W. Va. Code R. § 18-5-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 18-5-5 - Code of Ethics

5.1. The Code of Ethics forms the second part of the Standards of Ethics. They are directive-specific standards of minimally acceptable professional conduct for all present Licensees, Permittee's and applicants. A license or permit is a method of assuring the medical community and the public that an individual is qualified to practice within the profession. Because the public relies on the Board to issue licenses and permits, it is essential that these individuals and applicants act consistently with this Code of Ethics. The Code of Ethics is intended to promote the protection, safety and comfort of patients. The individuals and applicants engaging in any of the following conduct or activities, or who permit the occurrence of the following conduct or activities with respect to them, have violated the Code of Ethics and could be subject to sanctions. An individual shall not:

5.1.1. Employ fraud or deceit in procuring or attempting to procure, maintain, renew or obtain reinstatement of a license or permit issued by the Board for employment in radiologic technology. This includes altering in any respect any document issued by the Board or any state or federal agency, or by indicating in writing certification or registration with the Board when that is not the case;

5.1.2. Subvert or attempt to subvert the Board's examination process. Conduct that subverts or attempts to subvert the Board's examination process includes, but is not limited to:

5.1.2.a. conduct that violates the security of Board examination materials, such as removing or attempting to remove examination materials from an examination room, or having unauthorized possession of any portion of or information concerning a future, current or previously administered examination of the Board; or disclosing information concerning any portion of a future, current or previously administered examination of the Board; or disclosing what purports to be, or under all circumstances is likely to be understood by the recipient as, any portion of or "inside" information concerning any portion of a future, current or previously administered examination of the Board;

5.1.2.b. conduct that in any way compromises ordinary standards of test administration, such as communicating with another applicant during administration of the examination, copying another applicant's answers, permitting another applicant to copy one's answers, or possessing unauthorized materials; or

5.1.2.c. impersonating a applicant or permitting an impersonator to take the examination on one's own behalf;

5.1.3. Fail to report to the Board that:

5.1.3.a. charges regarding the individual's permit or license to practice medical imaging or radiation therapy technology or any other medical or allied health profession are pending or have been resolved adversely to the individual in any state, territory or country, (including but not limited to, imposed conditions, probation, suspension or revocation); or

5.1.3.b. that the individual has been refused a permit, license or registration certificate to practice medical imaging or radiation therapy technology or any other medical or allied health profession by another state, territory or country;

5.1.4. Fail to perform medical imaging or radiation therapy technology with reasonable skill and safety;

5.1.5. Engage in unprofessional conduct, including, but not limited to:

5.1.5.a. a departure from or failure to conform to applicable federal, state or local governmental rules and regulations regarding medical imaging or radiation therapy technology practice; or, if no rule or regulation exists, to the minimal standards of acceptable and prevailing medical imaging or radiation therapy technology practice;

5.1.5.b. any medical imaging or radiation therapy technology practice that may create unnecessary danger to a patient's life, health or safety; or

5.1.5.c. any practice that is contrary to the ethical conduct appropriate to the profession that results in the termination from employment. Actual injury to a patient or the public need not be established;

5.1.6. Delegate or accept the delegation of a medical imaging or radiation therapy technology function or any other prescribed health care function when the delegation or acceptance could reasonably be expected to create an unnecessary danger to a patient's life, health or safety. Actual injury to a patient need not be established;

5.1.7. Engage in actual or potential inability to practice medical imaging or radiation therapy technology with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals or any other material; or as a result of any mental or physical condition;

5.1.8. Be adjudicated as mentally incompetent, mentally ill, a chemically dependent person, or a person dangerous to the public, by a court of competent jurisdiction;

5.1.9. Engage in any unethical conduct, including, but not limited to, conduct likely to deceive, defraud or harm the public; or demonstrate a willful or careless disregard for the health, welfare or safety of a patient. Actual injury need not be established;

5.1.10. Engage in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient, or engage in sexual exploitation of a patient or former patient. This subsection also applies to any unwanted sexual behavior, verbal or otherwise, that results in the termination of employment. This does not apply to pre-existing consensual relationships;

5.1.11. Reveal a privileged communication from or relating to a former or current patient, except when otherwise required or permitted by law;

5.1.12. Knowingly engage or assist any person to engage in, or otherwise participate in, abusive or fraudulent billing practices, including violations of federal Medicare and Medicaid laws or state medical assistance laws;

5.1.13. Improperly manage patient records, including fail to maintain adequate patient records or to furnish a patient record or report required by law; or make, cause or permit anyone to make false, deceptive or misleading entry in any patient record;

5.1.14. Knowingly aid, assist, advise or allow a person without a current and appropriate state permit or license to engage in the practice of medical imaging or radiation therapy technology, in a jurisdiction which requires a person to have a current and appropriate state permit or license in order to practice medical imaging or radiation therapy technology in that jurisdiction;

5.1.15. Violate a rule adopted by any state board with competent jurisdiction, an order of the board, or state or federal law relating to the practice of medical imaging or radiation therapy technology, or any other medical or allied health professions, or a state or federal narcotics or controlled substance law;

5.1.16. Knowingly provide false or misleading information that is directly related to the care of a former or current patient;

5.1.17. Practice outside the scope of practice authorized by the individual's current state permit or license;

5.1.18. Make a false statement or knowingly providing false information to the Board, or to a national certification organization which is accredited by either the National Commission for Certifying Agencies (NCCA) or by the American National Standards Institute (ANSI), or fail to cooperate with any investigation of the Board's Ethics Committee;

5.1.19. Engage in false, fraudulent, deceptive or misleading communications to any person regarding the individual's education, training, credentials, experience or qualifications, or the status of the individual's state permit or license; or

5.1.20. Know of a violation or a probable violation of any Standard of Ethics by any individual or by a applicant and fail to promptly report it in writing to the Board.

5.2. An individual shall report convictions, criminal proceedings or military court-martials as set forth in this section. The individual shall report:

5.2.1. The conviction of a felony or misdemeanor, if it relates to the practice of medical imaging, and all substance abuse related violations.

5.2.2. A criminal proceeding where a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered, or a criminal proceeding where the individual enters a plea of guilty or nolo contendere.

5.2.3. Military court-martials that involve substance abuse, any sex-related infractions, or patient-related infractions.

W. Va. Code R. § 18-5-5