Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
393 - BOARD OF EXAMINERS IN PHYSICAL THERAPY
Chapter 5 - ENFORCEMENT AND DISCIPLINARY PROCEDURES
Section 393-5-3 - Clarification of Terms

Universal Citation: 02 ME Code Rules ยง 393-5-3

Current through 2024-38, September 18, 2024

A. Fraud or Deceit

1. The practice of fraud or deceit in obtaining a license includes, but is not limited to:
a. falsification or misrepresentation of education or experience of an applicant or licensee;

b. falsification or misrepresentation of a recommendation from a consultant or peer;

c. cheating on a licensure examination;

d. intentionally withholding or misrepresenting any information requested on an application, including any information regarding criminal or disciplinary action taken by any jurisdiction against an applicant; or

e. impersonating another applicant.

2. The practice of fraud or deceit in connection with services rendered as a physical therapist or physical therapist assistant includes, but is not limited to:
a. intentionally practicing or attempting to practice, or aiding another to practice, beyond the scope of the license held;

b. intentionally misrepresenting the type or status of license held or qualifications to practice;

c. committing or aiding another to commit fraud, deceit or corruption in billing, payment or insurance reimbursement procedures;

d. intentionally engaging in false, misleading or deceptive advertising; or

e. impersonating another licensee.

B. Aiding or abetting unlicensed practice

Aiding or abetting a person not duly licensed to represent him/herself as a licensed physical therapist or physical therapist assistant includes, but is not limited to:

1. assisting another to practice physical therapy beyond the scope of his/her license or without a license;

2. knowingly supervising or providing consultation to an unlicensed person representing him/herself as licensed or to a licensed person practicing beyond the scope of his or her license; or

3. knowingly making referrals to an unlicensed person representing him/herself as licensed or to a licensed person practicing beyond the scope of his license.

C. Gross negligence, incompetency or misconduct.

Gross negligence, incompetency or misconduct in the practice of physical therapy includes, but is not limited to:

1. intentionally or recklessly causing physical or emotional harm to a client or patient;

2. failing to maintain the confidentiality of client or patient information, except as otherwise required by law;

3. practicing physical therapy when physical or mental ability to practice is impaired by alcohol or drugs;

4. practicing physical therapy when physical or mental ability to practice is impaired by physical, psychological or mental impediment;

5. engaging in conduct which violates the Code of Ethics as described in Chapter 6 of the board's rules;

6. negligently failing to provide adequate supervision of a physical therapy aide by a physical therapist assistant with supervisory responsibility over that aide;

7. practicing or attempting to practice beyond the scope of license held;

8. advertising in a manner which is false, misleading or deceptive;

9. paying, accepting or soliciting any payment or consideration for the referral of a client or patient;

10. falsifying or inaccurately recording client or patient records;

11. exercising undue influence on the client or patient, including the promotion for sale of goods, services or drugs, so as to exploit the client or patient for the financial gain of the physical therapist or physical therapist assistant;

12. failure to report incidents of child or adult abuse or neglect as mandated by state law;

13. engaging in conduct which evidences a lack of knowledge or ability to apply principles or skills to carry out the practice of physical therapy; or

14. subject to the limitations of 5 MRSA chapter 341, conviction of a crime which involves dishonesty or false statement or which relates directly to the practice of physical therapy.

D. Sexual Misconduct

Sexual misconduct in the practice of physical therapy is behavior that exploits the physical therapist's or physical therapist assistant's relationship with a client or patient in a sexual way. This behavior is nondiagnostic and/or nontherapeutic, may be verbal or physical, and may include expressions or gestures that have a sexual connotation or that a reasonable person would construe as such. Sexual misconduct is considered incompetence and misconduct as defined in 32 MRSA section3117-A.

There are two levels of sexual misconduct: sexual violation and sexual impropriety. Behavior listed in either level may constitute grounds for disciplinary action.

1. "Sexual violation" is any conduct by a physical therapist or physical therapist assistant with a patient that is sexual or may be reasonably interpreted as sexual, even when initiated by or consented to by a patient, including but not limited to:
a. Sexual intercourse, genital to genital contact;

b. Oral to genital contact;

c. Oral to anal contact or genital to anal contact;

d. Kissing in a sexual manner (e.g. french kissing);

e. Any touching of a body part for any purpose other than appropriate examination, treatment, or comfort, or where the patient has refused or has withdrawn consent;

f. Encouraging the patient to masturbate in the presence of the physical therapist or physical therapist assistant or masturbation by the physical therapist or physical therapist assistant while the patient is present; and

g. Offering to provide practice - related services, such as drugs, in exchange for sexual favors.

2. "Sexual impropriety" is behavior, gestures, or expressions by the physical therapist or physical therapist assistant that are seductive, sexually suggestive, or sexually demeaning to a patient, including but not limited to:
a. Kissing;

b. Disrobing, draping practices or touching of the patient's clothing that reflect a lack of respect for the patient's privacy; deliberately watching a patient dress or undress, instead of providing privacy for disrobing;

c. Subjecting a patient to an examination in the presence of another, when the physical therapist or physical therapist assistant has not obtained the verbal or written consent of the patient or when consent has been withdrawn;

d. Examination or touching of genitals without the use of gloves;

e. Inappropriate comments about or to the patient, including but not limited to, making sexual comments about a patient's body or underclothing, making sexualized or sexually demeaning comments to a patient, criticizing the patient's sexual orientation (homosexual, heterosexual, or bisexual), making comments about potential sexual performance during an examination or consultation (except when the examination or consultation is pertinent to the issue of sexual function or dysfunction), requesting details of sexual history or sexual likes or dislikes when not clinically indicated;

f. Using the physical therapist-patient or physical therapist assistant-patient relationship to solicit a date or initiate romantic relationships;

g. Initiation by the physical therapist or physical therapist assistant of conversation regarding the sexual problems, preferences, or fantasies of the physical therapist or physical therapist assistant; and

h. Examining the patient without verbal or written consent.

All circumstances will be considered in determining whether sexual impropriety has occurred. If the board finds that a licensee has engaged in sexual misconduct as defined in chapter 6, section D of these rules, the licensee shall be disciplined in accordance with the board's laws and rules.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.