Current through Register Vol. 43, No. 02, November 27, 2024
(1)
"Unbecoming Conduct" is defined as incompetent, illegal, unethical,
unprofessional, or dishonorable conduct which violates those standards which
have become accepted as obligations reasonably necessary for the protection of
the public interest and for professional accountability.
(2) Certain Conduct Specifically Prohibited.
While the statements of conduct apply universally, the application or
interpretations are usually based on specific individual circumstances. The
determination as to what constitutes unbecoming conduct shall be solely within
the judgment of the Board of Physical Therapy. The Board finds that and
declares that unbecoming conduct shall include, but not be limited to, the
following either singularly, in part, or in combination:
(a) Practicing with an expired license or
privilege.
(b) Willful or grossly
negligent failure to comply substantially with provisions of laws, rules or
regulations governing the practice of the profession in Alabama or any other
state.
(c) Abandoning or neglecting
a patient in need of immediate professional care without making reasonable
arrangements for the continuation of such care.
(d) Willfully harassing, abusing, or
intimidating a patient, co-worker, student, volunteer, or any individual either
physically or verbally while practicing physical therapy.
(e) Suggesting to a patient referred by one
practitioner that the patient seek the services of another practitioner without
first consulting the referring practitioner.
(f) Guaranteeing that satisfaction or a cure
will result from the performance of professional services.
(g) Administering excessive tests or
treatment; use of treatment procedures or equipment not warranted by the
condition of the patient.
(h)
Claiming that the quality of services is greater than the quality of services
performed by other physical therapists or other physical therapist
assistants.
(i) Using the word
"doctor" in offering to perform professional services without also indicating
the discipline in which the licensee holds a doctorate.
(j) Accepting and undertaking the performance
of responsibilities which the licensee or privilege holder knows or has reason
to know that he or she is not qualified to perform, or performing without
adequate supervision or direction, services which the licensee or privilege
holder is authorized to perform only under the supervision or direction of
licensed persons or privilege holders.
(k) Delegating responsibilities to a person
when the licensee or privilege holder delegating such responsibilities knows or
has reason to know that such person is not qualified by education, by
experience, by privilege or by licensure to perform them.
(l) Failing to exercise appropriate
supervision or direction over persons who are authorized to practice only under
the supervision or direction of the licensed or privileged
professional.
(m) Failing to
maintain appropriate records which accurately reflect the evaluation and
treatment for each patient.
(n)
Revealing personally identifiable facts, data, or information obtained in a
practitioner capacity without the prior consent of the patient or client,
except as authorized or required by law.
(o) Failing to make available to a patient,
or, upon a patient's request, to another licensed or privileged health care
practitioner consistent with that practitioner's authorized scope of practice,
copies of reports, tests, records, or evaluations relating to the patient, or
failing to complete forms or reports required for the reimbursement of a
patient by a third party.
(p)
Endorsing equipment, products or services to the patient and the lay public if
any remuneration is received in return for such endorsement without notifying
the patient or lay person that you would profit from the sale of the equipment,
products or services.
(q) Failing
to report known incompetent, illegal or unprofessional conduct.
(r) Engaging in sexual misconduct. Sexual
misconduct, for the purpose of this section, includes but is not limited to the
following:
1. Engaging in or soliciting sexual
relationships with a patient currently under your care.
2. Sexually harassing patients under your
care.
(s) Charging
unreasonable or fraudulent fees for services performed or not
performed.
(t) Interfering with or
refusing to cooperate in an investigation or disciplinary proceeding conducted
by the Board, the Physical Therapy Compact Commission or other any governmental
agency where cooperation is required.
