Idaho Statutes
TITLE 54
PROFESSIONS, VOCATIONS, AND BUSINESSES
CHAPTER 22
PRACTICE OF PHYSICAL THERAPY
54-2201. SHORT TITLE. This chapter shall be known and may be cited as the
"Physical Therapy Practice Act."
54-2202. DECLARATION OF POLICY.
To protect the public health, safety and
welfare, and to provide for state administrative supervision, licensure
and
regulation, every person practicing or offering to practice physical
therapy
who meets and maintains prescribed standards of competence and conduct
shall
be licensed as provided in this chapter. This chapter shall be
liberally
construed to promote the public interest and to accomplish the purpose
stated
herein.
54-2203. DEFINITIONS. As used in this chapter:
(1) "Applicant" means a person applying for a license or permit under
this chapter.
(2) "Board" means the Idaho physical therapy licensure board.
(3) "Bureau" means the bureau of occupational licenses.
(4) "Department" means the department of self-governing agencies.
(5) "License" means a document issued by the board to a person under
this
chapter authorizing the person to practice as a physical therapist or
physical
therapist assistant.
(6) "Physical therapist" means a person licensed under the provisions
of
this chapter to engage in the practice of physical therapy.
(7) "Physical therapist assistant" means a person who meets the
requirements of this chapter and who performs physical therapy
procedures and
related tasks that have been selected and delegated only by a
supervising
physical therapist.
(8) "Physical therapy" means the care and services provided by or under
the direction and supervision of a physical therapist.
(9) The "practice of physical therapy" means the exercise of the
profession of physical therapy by a person who engages in the following
health
care activities:
(a) Examining, evaluating and testing individuals
with mechanical, physiological and developmental impairments,
functional limitations, and disability or other health and movement
related conditions in order to determine a diagnosis for physical
therapy and prognosis for physical therapy, plan of therapeutic
intervention, and to assess the ongoing effects of intervention.
(b) Alleviating impairments and functional
limitations by designing, implementing and modifying therapeutic
interventions that include, but are not limited to: therapeutic
exercise; functional mobility training in self-care and in-home,
community or work reintegration; manual therapy; assistive, adaptive,
protective and supportive devices and equipment; bronchopulmonary
hygiene; debridement and wound care; physical agents or modalities;
mechanical and electrotherapeutic modalities; and patient related
instruction; and to reduce the risk of injury, impairment, functional
limitation, and disability, including the promotion and maintenance of
fitness, health, and quality of life in all age populations. The
practice of physical therapy shall not include the use of radiology,
surgery or medical diagnosis of disease.
(c) Engaging in administration, consultation,
testing, education and research as related to paragraphs (a) and (b) of
this subsection.
(10) "Supportive personnel" means a person or persons trained under the
direction of a physical therapist who performs designated and
supervised
routine physical therapy tasks.
54-2204. EXEMPTIONS. Nothing in this chapter shall be construed to
restrict any persons licensed or regulated by the state of Idaho from
engaging
in the profession or practice for which they are licensed or regulated,
including, but not limited to, any athletic trainer, chiropractor,
dentist,
nurse, physician, podiatrist, occupational therapist, optometrist,
osteopath,
surgeon, or any other licensed or regulated practitioner of the healing
arts,
nor restrict employees working under the direct supervision of those
persons
referred to in this section, so long as such person does not hold
himself or
herself out as a physical therapist, physical therapist assistant or a
person
engaged in the practice of physical therapy.
54-2205. PHYSICAL THERAPY LICENSURE BOARD.
(1) There is hereby
established in the department of self-governing agencies a physical
therapy
licensure board. The board shall consist of five (5) members appointed
by the
governor, three (3) of whom shall be licensed physical therapists, one
(1) of
whom may be a licensed physical therapist assistant or a licensed
physical
therapist, and one (1) of whom shall be a member of the public with an
interest in the rights of the consumers of health services. All members
of the
board shall be residents of Idaho at the time of their appointment and
for
their term of service. The persons appointed to the board who are
required to
be licensed under this chapter shall have been engaged in rendering
physical
therapy or physical therapy assistant care services, respectively, to
the
public, in teaching, or in research in physical therapy or physical
therapy
assistant care services, respectively, for at least three (3) years
immediately preceding their appointments. These members, excepting the
public
member, shall at all times be holders of valid licenses and be in good
standing without restriction upon such license for the practice of
physical
therapy or physical therapy assistant, respectively, in Idaho.
(2) The governor, within sixty (60) days after the effective date of
this
act, shall appoint two (2) board members for a term of one (1) year;
two (2)
members for a term of two (2) years; and one (1) member for a term of
three
(3) years. Appointments made thereafter shall be for three (3) year
terms, but
no person shall be appointed to serve more than two (2) consecutive
terms.
Terms shall begin on the first day of the calendar year and end on the
last
day of the calendar year or until successors are appointed, except for
the
first appointed members who shall serve through the last calendar day
of the
year in which they are appointed, before commencing the terms
prescribed in
this section.
(3) The members of the board shall be selected by the governor after
considering a list of three (3) qualified applicants for each such
vacancy
submitted by the Idaho physical therapy association.
(4) The board, within sixty (60) days after the effective date of this
act, and annually thereafter, shall hold a meeting and elect a chairman
who
shall preside at meetings of the board. In the event the chairman is
not
present at any board meeting, the board may by majority vote of the
members
present appoint a temporary chairman. A majority of the members of the
board
shall constitute a quorum. Other meetings may be convened at the call
of the
chairman or upon the written request of any two (2) board members.
(5) Each member of the board shall be compensated as provided in
section
59-509(h), Idaho Code.
(6) Members of the board shall disqualify themselves and, upon the
motion
of any interested party may, upon proper showing, be disqualified in
any
proceeding concerning which they have an actual conflict of interest or
bias
that interferes with their fair and impartial service.
(7) The governor may remove any member of the board from the membership
of the board who is guilty of malfeasance, misfeasance or nonfeasance.
54-2206. POWERS AND DUTIES OF THE BOARD. The board shall have the
authority to administer, coordinate and enforce the provisions of this
chapter. Such authority shall include, but not be limited to, the power
to:
(1) Evaluate the qualifications of applicants for licensure, approve
and
administer examinations to test the knowledge and proficiency of
applicants
for licensure, and approve or deny the registration and issuance and
renewal
of licenses and permits;
(2) Authorize all disbursements necessary to carry out the provisions
of
this chapter;
(3) Promulgate rules not inconsistent with the laws of this state which
are necessary to carry out the provisions of this chapter;
(4) Adopt rules providing for continuing education;
(5) Obtain restraining orders and injunctions prohibiting conduct in
violation of the provisions of this chapter, conduct investigations,
issue
subpoenas, and examine witnesses and administer oaths, concerning
practices
which are alleged to violate the provisions of this chapter;
(6) Suspend or revoke or otherwise sanction licensees in the manner
provided in this chapter, or place a person holding a license under
this
chapter on probation;
(7) Require as a condition of receiving or retaining a license issued
under this chapter that restitution be paid to a consumer;
(8) Require the inspection of testing equipment and facilities of
persons
engaging in any practice pursuant to this chapter;
(9) As the board deems reasonable, take notice of and give effect to
prior licenses issued to physical therapists and physical therapist
assistants
in the state of Idaho by the state board of medicine and such other
actions,
proceedings, orders or decisions of the state board of medicine
involving
complaints, investigations, discipline or other matters concerning
physical
therapists or physical therapist assistants; and
(10) Authorize, by written agreement, the bureau of occupational
licenses
to act as its agent in its interest.
54-2207. APPLICATION FOR LICENSURE AND FEES. An applicant for licensure
as a physical therapist or physical therapist assistant shall file an
application with the board on forms prescribed and furnished by the
board. The
application shall be made under oath, and shall show the applicant's
address,
education, evidence of graduation from a nationally accredited school
of
physical therapy or nationally accredited school for physical therapist
assistants with a curriculum acceptable to the board and a detailed
summary of
any other qualifications deemed relevant to licensure by the board. The
application shall also require the disclosure of any criminal
conviction or
charge against the applicant other than minor traffic infractions, the
disclosure of any disciplinary action against the applicant by any
professional regulatory agency, including any agency within the state
or any
other state, and the disclosure of any denial of registration or
licensure by
any state or district regulatory body. A nonrefundable application fee
and
payment for the cost of the examination shall accompany the completed
written
application. Fees shall be established by the administrative rules of
the
board.
54-2208. DENIAL OF APPLICATION. An application for licensure that has
been denied by the board shall be considered a contested case as
provided for
in chapter 52, title 67, Idaho Code, and be subject to the provisions
of that
chapter, as well as the administrative rules adopted by the board
governing
contested cases.
54-2209. EXAMINATIONS.
(1) The board shall authorize examinations and
permit any applicant whose application for licensure has been accepted by the
board to take the board approved examinations. The board shall determine the
passing score for examinations. Examinations shall test for entry-level
competence and requisite knowledge and skills in the technical application of
physical therapy services.
(2) An applicant who fails an examination may retake an examination one
(1) additional time without reapplication for licensure, provided that the
second examination occurs within six (6) months from the notification of the
first failure.
(3) The board shall have the authority to prescribe additional course
work or clinical work for any applicant who has failed an examination two (2)
or more times. An applicant applying for licensure who has failed any board
authorized examination two (2) or more times shall reapply and demonstrate to
the board's satisfaction evidence of successful completion of additional
clinical training or coursework as determined by the board.
54-2210. QUALIFICATIONS FOR LICENSURE. To be eligible for licensure as a
physical therapist or physical therapist assistant, a person must:
(1) Be of good moral character; and
(2) Submit a completed written application to the board on forms
furnished by the board which shall require proof of graduation from a
nationally accredited school, with a curriculum acceptable to the board, for
physical therapists or physical therapist assistants, and have completed the
application process; and
(3) Have either passed to the satisfaction of the board, an examination
authorized by the board to determine his or her fitness to practice as a
physical therapist or physical therapist assistant, or be entitled to and
apply for licensure by endorsement as provided for in section 54-2211, Idaho
Code.
54-2211. QUALIFICATIONS FOR LICENSURE BY ENDORSEMENT. A person who can
show to the satisfaction of the board that he or she has met the
qualifications set forth in section 54-2210(1) and (2), Idaho Code, and who,
at the time of application, is a licensed or registered physical therapist or
physical therapist assistant in good standing under the laws of another state
or territory, and who can show to the satisfaction of the board that the
person has passed a physical therapist or physical therapist assistant
examination which is substantially similar to an examination authorized by the
board, as determined by the board, shall be entitled to licensure without
examination upon payment to the board of the licensure fee.
54-2212. QUALIFICATIONS FOR LICENSURE OF FOREIGN-EDUCATED PHYSICAL
THERAPISTS. (1) An applicant for licensure as a physical therapist or physical
therapist assistant who has been educated outside of the United States shall:
(a) Be of good moral character; and
(b) Submit a completed written application to the board on forms
furnished by the board which shall require proof of graduation from a
school for physical therapists or physical therapist assistants with a
curriculum acceptable to the board; and
(c) Have his or her education credentials evaluated by a board approved
credential evaluation agency and provide satisfactory evidence that his or
her education is substantially equivalent to the requirements of physical
therapists or physical therapist assistants educated in accredited
educational programs as determined by the board. If the board determines
that a foreign-educated applicant's education is not substantially
equivalent, it may require successful completion of additional coursework
before proceeding with the application process;
(d) Provide written proof that the school of physical therapy education
is recognized by its own ministry of education;
(e) If the applicant has actually practiced as a physical therapist or
physical therapist assistant abroad, the applicant shall provide written
proof of authorization to practice as a physical therapist without
limitations in the country where the professional education occurred;
(f) Provide proof of legal authorization to reside and seek employment in
the United States or its territories;
(g) Have successfully passed an examination authorized by the board.
(2) Notwithstanding the provisions of this section, if the
foreign-educated physical therapist or physical therapist assistant applicant
is a graduate of a professional physical therapy education program accredited
by an agency approved by the board, requirements in subsections (1)(c) and
(1)(d) of this section shall be waived.
54-2213. EXEMPTIONS -- MILITARY, STUDENTS, EDUCATORS. In addition to the
exemptions provided in section 54-2204, Idaho Code, the following persons
shall also be exempt from licensure under this chapter:
(1) A physical therapist while practicing in the United States armed
services, United States public health service or veterans administration as
based on requirements under federal regulations for state licensure of health
care providers.
(2) A person who is pursuing a course of study leading to a degree as a
physical therapist or physical therapist assistant in an accredited or board
approved professional education program and is satisfying supervised clinical
education requirements related to his or her physical therapy education.
(3) A physical therapist licensed and in good standing in another U.S.
jurisdiction, or a foreign-educated physical therapist credentialed in another
country, performing physical therapy as part of teaching or participating in
an educational seminar of no more than sixty (60) days in a calendar year.
54-2214. LICENSE RENEWAL. (1) A license shall be issued for a period of
not less than one (1) year in conformance with administrative rules adopted by
the board. The failure of any licensee to renew his or her license, as
required herein and by the administrative rules of the board shall not deprive
such person of the right to renewal, except as provided for in section
54-2215, Idaho Code.
(2) On and after July 1, 2007, each individual applicant for renewal of
an active license shall, on or before the expiration of the license, submit
satisfactory proof to the board of successful completion of not less than
sixteen (16) hours of board-approved continuing education every year and as
set forth in administrative rules adopted pursuant to this chapter. The board,
in its discretion, may require such additional evidence as is necessary to
verify compliance.
(3) Fees for licensure of physical therapists and physical therapist
assistants shall be fixed by the board in its administrative rules. All fees
shall be transmitted to the state treasurer for credit to the board's account.
(4) All licensed physical therapists or physical therapist assistants
shall report to the board any name change or changes in business and home
addresses prior to the expiration of thirty (30) days after the change becomes
final.
54-2215. RENEWAL AND REINSTATEMENT OF LICENSE. All licenses issued under
the provisions of this chapter shall be subject to annual renewal and shall
expire unless renewed in the manner prescribed by the board regarding
applications for renewal, continuing education and fees. License renewal and
reinstatement shall be in accordance with section 67-2614, Idaho Code.
54-2216. LAWFUL PRACTICE OF PHYSICAL THERAPY. (1) A physical therapist or
physical therapist assistant duly licensed in accordance with this chapter is
authorized to practice physical therapy as defined in this chapter.
(2) A physical therapist shall refer persons under his or her care to
appropriate health care practitioners including, but not limited to, licensed
medical physicians, osteopathic physicians, podiatrists, dentists or
chiropractic physicians, if the physical therapist has reasonable cause to
believe symptoms or conditions are present that require services beyond the
scope of practice of physical therapy or when the physical therapist has
reasonable cause to believe that physical therapy is contraindicated.
(3) Physical therapists and physical therapist assistants shall adhere to
the standards of ethics of the physical therapy profession as set forth in the
administrative rules adopted by the board.
54-2217. USE OF TITLES AND RESTRICTIONS. (1) A physical therapist may use
the letters "PT" in connection with his or her name or place of business to
denote licensure under this chapter.
(2) It is unlawful for any person, or for any business entity, its
employees, agents or representatives to use in connection with his or her
name, or the name of activity of the business, the words "physical therapy,"
"physical therapist," "physiotherapist," "registered physical therapist," or
"licensed physical therapist," or the letters "PT," "LPT," "RPT," or any other
words, abbreviations or insignia indicating or implying directly or indirectly
that such person, business entity, its employees, agents or representatives
are engaged in the practice of physical therapy, unless such services are
provided by or under the direction of a physical therapist licensed in
accordance with this chapter.
(3) A physical therapist assistant shall use the letters "PTA" in
connection with his or her name to denote licensure under this chapter.
(4) It is unlawful for any person to use the title "physical therapist
assistant," "licensed physical therapist assistant," or "registered physical
therapist assistant," or the letters "PTA," "RPTA," or "LPTA," or any other
words, abbreviations or insignia in connection with his or her name to
indicate or imply, directly or indirectly, that he or she is a physical
therapist assistant without being licensed in accordance with this chapter as
a physical therapist assistant.
54-2218. SUPERVISION OF PHYSICAL THERAPIST ASSISTANTS AND SUPPORTIVE
PERSONNEL. (1) A licensed physical therapist shall supervise and be
responsible for patient care given by physical therapist assistants and
supportive personnel. A physical therapist who delegates tasks or procedures
that fall within the scope of the practice of physical therapy shall supervise
such tasks and procedures in conformance with administrative rules adopted by
the board.
(2) A physical therapist shall adhere to the policies and procedures that
delineate the functions, responsibilities and supervisory relationships of
physical therapist assistants and supportive personnel as established by the
board, on the advice and counsel of the committee, in the board's
administrative rules.
54-2219. GROUNDS FOR DISCIPLINARY ACTION. The following conduct, acts, or
conditions shall constitute grounds for disciplinary action:
(1) Violating any provision of this chapter or any administrative rule
adopted by the board;
(2) Practicing or offering to practice beyond the scope of physical
therapy practice as defined in this chapter or failing to meet the standard of
physical therapy provided by other qualified physical therapists and physical
therapist assistants in the same or similar communities;
(3) Obtaining or attempting to obtain a license by fraud,
misrepresentation or omission;
(4) Engaging in the performance of substandard care by a physical
therapist due to an intentional, negligent, or reckless act or failure to act;
(5) Engaging in the performance of substandard care by a physical
therapist assistant, due to an intentional, negligent, or reckless act or
failure to act, or performing tasks not selected or delegated by the
supervising licensed physical therapist;
(6) Inadequate supervising by a physical therapist of a physical
therapist assistant and/or supportive personnel, or inadequate supervising by
a physical therapist assistant of supportive personnel in accordance with this
chapter and the administrative rules adopted by the board;
(7) Having been convicted of a felony or being convicted of any crime
that has a bearing on any practice pursuant to this chapter in the courts of
this state or any other state, territory or country. Conviction, as used in
this subsection (7), shall include a finding or verdict of guilt, an admission
of guilt, or a plea of nolo contendere or its equivalent. The record of
conviction, or a certified copy thereof, certified by the clerk of the court
or by the judge in whose court the conviction occurred, shall be conclusive
evidence of such conviction;
(8) Practicing as a physical therapist or working as a physical therapist
assistant when physical or mental abilities are impaired by the use of
controlled substances or other drugs, chemicals or alcohol;
(9) Having had a license revoked or suspended, other disciplinary action
taken or an application for licensure refused, revoked or suspended by the
proper authorities of another state, territory or country, or omitting such
information from any application to the board, or failure to divulge such
information when requested by the board;
(10) Committing any act of sexual contact, misconduct, exploitation or
intercourse with a patient or former patient or related to the licensee's
practice of physical therapy as a physical therapist or physical therapist
assistant, provided:
(a) Consent of the patient shall not be a defense;
(b) This subsection (10) shall not apply to sexual contact between a
physical therapist or physical therapist assistant and the physical
therapist's or physical therapist assistant's spouse or a person in a
domestic relationship who is also a patient;
(c) A former patient means a patient for whom the physical therapist or
physical therapist assistant has provided physical therapy services within
the last twelve (12) months; and
(d) Sexual or romantic relationships with former patients beyond the
period of time set forth herein may also be a violation if the physical
therapist or physical therapist assistant uses or exploits the trust,
knowledge, emotions or influence derived from the prior professional
relationship with the patient;
(11) Directly or indirectly requesting, receiving or participating in the
dividing, transferring or assigning, of any referral fee from any health care
professional licensed or regulated by the state of Idaho, or any other third
party, or profiting by means of a credit or other valuable consideration such
as an unearned commission, discount or gratuity in connection with the
furnishing of physical therapy services. Nothing in this paragraph prohibits
the members, owners, shareholders or partners of any regularly and properly
organized business entity recognized by the laws of the state of Idaho and
comprised of physical therapists from dividing fees received for professional
services amongst themselves;
(12) Failing to adhere to the recognized standards of ethics of the
physical therapy profession as published in the administrative rules adopted
by the board;
(13) Making misleading, deceptive, untrue or fraudulent representations in
violation of this chapter or in the practice of the profession, or in the
application process;
(14) Having been adjudged mentally incompetent by a court of competent
jurisdiction;
(15) Aiding or abetting a person not licensed in this state who directly
or indirectly performs activities requiring a license;
(16) Failing to report to the board any act or omission of a licensee,
applicant, or any other person, which violates any provision of this chapter;
(17) Interfering with an investigation or disciplinary proceeding by
willful misrepresentation of facts or by use of threats or harassment against
any patient or witness to prevent them from providing evidence in a
disciplinary proceeding, investigation or other legal action;
(18) Failing to maintain patient confidentiality unless otherwise required
by law;
(19) Failing to maintain adequate records. For purposes of this subsection
(19), "adequate patient records" means legible records that contain, at a
minimum, an evaluation of objective findings, the plan of care, and the
treatment record;
(20) Promoting unnecessary devices, treatment, intervention or service for
the financial gain of the practitioner or of a third party;
(21) Providing treatment intervention unwarranted by the condition of the
patient;
(22) Failing to pay a valid judgment that arose out of any practice
pursuant to this chapter within two (2) months of the date that the judgment
became final;
(23) Failing to meet continuing education requirements as established by
the board.
54-2220. DISCIPLINE ACTIONS AND PROCEDURES. (1) The board shall regulate
the practice of physical therapy in the state of Idaho. The board is
authorized to institute any investigation, hearing or other legal proceeding
necessary to effect compliance with this chapter.
(2) The board or its hearing officer, upon a finding that action is
necessary, shall have the power pursuant to this chapter to administer oaths,
take depositions of witnesses within or without the state in the manner
provided by the administrative rules adopted by the board, and shall have
power throughout the state of Idaho to require the attendance of such
witnesses and the production of such books, records and papers as it may
desire at any hearing and for that purpose the board may issue a subpoena for
any witness or a subpoena duces tecum to compel the production of any books,
records or papers, directed to the sheriff of any county of the state of
Idaho, where such witness resides or may be found which shall be served and
returned. The board may require a licensee to be examined to determine his or
her mental or physical competence when the board has probable cause to believe
the licensee is suffering from an impairment that might impede his or her
ability to practice competently.
(3) When it is brought to the attention of the board by the written
statement of any person that a person licensed under this chapter has done any
act or thing in violation of any provision of this chapter, the board shall
immediately make an investigation of such person, and if the board finds that
there is probable cause to institute proceedings against such person, it shall
without unnecessary delay transmit to that person by mail, a copy of the
charges and shall fix a day for a hearing upon the matter, said hearing shall
be conducted in accordance with chapter 52, title 67, Idaho Code, and with the
administrative rules adopted by the board.
(4) The board may investigate any person to the extent necessary to
determine if the person is engaged in the unlawful practice of physical
therapy. If an investigation indicates that a person may be practicing
physical therapy unlawfully, the board shall inform the person of the alleged
violation. The board may refer the matter for prosecution whether or not the
person ceases the unlawful practice of physical therapy.
(5) The board may, in the name of the people of the state of Idaho, apply
for injunctive relief in any court of competent jurisdiction to enjoin any
person from committing any act in violation of this chapter. Such injunction
proceedings shall be in addition to, and not in lieu of, all penalties and
other remedies provided for in this chapter.
54-2221. DISCIPLINARY ACTIONS -- PENALTIES. The board may, upon proof
that a person has violated any provision contained in this chapter, take the
following disciplinary actions singly or in combination:
(1) Issue a censure or reprimand by informal admonition for minor
misconduct found by the board, which censure or reprimand shall be subject to
disclosure according to chapter 3, title 9, Idaho Code;
(2) Impose restrictions and/or conditions as to scope of practice, place
of practice, supervision of practice, duration of licensed status, or type or
condition of patient or client served. The board may require a licensee to
report regularly to the board on matters regarding the restricted license;
(3) Suspend a license, the duration of which shall be determined by the
board;
(4) Revoke a license;
(5) Refuse to issue or renew a license;
(6) Impose a reasonable fine for violation of this chapter in an amount
not to exceed a maximum amount as set forth in the administrative rules
adopted by the board;
(7) Accept a voluntary surrender of a license;
(8) Assess costs and attorney's fees against a licensee for any
investigation and/or administrative proceeding.
54-2222. JUDICIAL REVIEW. Any person who shall be aggrieved by any action
of the board in denying, refusing to renew, suspending or revoking a
certificate of licensure, issuing a censure, imposing any restriction upon a
license, or imposing any fine, may seek judicial review thereof in accordance
with the provisions of chapter 52, title 67, Idaho Code.
54-2223. UNLAWFUL PRACTICE -- FINES AND PENALTIES. (1) It shall be
unlawful for any person to practice or offer to practice physical therapy in
this state, or to use in connection with his or her name or otherwise assume,
use or advertise any title or description tending to convey the impression
that he or she is a physical therapist or a physical therapist assistant,
unless such person has been licensed under the provisions of this chapter.
(2) It shall be unlawful for any person to aid, abet, or require another
person, licensed or unlicensed, to directly or indirectly violate or evade any
provision of this chapter, or to combine or conspire with another person, or
permit one's license to be used by another person, or act as an agent,
partner, associate, or otherwise, of another person with the intent to violate
or evade the provisions of this chapter.
(3) A violation of the provisions of this chapter shall constitute a
misdemeanor, and any person convicted thereof shall be fined an amount not to
exceed one thousand dollars ($1,000). A second conviction for a violation of
any provision of this chapter shall also constitute a misdemeanor, and a
person convicted of a second violation of this chapter shall be imprisoned in
a county jail for a period not to exceed six (6) months, or shall be fined an
amount not to exceed five thousand dollars ($5,000), or shall be punished by
both such fine and imprisonment. Any third or more conviction for a violation
of any provision of this chapter shall constitute a felony, and a person
convicted of a third or more violation of this chapter shall be imprisoned in
the state prison for a period not to exceed three (3) years, or shall be fined
an amount not to exceed ten thousand dollars ($10,000), or shall be punished
by both such fine and imprisonment.
54-2224. DISPOSITION OF RECEIPTS -- EXPENSES. All moneys received
pursuant to the provisions of this chapter shall be deposited in the state
treasury to the credit of the occupational licenses fund. All expenses
incurred pursuant to the provisions of this chapter shall be paid from the
occupational licenses fund.