Current through Register Vol. 48, No. 38, September 20, 2024
a) Pursuant to Section 90(a)(9) of the Act,
engaging in dishonorable, unethical or unprofessional conduct in the practice
of orthotics, prosthetics, or pedorthics shall include but not be limited to:
1) The promotion of the sale of services and
devices in such manner as to exploit the patient or client for the financial
gain of the practitioner or of a third party.
2) Directly or indirectly offering, giving,
soliciting, or receiving, or agreeing to receive, any fee or other
consideration to or from a third party for the referral of a patient or
client.
3) Revealing of personally
identifiable facts, data or information about a patient or client obtained in a
professional capacity without the prior consent of the patient or client,
except as authorized or required by law.
4) Providing care or services without an
order from a licensed physician or podiatrist.
5) Practicing or offering to practice beyond
the scope permitted by law, or accepting and performing professional
responsibilities that the licensee knows or has reason to know that he or she
is not competent to perform.
6)
Delegating professional responsibilities to a person when the licensee
delegating such responsibilities knows or has reason to know that the person to
whom the responsibilities were delegated is not qualified by training,
experience, or licensure to perform them.
7) Failing to exercise appropriate
supervision over persons who are authorized to practice only under the
supervision of a licensed orthotist, prosthetist, or pedorthist.
8) Overutilizing services by providing
excessive evaluation or treatment procedures not warranted by the condition of
the patient or by continuing treatment beyond the point of possible
benefit.
9) Making gross or
deliberate misrepresentations or misleading claims, including but not limited
to:
A) professional qualifications;
B) the efficacy or value of the treatments,
remedies or devices given or recommended.
10) Gross and willful and continued
overcharging for professional services, including filing false statements for
collection of fees for which services are not rendered.
11) Failing to maintain a record for each
patient that accurately reflects the evaluation and treatment of the
patient.
12) Advertising or
soliciting for patronage in a manner that is fraudulent or misleading. Examples
of advertising or soliciting that are considered fraudulent or misleading shall
include, but not be limited to:
A) Advertising
by means of testimonials, anecdotal reports of orthotic, prosthetic, or
pedorthic practice successes or claims of superior quality of care to entice
the public; or
B) Advertising that
contains false, fraudulent, deceptive or misleading materials, warranties or
guarantees of success, statements that play upon vanities or fears of the
public or statements that promote or produce unfair competition.
b) Orthotics,
Prosthetics and Pedorthics: The Division hereby incorporates by reference the
Code of Professional Responsibility, American Board for Certification in
Orthotics, Prosthetics & Pedorthics, Inc., 330 John Carlyle St., Ste. 210,
Alexandria VA 22314, September 2012, with no later amendments and editions; and
the Code of Ethics in the Information Package, Category I Professional -
Prosthetist/Orthotist, Orthopaedic Engineer, Orthopaedic Meister, International
Society for Prosthetics and Orthotics, Education Committee, 22-24 Rue du
Luxembourg B-1000 Brussels, Belgium, November 2002, with no later amendments
and editions.