Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 13A.205(4),
314A.200(5),
314A.225
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
314A.225 requires the board to promulgate
administrative regulations defining unprofessional conduct, establishing a code
of ethics, and grounds for removal of board members. This administrative
regulation sets forth codes of ethics and unprofessional conduct, as well as
grounds for removing board members.
Section
1. The following code of ethics consists of general guidelines
which embody certain standards of practice for the respiratory care
practitioner. The respiratory care practitioner shall practice within the
parameters of this code of ethics. The respiratory care practitioner shall:
(1) Continually strive to increase and
improve his or her knowledge and skill and render to each patient the full
measure of his or her ability;
(2)
Provide services with respect for the dignity of the patient, unrestricted by
considerations of social or economic status, personal attributes, or the nature
of health problems;
(3) Be
responsible for the competent and efficient performance of his or her assigned
duties and shall expose incompetence and illegal or unethical conduct of
members of the profession;
(4) Hold
in strict confidence all privileged information concerning the patient and
refer all inquiries to the physician in charge of the patient's medical
care;
(5) Uphold the dignity and
honor of the profession and abide by its ethical principles;
(6) Be familiar with existing state and
federal laws governing the practice of respiratory care and comply with those
laws;
(7) Cooperate with other
health care professionals and participate in activities to promote community,
state, and national efforts to meet the health needs of the public.
Section 2. Unprofessional conduct
in the practice of respiratory care shall include the following acts by a
person credentialed by this board:
(1)
Violating any of the provisions of KRS Chapter 314A or the administrative
regulations adopted thereunder;
(2)
Committing any unfair, false, misleading, or deceptive act or
practice;
(3) Acting incompetently
or negligently in the practice of respiratory care;
(4) Practicing respiratory care while under
the suspension, revocation, or restriction of the individual's certification by
competent authority in any state, federal, or foreign jurisdiction;
(5) Unlawfully failing to cooperate with the
board by:
(a) Not furnishing any papers or
documents requested by the board;
(b) Not furnishing in writing a complete
explanation covering the matter contained in the complaint filed with the
board;
(c) Not appearing before the
board at the time and place designated; or
(d) Not properly responding to subpoenas
issued by the board.
(6)
Failing to comply with an order issued by the board or an agreed order
established with the board;
(7)
Aiding or abetting an uncertified person to practice respiratory care when a
certificate is required;
(8)
Practicing beyond the scope of practice set forth in
KRS
314A.100;
(9) Failing to provide adequate supervision
to persons holding a limited or temporary certification;
(10) Being convicted of any misdemeanor or
felony relating to the practice of respiratory care. For purposes of this
subsection, conviction includes all instances in which a plea of nolo
contendere is the basis for conviction and all proceedings in which the
sentence has been deferred or suspended;
(11) Physically abusing or having sexual
contact with a patient or client;
(12) Accepting by any means, a valuable
consideration or gratuity of any kind in return for preferential consideration
or treatment of a patient;
(13)
Practicing respiratory care while intoxicated or under the influence of alcohol
or other mind-altering or mood-altering drugs not prescribed by a licensed
physician;
(14) Engaging in any
immoral conduct in the practice of respiratory care;
(15) Not informing the board in writing of
any changes to the licensee's permanent address or place of employment within
twenty (20) days; and
(16)
Violating the code of ethics adopted by the board.
Section 3. Reasons for Removal of Board
Member.
(1) A board member may be removed by
the board by majority vote of the board if the member has:
(a) Been convicted of felony;
(b) Had his or her certification to practice
respiratory care or license to practice medicine suspended or revoked;
or
(c) Missed three (3) or more
consecutive board meetings and those absences are deemed un-excused by a
majority vote of the board.
(2) Upon an affirmative vote by the board to
remove a member, the board shall notify the Governor of the action.
STATUTORY AUTHORITY:
KRS
314A.200(5),
314A.205,
314A.225
