Current through Register Vol. 54, No. 44, November 2, 2024
(a) Under section 9.1(f) of the act
(63
P.S. §
1309.1(f)), the
Board may refuse, suspend or revoke the certification of a person who has:
(1) Performed physical therapist assistant
functions outside the scope of activities under §
40.171 (relating to functions of
physical therapist assistants).
(2)
Attempted to obtain or obtained registration by fraud or
misrepresentation.
(3) Committed an
act of gross negligence, or gross incompetence or repeated acts of negligence
or incompetence in the providing of physical therapist assistant
services.
(4) Been convicted of a
felony or of a misdemeanor which relates to the person's suitability for
registration as a physical therapist assistant in a Federal, state, territorial
or foreign court of competent jurisdiction. Conviction as used in this
paragraph includes a finding, or verdict of guilt, an admission of guilt or a
plea of nolo contendere.
(5) Become
addicted to alcohol or hallucinogenic, narcotic or other drugs which tend to
impair judgment or coordination.
(6) Been found guilty of unprofessional
conduct, which includes departure from or failure to conform to the minimal
standards of acceptable and prevailing practice for physical therapist
assistants in which proceeding actual injury to a patient need not be
established.
(7) Been adjudged
mentally incompetent by a court of competent jurisdiction.
(8) Had a certificate, license or
registration to practice as a physical therapist assistant revoked, suspended
or refused or otherwise been subjected to other disciplinary action taken by
another state, territory, country or the District of Columbia.
(9) Made misleading, deceptive, untrue or
fraudulent representations in violation of the act or otherwise in the
rendering of physical therapist assistant services.
(10) Provided services as a physical
therapist assistant under indirect supervision without having a current
certificate of authorization to practice under indirect supervision issued
under §
40.165 (relating to authorization
to provide services as a physical therapist assistant under indirect
supervision).
(11) Provided
services as a physical therapist assistant under indirect supervision other
than as authorized by section
9.1(c) of the act
and §
40.173 (relating to supervision of
physical therapist assistant by licensed physical therapist).
(12) Harassed, abused or intimidated a
patient.
(13) Revealed information
obtained as a result of the therapist-patient relationship to a third party who
is not involved in the patient's care, without the prior written consent of the
patient, except as authorized or required by statute.
(14) Violated a provision of the act or this
chapter that establishes a standard of conduct.
(b) Actions taken by the Board regarding the
refusal, suspension or revocation of a registration are taken subject to the
right of notice, hearing and adjudication, and the right of appeal therefrom
under 2 Pa.C.S. §§ 501-508 and 701-704 (relating to Administrative
Agency Law).
The provisions of this §40.181 amended under
sections 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act
(63
P.S. §§
1303(a),
1304(a), 1306, 1307.2, 1309.1
and 1311(a)); and section 16 of the act of July 4, 2008 (P.L. 293, No.
38).
This section cited in 49 Pa. Code §
40.165 (relating to authorization
to provide services as a physical therapist assistant under indirect
supervision); 49 Pa. Code §
40.166 (relating to temporary
certificate to provide services as a physical therapist assistant); 49 Pa. Code
§
40.191 (relating to renewal of
certification); 49 Pa. Code §
40.192 (relating to continuing
education for certified physical therapist assistant); 49 Pa. Code §
40.302 (relating to procedural
matters); and 49 Pa. Code §
40.304 (relating to disciplinary
action).
