Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS
Subchapter 24.177.23 - Unprofessional Conduct
Rule 24.177.2301 - UNPROFESSIONAL CONDUCT
Universal Citation: MT Admin Rules 24.177.2301
Current through Register Vol. 6, March 22, 2024
(1) For the purpose of implementing the provisions of 37-11-321, MCA, the board defines immoral or unprofessional conduct, conduct unbecoming a person licensed as a physical therapist or physical therapist assistant, and conduct detrimental to the best interests of the public as follows:
(a) Engaging in or soliciting sexual
relations with a patient, sexual misconduct, sexual exploitation, sexual
contact, or sexual intercourse as defined in
45-2-101,
MCA, when such act or solicitation is related to the practice of physical
therapy;
(b) Incompetence,
negligence, or use of any modality procedure in the practice of the profession,
which creates an unreasonable risk of physical or mental harm to the
patient;
(c) Failing to make
available, upon request of a person using the licensee's services, or his or
her designee, copies of documents in the possession and under the control of
the licensee, when those documents have been prepared by the licensee relating
to his or her services performed on or for the patient;
(d) Any of the following, except when
reasonably undertaken in an emergency situation to protect life, health, or
property:
(i) accepting and performing
physical therapy or physical therapist assistant responsibilities, which the
licensee knows or has reason to know that he or she is not competent to
perform; or
(ii) failing to refer
a patient to a qualified professional when such referral is called
for.
(e) Violating
statutory child abuse and elderly abuse reporting requirements;
(f) Promoting for personal gain of any
unnecessary or inefficacious drug, device, treatment, procedure, or
service;
(g) Over utilizing
services by continuing treatment beyond the point of possible benefit to the
patient, or treating more frequently than necessary to obtain maximum
therapeutic effect;
(h) Offering,
undertaking, or agreeing to cure or treat disease or affliction by a secret
method, procedure, treatment, or medicine, or the treating, operating, or
prescribing for any health condition by a method, means, or procedure which the
licensee refuses to divulge upon demand of the board;
(i) Failing to adequately supervise auxiliary
staff to the extent that the consumer's health or safety is at risk;
(j) Willfully or repeatedly violating rules
established by any health agency or authority of the state or a political
subdivision thereof;
(k)
Fee-splitting and over utilization of services.
AUTH: 37-1-131, 37-1-319, 37-11-201, MCA; IMP: 37-1-316, 37-1-319, 37-11-321, MCA
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