Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS 309.331,
309.339
NECESSITY, FUNCTION AND CONFORMITY:
KRS
309.331(1) requires the
board to promulgate a code of ethics for licensed diabetes educators. This
administrative regulation establishes the required code of ethics.
Section 1. Responsibility to Patients.
(1) A diabetes educator shall:
(a) Provide services with respect for the
uniqueness, dignity, and autonomy of each individual; and
(b) Advance and protect the welfare of the
patient.
(2) A diabetes
educator shall not recommend the use of a specific product or service based
solely on the educator's relationship with the manufacturer of the product or
provider of the service.
Section
2. Confidentiality A diabetes educator shall respect and guard the
confidences of each patient, maintaining all records according to state and
federal law.
(1) A diabetes educator shall not
disclose a patient confidence except:
(a) As
mandated or permitted by law;
(b)
If the diabetes educator is a defendant in a civil, criminal, or disciplinary
action arising from services provided, confidences may be disclosed only in the
course of that action; or
(c) If a
waiver has been obtained in writing, confidential information shall be revealed
only in accordance with the terms of the waiver.
(2) A diabetes educator may use patient or
clinical materials in teaching, writing, and public presentations if:
(a) A written waiver has been obtained in
accordance with subsection (1)(c) of this section; or
(b) Appropriate steps have been taken to
protect patient identity and confidentiality.
Section 3. Professional Competence and
Integrity. A diabetes educator shall maintain standards of professional
competence and integrity and hold himself or herself out in a manner that
demonstrates honesty, integrity, and fairness and shall be subject to
disciplinary action for:
(1) Having been
subject to disciplinary action by another regulatory agency;
(2) Impairment due to mental incapacity or
the abuse of substances which negatively impacts the practice of diabetes
education;
(3) Conviction, as used
in
KRS
309.339, of a felony or a
misdemeanor;
(4) Refusing to comply
with an order or request from the board;
(5) Failure to cooperate with the board by
not:
(a) Furnishing in writing a complete
explanation to a complaint filed with the board; or
(b) Appearing before the board at the time
and place designated; or
(6) Failure to provide the board with new
contact information within thirty (30) business days the changes is
effective.
Section 4.
Supervisor's Responsibility. A supervisor shall not permit an apprentice
diabetes educator under the supervisor's supervision to hold himself or herself
out as competent to perform professional services beyond the apprentice's level
of training, experience, and competence. A supervisor shall promptly notify the
board in writing if an apprentice diabetes educator under the supervisor's
supervision holds himself or herself out as competent to perform professional
services beyond the apprentice's level of training, experience, and
competence.
Section 5. Diabetes
Educator's Responsibility. A diabetes educator shall not represent that he or
she is competent to perform professional services beyond his or her level of
training, experience, and competence.
Section
6. Financial Arrangements.
(1) A
diabetes educator shall make financial arrangements with a patient, apprentice
diabetes educator, or third party payor that are reasonably understandable and
conform to accepted professional practices.
(2) A diabetes educator shall:
(a) Not offer or accept payment for
referrals;
(b) Not charge excessive
fees for services;
(c) Disclose his
or her fees to patients at the beginning of services; and
(d) Represent facts truthfully to patients
and third party payors regarding services rendered.
Section 7. Advertising. A diabetes
educator shall:
(1) Accurately represent his
or her education, training, and experience relevant to the practice of diabetes
education;
(2) Not make false,
fraudulent, misleading, or deceptive claims or any statement intended to or
likely to create an unjustified expectation.
Section 8. Board Member Responsibilities.
(1) A board member shall recuse himself or
herself in matters in which:
(a) The board
member is the supervisor of the apprentice diabetes educator at issue;
and
(b) The board member will be
providing a course in diabetes education pursuant to
KRS
309.335(1)(b) 1.
(2) A board member shall not
receive compensation for providing a board-approved course in diabetes
education pursuant to
KRS
309.335(1)(b) 1. that is
excessive.
STATUTORY AUTHORITY:
KRS
309.331
