Current through Register Vol. 42, No. 5, February 29, 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.
(b) Willful or grossly
negligent failure to comply substantially with provisions of laws, rules or
regulations governing the practice of the profession.
(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 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 is authorized to perform only under the supervision or
direction of licensed persons.
(k)
Delegating responsibilities to a person when the licensee delegating such
responsibilities knows or has reason to know that such person is not qualified
by education, by experience, 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 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
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 or other any governmental agency where cooperation is
required.
