Oklahoma Administrative Code
Title 435 - State Board of Medical Licensure and Supervision
Chapter 50 - Licensed Pedorthists
Subchapter 7 - Regulation of Practice
Section 435:50-7-2 - Standards of ethics and professional conduct
Universal Citation: OK Admin Code 435:50-7-2
Current through Vol. 42, No. 1, September 16, 2024
(a) Purpose. The rules in this section on the profession of pedorthics shall be to establish the standards of professional conduct and code of ethics required of a licensee.
(b) In the conduct of their professional activities the pedorthist shall be bound by the following ethical and professional principles.
(1)
Responsibilities to the patient.
(A)
Services. The pedorthist
shall provide the initial evaluation and recommendation for pedorthic devices
in an effective, dignified and efficient manner in accordance with the
direction of patient's physician.
(B)
Recognition of foot
problems. The pedorthist shall assist lay people to recognize foot
health problems and the need for appropriate medical care only out of a desire
to protect one who would not otherwise seek or obtain proper medical attention.
Such assistance should recommend that the patient have a physician diagnose any
foot pathology.
(C)
Confidential information.
(i) The
pedorthist shall keep all information relating to a patient's background,
condition, treatment, management plan or other areas relating to the
pedorthist-patient relationship confidential unless prior written consent of
the patient or the patient's legal guardian is received.
(ii) The pedorthist shall keep patient
information that may be derived as a result of any pedorthist's peer review
process confidential by all participants unless written permission to release
the information is obtain from the patient or the patient's legal
guardian.
(iii) The pedorthist
shall keep all patient information that is derived in a workplace from a
working relationship among pedorthists relating to any patient
confidential.
(iv) The pedorthist
shall strictly adhere to the confidentiality requirements set forth in the
subsection unless the release is ordered by a court of law or release is
necessary to protect the welfare of the patient and/or the community in
accordance with applicable legal requirements.
(D)
Competency.
(i) The pedorthist shall provide services
that reflect the best practices in the profession and use best efforts to meet
the patient's pedorthic requirements.
(ii) Upon accepting an individual for
pedorthic services, the pedorthist shall assume the responsibility for
evaluating that individual; planning, implementing and supervising the
patient's care; reevaluating and changing the pedorthic program; and
maintaining adequate records of the case, including progress reports.
(iii) The pedorthist shall not fill a
prescription that is beyond his/her degree of expertise.
(E)
Research. The pedorthist
shall ensure that all research projects or studies are done in accordance with
standards of the American Board for Certification in Orthotics, Prosthetics
& Pedorthics (ABC) or the Board for Orthotist/Prosthetist Certification
(BOC).
(F)
Trust and
honesty. The pedorthist shall always be truthful and honest in pedorthic
matters to the patient, physician, Board and the public in general.
(G)
Fees and compensation.
(i) The pedorthist shall not engage in false,
misleading or deceptive representations in relation to the cost of the services
undertaken or furnished.
(ii) The
pedorthist shall not recommend or provide continued pedorthics services to a
patient when the pedorthist is aware that the services are being recommended or
provided more frequently than necessary, or that pedorthic service has already
progressed beyond the point at which further benefit to the patient is
possible.
(iii) The pedorthist
shall not submit false or misleading information in requesting reimbursement
from third-party payers, including Medicare and private insurers.
(H)
Practice
arrangements.
(i) Except for fees
earned for services performed for the patient, the pedorthist shall not give or
receive valuable consideration solely because of referrals.
(ii) Participation in the business,
partnership, corporation or other entity does not exempt the pedorthist,
whether employer, partner or stockholder, either individually or collectively,
from the obligation of complying with this Code of Ethics and the rules of the
Board.
(iii) The pedorthist shall
advise the Board of any employer or employee practice that is in contradiction
with this Code of Ethics.
(I)
Delay in services. The
pedorthist shall not accept any prescription when the pedorthist knows or
believes the pedorthic device cannot be furnished with in a reasonable period
of time unless the pedorthist has advised the patient in advance the
approximate length of time it will take to fill the prescription. In such
instances, the pedorthist must discuss the situation with the patient and
prescribing health care practitioner.
(J)
Compliance with laws and
regulations. The pedorthist shall provide consultation, evaluation,
treatment, business practices, and preventive care, in accordance with the laws
and regulations of the State of Oklahoma.
(K)
Consumer protection. The
pedorthist shall report to the Board any conduct that appears to be unethical,
incompetent or illegal. Failure to report any such behavior that is known to
the pedorthist shall be unethical.
(L)
Maintenance of patient
records. The pedorthist shall initiate and maintain appropriate records
about his/her service with each patient. The pedorthist has the duty to
maintain patient files in a safe manner and ensure the confidentiality of the
patient's records.
(M)
Delegation of responsibility. The pedorthist shall exercise
adequate supervision over persons to whom the pedorthist has delegated certain
responsibilities requiring unique skills, knowledge or judgment. The pedorthist
is responsible for pedorthic care performed by support personnel under his/her
supervision. The pedorthist is responsible for assuring that adequate
supervision of support personnel occurs to ensure the patient receives the
necessary and appropriate care.
(N)
Illegal discrimination. The pedorthist shall not decline to accept
a patient on the basis of race, gender, color, religion or national origin or
on any basis that would constitute illegal discrimination.
(O)
Discontinuing service.
(i) The pedorthist has a duty to inform the
physician if the patient fails to follow the physician's plan for pedorthic
treatment or discontinues the physician's plan for pedorthic treatment
prematurely.
(ii) The pedorthist
may at his/her discretion discontinue or refuse pedorthic service to any
patient or customer only if the laws and regulations of the State of Oklahoma
are not violated.
(2)
Practitioner responsibilities to
the physician.
(A)
Diagnosis and
prescription. The pedorthist must receive a prescription from a
physician before providing any pedorthic device to a patient.
(B)
Pedorthic evaluation and
recommendation.
(i) The pedorthist
shall recognize that each individual patient is different and deserves specific
and responsible guidance from the pedorthist.
(ii) The pedorthist, after evaluating a
patient, may recommend to the physician specific pedorthic device designs along
with the reasoning for such recommendation.
(iii) The pedorthist has the responsibility
for the final design for the pedorthic device.
(iv) The pedorthist should only dispense
pedorthic devices that are in accordance with the prescription and that meet
the needs of the patient.
(v) The
pedorthist shall be guided at all times by concern for the physical, emotional,
social and economic welfare of the patient.
(C)
Changes in patient's
condition.
(i) When requested by the
patient and/or the patient's physician, the pedorthist shall monitor and
observe the patient's physical condition in connection with the pedorthic care
and the prescribed pedorthic device.
(ii) The pedorthist must notify the referring
physician and the patient as soon as possible of any change in the patient's
condition related to the pedorthic management plan.
(D)
Altering pedorthic devices.
The pedorthist may repair or adjust a pedorthic device without notifying the
prescribing physician. However, such repairs or adjustments must conform to the
original prescription. Any repairs, adjustments, modifications and/or
replacements that alter the original prescription must be authorized by the
physician.
(3)
Responsibilities to colleagues and the profession.
(A)
Dignity and stature.
(i) The pedorthist has the personal
responsibility to conduct his or herself in a manner that will assure the
dignity and stature of the profession of pedorthics.
(ii) The pedorthist should discharge his/her
responsibilities with honor and integrity, making the greatest possible effort
to satisfy the patient's pedorthic requirements.
(iii) Examples of unacceptable behavior
include, but are not limited to, the misuse of the license and
misrepresentation of capacity as a provider of services.
(B)
Commercialization. The
pedorthist primary professional function is to develop the pedorthic device as
part of a medical treatment team. However, the pedorthist is not prohibited
from providing other commercial services, such as furnishing non-therapeutic
footwear, non-therapeutic custom-comfort or prefabricated foot care products,
as long as each patient and the public in general are made aware of the
differences between the pedorthist's professional and commercial
services.
(C)
Solicitation.
(i) It is
unethical for a pedorthist to either directly or indirectly solicit the
patronage of individual patients by way of intimidation, threats, harassing
conduct, undue influence, coercion, duress, or solicitation of a patient who is
apparently in a mental condition that impairs his/her personal judgment to make
decisions concerning the products or services being offered.
(ii) The pedorthist shall abide by current
Medicare or comparable government regulations regarding patient
solicitations.
(D)
Board review. The Advisory Committee on Pedorthics will determine
whether the pedorthist is practicing in accordance with the laws and rules of
the Board. In the event that the Committee determines that there are violations
of these laws or rules, the Committee will refer the matter to the Board who
shall handle the matter as a complaint and proceed in accordance with the
Oklahoma Administrative Procedures Act.
(E)
Education.
(i) The pedorthist is encouraged to support
quality educational programs.
(ii)
It is unethical for the pedorthist to participate in any programs, educational
or otherwise, that falsely or deceptively represent the rights and privileges
of the profession.
(iii) It is
unethical for the pedorthist to falsify his/her continuing education
units.
(iv) A pedorthist shall
teach only in areas of service within his/her credentials.
(F)
Standards of practice. The
pedorthist should adhere to a standard of practice as outlined in the Act and
rules and as guided by the American Board for Certification in Orthotics,
Prosthetics & Pedorthics (ABC) and the Board for Orthotist/Prosthetist
Certification (BOC). The pedorthist can engage in practice beyond the standards
of practice if the pedorthist is directly supervised by a practitioner
certified to perform those services or if the pedorthist holds credentials in
that profession.
(4)
Patient care by other professionals.
(A) The pedorthist should conduct
himself/herself in a professional manner.
(B) Concerns regarding patient care provided
by physicians or other medical professionals should be addressed directly to
the professional rather than to the patient. In the event that such concerns
rise to the level of criminal violation, incompetency, malpractice or a
violation of the Oklahoma law or the rules of the Board, then the pedorthist
must immediately notify the Board or other appropriate regulatory
agency.
(C) It is unethical for a
pedorthist to indulge in action or statements that can be construed by the
patient or another as critical of the patient's case.
(5)
Licensure. The pedorthist
shall use the fact that they are licensed only as evidence of meeting the
requisite standard of knowledge and competency in the profession as defined by
the Board. It is unethical for a non-licensed pedorthist to represent, directly
or indirectly, that he or she is licensed.
Added at 19 Ok Reg 540, eff 12-28-01 (emergency); Added at 19 Ok Reg 2314, eff 6-28-02; Amended at 26 Ok Reg 1083, eff 5-11-09
Disclaimer: These regulations may not be the most recent version. Oklahoma 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.
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