W. Va. Code R. § 30-4-5

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

Section 30-4-5 - Professional Misconduct

5.1. Pursuant to W. Va. Code '30-34-13, the Board may take disciplinary action against an applicant or licensee upon proof that the individual is guilty of dishonest or unethical conduct as determined by the Board. The Board determines that the following conduct, if proven by a preponderance of evidence, constitutes professional misconduct subject to disciplinary action pursuant to W. Va. Code '30-34-13 et seq.:

5.1.1. Failing to adhere to common and current standards for a Respiratory Therapist=s practice, including but not limited to standards established by a national respiratory care organization, respiratory care research, respiratory care education, or the Board;

5.1.2. Failing to adhere to established standards in the practice setting to safeguard patient care;

5.1.3. Knowingly committing an act which could adversely affect the knowing physical or psychological welfare of a patient;

5.1.4. Abandoning patients by terminating responsibility for respiratory care, intervention, or observation, without properly notifying appropriate personnel and ensuring the safety of the patients;

5.1.5. Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities that the Respiratory Therapist knows or has reason to know that he or she is not licensed, qualified or competent to perform;

5.1.6. Impersonating another licensed practitioner;

5.1.7. Falsifying a licensee=s license for any purpose;

5.1.8. Permitting, aiding, or abetting an unlicensed person to perform activities requiring a license;

5.1.9. Practicing as a Respiratory Therapist when that person=s license is suspended, lapsed, or inactive;

5.1.10. Delegating professional responsibilities to a person the Respiratory Therapist knows or has reason to know that the person is not qualified by training, experience, demonstrated competency, or licensed to perform;

5.1.11. Failing to comply with terms and conditions as imposed by the Board, based upon disciplinary action;

5.1.12. Practicing as a Respiratory Therapist while the ability to safely and effectively practice, is compromised by alcohol and drugs;

5.1.13. Practicing as a Respiratory Therapist while the ability to safely and effectively practice, is compromised by physical and mental disability;

5.1.14. Refusing of failing to report for a physical or mental examination including, but not limited to, laboratory or other tests as required by the Board.

5.1.15. Providing false or incorrect information to an employer regarding the status of a license or failing to inform an employer of a change in the status of a license;

5.1.16. Knowingly falsifying an application for employment;

5.1.17. Knowingly provide false information regarding completion of educational programs;

5.1.18. Falsifying patient records or intentionally charting incorrectly;

5.1.19. Falsifying credentials;

5.1.20. Improperly, incompletely, or illegibly documenting the delivery of patient care including, but not limited to treatment or medicine;

5.1.21. Knowingly making of filing a false report;

5.1.22. Willfully impeding or obstructing the filing of a report required by state or federal law; or

5.1.23. Failing to report to the Board of Respiratory Care any action or activity that is in violation of W. Va. Code '30-34-1 et seq., or rules governing the practice of respiratory care.

W. Va. Code R. § 30-4-5