Illinois Administrative Code
Title 68 - PROFESSIONS AND OCCUPATIONS
Part 1335 - PERFUSIONIST PRACTICE ACT
Section 1335.100 - Unethical, Unauthorized or Unprofessional Conduct
Universal Citation: 68 IL Admin Code ยง 1335.100
Current through Register Vol. 48, No. 38, September 20, 2024
a) The Department may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action based upon its finding of "unethical, unauthorized, or unprofessional conduct" within the meaning of Section 105(7) of the Act. In determining what constitutes unethical, unauthorized or unprofessional conduct of a character likely to deceive, defraud or harm the public, the Department shall consider whether the questioned activities:
1) Are
violative of ethical standards of the profession (such as safeguarding patient
confidence and records within the constraints of law; respecting the rights of
patients, colleagues and other health professionals; observing laws under the
Act; and providing service with compassion and respect for human
dignity);
2) Constitute a breach of
the perfusionist's responsibility to a patient;
3) Resulted in assumption by the perfusionist
of responsibility for delivery of patient care that the perfusionist was not
properly qualified or competent to render;
4) Resulted in a delegation of responsibility
for delivery of patient care to persons who were not properly supervised or who
were not competent to assume such responsibility;
5) Caused actual harm to any member of the
public or are reasonably likely to cause harm to any member of the public in
the future;
6) Resulted in the
individual being convicted of any crime an essential element of which is
larceny, embezzlement, obtaining money, property or credit by false pretenses
or by means of a confidence game, dishonesty, fraud, misstatement or moral
turpitude;
7) Involved
misrepresenting as to educational background, training, credentials,
competence, or medical staff memberships;
8) Entailed abuse of the perfusionist/patient
relationship by taking unfair advantage of a patient's vulnerability;
9) Involved unethical conduct with a patient
that resulted in the patient engaging in unwanted personal, financial or sexual
relationships with the perfusionist;
10) Involved committing an act or acts, in
the practice conducted under the Act, of a flagrant, glaringly obvious nature
that constitute conduct of such a distasteful nature that accepted codes of
behavior or codes of ethics are breached;
11) Involved committing an act or acts in a
relationship with a patient so as to violate common standards of decency or
propriety;
12) Involved
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;
13) Involved making gross or deliberate
misrepresentations or misleading claims as to professional qualifications or of
the efficacy or value of the treatments or remedies given or recommended, or
those of another practitioner;
14)
Involved willfully making or filing a false report or record, willfully failing
to file a report or record required by State or federal law, or willfully
impeding or obstructing such filing or inducing another person to do so. Such
reports or records include only those reports or records that require the
signature of a respiratory care practitioner licensed pursuant to this
Part;
15) Allowed the opportunity
to arise whereby objective evaluations of products and services are compromised
by gratutities, gifts, entertainment, consulting engagements, employment
status, or any other material or personal gain;
16) Constitute gross negligence. In
determining what constitutes gross negligence, the Board shall consider gross
negligence to be an act or omission that is evidence of recklessness or
carelessness toward or a disregard for the safety or well-being of the patient,
and that results in injury to the patient.
b) Pursuant to Section 105(7) of the Act, the Department incorporates by reference the "Code of Ethics" of the American Society of Extra-Corporeal Technology, 503 Carlisle Dr., Suite 125, Herndon VA 20170 (2001), with no later amendments or editions.
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