Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
2600 - Examining Board of Physical Therapists and Athletic Trainers
Section 2600-12.0 - Unprofessional Conduct (24 Del.C. Section 2616(7))

12.1 Assuming duties within the practice of physical therapy or athletic training without adequate preparation or supervision or when competency has not been established or maintained.

12.2 The Physical Therapist or Athletic Trainer who knowingly allows a Physical Therapist Assistant or Athletic Trainer to perform prohibited activities is guilty of unprofessional conduct.

12.3 The Physical Therapist, Physical Therapist Assistant, or Athletic Trainer who knowingly performs prohibited activities is guilty of unprofessional conduct.

12.4 The Physical Therapist, Athletic Trainer, or Physical Therapist Assistant who knowingly allows support personnel to perform prohibited activities is guilty of unprofessional conduct.

12.5 Performing new physical therapy or athletic training techniques or procedures without proper education and practice or without proper supervision.

12.6 Failing to take appropriate action or to follow policies and procedures in the practice situation designed to safeguard the patient.

12.7 Inaccurately recording, falsifying, or altering a patient or facility record.

12.8 Committing any act of verbal, physical, mental or sexual abuse of patients.

12.9 Assigning untrained persons to perform functions which are detrimental to patient safety, for which they are not adequately trained or supervised, or which are not authorized under these Rules and Regulations.

12.10 Failing to supervise individuals to whom physical therapy or athletic training tasks have been delegated.

12.11 Failing to safeguard the patient's dignity and right to privacy in providing services regardless of race, color, creed and status.

12.12 Violating the confidentiality of information concerning the patient.

12.13 Failing to take appropriate action in safeguarding the patient from incompetent health care practice.

12.14 Practicing physical therapy as a Physical Therapist or Physical Therapist Assistant or athletic training as an Athletic Trainer when unfit to perform procedures or unable to make decisions because of physical, psychological, or mental impairment.

12.15 Practicing as a Physical Therapist, Physical Therapist Assistant or Athletic Trainer when physical or mental ability to practice is impaired by alcohol or drugs.

12.16 Diverting drugs, supplies or property of a patient or a facility.

12.17 Allowing another person to use his/her license.

12.18 Resorting to fraud, misrepresentation, or deceit in taking the licensing examination or obtaining a license as a Physical Therapist, Physical Therapist Assistant or Athletic Trainer.

12.19 Impersonating any applicant or acting as proxy for the applicant in a Physical Therapist, Physical Therapist Assistant, or Athletic Trainer licensing examination.

12.20 A Physical Therapist, who initiated a physical therapy plan of care without a referral, continuing to treat a patient for longer than thirty days without a licensed health practitioner consult. An Athletic Trainer continuing to treat a patient, who initiated treatment for a minor strain, sprain, or contusion for longer than thirty days without a licensed health practitioner consult; preventative taping, padding, bandaging, icing and conditioning excluded.

12.21 Substantially modifying a treatment prescription without consulting the referring licensed health practitioner.

12.22 Failing to comply with the mandatory continuing education requirements of 24 Del.C. § 2607(a) and Section 13.0.

12.23 Any licensee who has knowledge that another licensee has violated the Code of Professional Conduct set forth in Section 12.0, or any other Board law, Rule or Regulation, shall present that information by complaint to the Division of Professional Regulation for investigation.

12.24 Involvement in a contract involving less than fair market value for services, such as the contracting of athletic training services for less than fair market value, where such services include the direct or indirect kickback of referrals or other financial gain.