La. Admin. Code tit. 46 § LIV-345

Current through Register Vol. 50, No. 11, November 20, 2024

Section LIV-345 - Unprofessional Conduct [Formerly Section 327]

A. The board shall deem a violation any charge of conduct which fails to conform to the Practice Act, and board rules to carry out the provisions of the Act, and shall take appropriate action where violations are found. The rules of this Chapter complement the board's authority to deny, suspend, revoke or take such other action against a licensee, or Compact Privilege holder as it deems appropriate.

B. As used in R.S. 37:2420(A)(7) of the Practice Act and in these rules, the term unprofessional conduct does not require actual injury to a patient, and includes, but is not limited to, the following:

1. departure from, failure to conform to, or failure to perform on a continuing basis to the minimal standards of acceptable and prevailing physical therapy practice as defined in §123, or the commission of any act contrary to honesty, justice, good morals, patient safety or the best interest of the patient, whether committed in the course of the licensees practice or otherwise, regardless of whether actual injury to a patient results therefrom, including, but not limited to:

a. failure to use sound professional judgment;

b. failing to assess a patients status at every visit;

c. performing or attempting to perform procedures for which the licensee is not qualified by education, experience, licensure, or training;

d. failure to inform and refer the patient or client to an appropriate practitioner, when the licensee becomes aware of findings and/or the need for treatment which are outside the scope of the PTs competence;

e. providing treatment interventions that are not warranted by the patients condition or continuing treatment beyond the point of reasonable benefit to the patient;

f. providing substandard care as a PTA by exceeding the authority to perform components of physical therapy interventions selected by the supervising PT of record or through a deliberate or negligent act or failure to act, whether or not actual injury to any person occurred;

g. causing, or permitting another person to cause, physical or emotional injury to the patient, or depriving the patient of his individual dignity;

h. abandoning a patient without documenting the transfer of care or by inappropriately terminating the patient/practitioner relationship; or

i. providing services as a PTA without the knowledge or supervision of a PT.

2. improperly delegating or supervising-a PT retains responsibility to his patient for the training, delivery and results of physical therapy services rendered to his patient. A PT shall not:

a. delegate professional, physical therapy, or, if applicable, physical therapist assistant responsibilities to a person the PT or PTA knows, or has reason to know, is not qualified by education, training, experience or licensure to perform the function or responsibility involved; or

b. fail to exercise appropriate supervision over a person who is authorized to practice only under PT supervision;

3. failing to create or maintain medical record-a licensee shall create and maintain adequate and legible patient records. In addition, a licensee shall:

a. not falsely create or alter a medical record or destroy a medical record except as authorized by law;

b. upon receipt of proper authorization, and in conformity with R.S. 40:1299.96, make patient medical records in the PT's possession available within a reasonable period of time to the patient, the patient's representative, or another physician or licensed health care provider;

c. make arrangements for patient access to medical records created by the licensee after relocating or closing a physical therapy practice, retiring, or being prohibited from practice by order of the board;

d. make arrangements, or assist another PT practicing in the same group to make arrangements, for access by a patient to his medical records after the PT has left a physical therapy practice, relocated a practice to a new location, closed a practice, or retired;

e. insure proper destruction of medical records by methods approved by state or federal authorities; and

f. not abandon or desert medical records;

4. exercising undue influence-a PT shall exercise his professional judgment in the best interest of his patients. A licensee shall not:

a. place his or her own financial gain over the interest and welfare of a patient in initiation or continuation of physical therapy services that are contraindicated or cannot reasonably result in a beneficial outcome; or

b. exercise influence over a patient in such a manner as to abuse or exploit the physical therapy provider/patient or client relationship for the purpose of securing personal compensation, gratification, gain or benefit of any kind or type, unrelated to the provision of physical therapy services;

5. sexual misconduct-inappropriate sexual or intimate conduct, includes, but is not limited to sexual intimacy, contact, exposure, gratification, abuse, exploitation or other sexual behavior with or in the presence of a patient or any other individual in connection to the licensee's practice of physical therapy regardless of consent by the patient. Such conduct may be verbal, physical, visual, written or electronic, or it may consist of expressions of thoughts, feelings or gestures that are sexual or reasonably may be construed by a patient or other individual as sexual or which may reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or another individual. Sexual misconduct between a licensee and a former patient after termination of the therapist-patient relationship may also constitute unprofessional conduct if the sexual misconduct is a result of the exploitation of trust, knowledge, influence or emotions derived from the professional relationship;

6. disruptive behavior-aberrant behavior, including but not limited to harassment, sexual or otherwise, manifested through personal interaction with employees, co-workers, hospital personnel, health care professionals, patients, family members or others, which interferes with patient care or could reasonably be expected to interfere with the process of delivering quality care or jeopardizing patient safety;

7. conviction of any crime or entry of a plea of guilty or nolo contendere to any criminal charge arising out of or related to the practice of physical therapy or which constitutes behavior which could put the person or property of patients at risk of harm from a treating licensee, or failing to notify the board of the same within seven days of conviction or entry of a plea of guilty or nolo contendere;

8. engaging in conduct which results in an arrest and the initiation of criminal prosecution, even if criminal charges are eventually lessened or dropped, when the conduct leading to the arrest can be verified and constitutes behavior which could put the person or property of patients at risk of harm from a treating licensee;

9. utilizing dry needling techniques in patient treatment without first obtaining appropriate specialized training and education as required by §311

10. making or participating in any communication, advertisement, or solicitation which is false, fraudulent, deceptive, misleading or unfair in violation of board rules, or which contains a false, fraudulent, deceptive, misleading or unfair statement or claim, including, but not limited to:

a. documenting services provided which have not been provided as documented or billing for services which have not been provided;

11. disclosure to a third party not involved in a patient's care, of information or records relating to the physical therapy provider-patient relationship, except when such disclosure is authorized by the patient or when required or permitted by law;

12. practicing or enabling practice by an impaired provider as defined is §123, a licensee shall not:

a. engage in the practice of physical therapy while under the influence of a mood-altering substance that compromises the professional judgment or practice or has the potential to compromise the medical judgment or practice;

b. enable practice by an impaired provider;

c. fail to submit to physical or mental examination or for drug screening or testing at the time and place directed by the executive director following receipt of apparently reliable information or report alleging impairment, pursuant to §351, or as otherwise provided in the rules;

13. failing to timely notify the board of a name change, or change in business or home address, telephone numbers or email addresses as required by R.S. 37:2415.B.

14. allowing another person to use a licensees wall certificate, pocket identification card, license number, national provider identifier, or other official document which identifies the holder as a licensee for any purpose other than to identify himself as the lawful holder of those credentials;

15. failure to notify the board of a felony arrest or arrest related to habitual intemperance as defined in §351, institution of formal criminal charges either by indictment or bill of information, and conviction, including, but not limited to, a guilty plea or a plea of nolo contendere, within seven days of such arrest, criminal charge, or conviction.

C. By implementing the meanings set forth in these rules, the board does not intend to restrict and reserves its authority and right to take action based upon R.S. 37:2405(B)(10), in any instance in which the particular facts and circumstances of a complaint, investigation or adjudication rise to a level of conduct that the board may in its discretion, finds to be unprofessional conduct.

La. Admin. Code tit. 46, § LIV-345

Promulgated by the Department of Health and Hospital, Board of Physical Therapy Examiners, LR 15:389 (May 1989), amended LR 19:208 (February 1993), LR 28:1981 (September 2002), LR 34:1911 (September 2008), amended by the Physical Therapy Board, LR 37:3054 (October 2011), Amended by the Department of Health, Physical Therapy Board, LR 442184 (12/1/2018), Amended by LR 471139 (8/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2420 and Act 535 of 2009.