Billy H. Stout, M.D., Board Secretary
State Board of Medical Licensure and Supervision
101 N.E. 51st Street
Oklahoma City, OK 73105-1821
Re: Tanner (“Defendant”), Case No. 23-11-6281
Dear Dr. Stout:
This office has received your request for a written Attorney General Opinion regarding action that the State Board of Medical Licensure and Supervision intends to take in case 23-11-6281. The Physical Therapy Practice Act (“Act”) authorizes the Board to revoke or order other appropriate sanctions against the license of a physical therapist found “guilty of conduct unbecoming a person licensed as a physical therapist . . . or guilty of conduct detrimental to the best interests of the public or other profession” and “guilty of any act in conflict with the ethics of the profession of physical therapy.” 59 O.S.2021, § 887.13(A)(9-10). Medical Board Rules concerning the practice of physical therapy define the following acts as unprofessional conduct: (6) “[e]ngaging in physical conduct with a patient that is sexual in nature, or in any verbal behavior that is seductive or sexually demeaning to the patient;” and (25) “[w]hile engaged in the care of a patient, engaging in conduct with a patient, patient family member, or significant other that is seductive or sexually demeaning/exploitive in nature.” OAC 435:20-5-8(b)(6 & 25).
According to a Board complaint filed in February 2024, Defendant engaged in inappropriate physical contact of a sexual nature with a patient during a physical therapy session on or about October 6, 2023. Defendant then subsequently engaged the patient by communications of a sexual nature. After determining that Defendant was in default and finding clear and convincing evidence that the Defendant violated the Act and Board rules, the Board proposes to revoke Defendant’s license without the right to reapply and to require Defendant to pay costs related to the disciplinary action. The Board may reasonably believe that the proposed action is necessary to deter future violations and to protect the public.
It is, therefore, the official opinion of the Attorney General that the State Board of Medical Licensure and Supervision has adequate support for the conclusion that this board action advances the State’s policy of protecting the health, safety, and well-being of the citizens of Oklahoma.
ROB JOHNSON
General Counsel
