A licensee shall provide professional services with objectivity and with respect for the unique needs and values of the health care recipient, as follows:
(A) A licensee shall not discriminate on the basis of factors that are irrelevant to the provision of professional services including, but not limited to, race, creed, sex, national origin, age, or medical condition.
(B) Prior to a licensee entering into a contractual relationship with a health care recipient, the licensee shall provide sufficient information to enable the health care recipient to make an informed decision to enter into a contractual relationship. Sufficient information shall include any fees and arrangements for payment which might affect the decision.
(C) A licensee shall not mislead the public and/or colleagues about services and shall not advertise in a misleading manner.
(D) A licensee shall not engage in any activities that seek to meet his or her personal needs at the expense or detriment of the health care recipient.
(E) A licensee shall not receive or give a commission, rebate, or any other form of direct or indirect remuneration or benefit for the referral of patients/clients for professional services.
(F) A licensee shall disclose to health care recipients any financial interest in commercial orthotics, prosthetics, or pedorthics device which the licensee promotes for the purpose of direct or indirect personal gain or profit.
(G) A licensee shall not accept gratuities for any reason including, but not limited to, preferential consideration of the health care recipient.
(H) A licensee shall practice orthotics, prosthetics, or pedorthics in accordance with prevailing professional standards or guidelines and shall not endeavor to extend his/her practice beyond his/her competence and the authority vested in him/her under division (B) of section 4779.02 of the Revised Code.
(I) A licensee shall not carry out a prescribed service that he knows to be harmful to a patient.
(J) A licensee shall only access health care recipient information which is necessary and relevant to his/her function and authority as a orthotics, prosthetics, or pedorthics provider.
(K) When responding to a consumer's, prescriber's or provider's request for orthotic, prosthetic, or pedorthic services, if it is evident from the initial evaluation and a review of patient history and/or chart information that another licensed orthotic, prosthetic, or pedorthic service provider is currently providing services based on the same or similar medical orders, the second provider has a professional duty of care to the consumer and the prescriber to contact the first provider and offer the opportunity to complete or clarify the appropriate provision of services.
(L) Maintenance of consumer care information
(1) A licensee shall maintain consumer care documentation which includes, at minimum:
(a) Medical presentation/history data appropriate to the service provided;
(b) Evaluation and measurement data supporting device choice and recommendation;
(c) All dates of service with narrative progress notes describing presenting problem and service/procedure performed;
(d) Medical orders and therapist notes supporting services provided;
(e) Documentation required by third party payers including assignment of benefits, privacy notices, delivery receipts, financial arrangements, and records reflecting contacts for and provision of follow-up care;
(2) Consumer care data shall be maintained with privacy and security safeguards appropriate to the data retained in file.
(3) The licensee responsible for provision of care should take steps to assure the consumer file data is maintained a minimum of five years from last date of service unless a longer period is required by federal or state law or conditions imposed by any third-party payer.
(M) A license holder, or an applicant for licensure, shall provide a written response within a reasonable period of time not to exceed thirty days to any written inquiry regarding compliance with law or rule received from the board. A licensee or an applicant for licensure may not withhold or refuse to provide copies of any records requested by the board or its representative unless otherwise ordered by a court.
Five Year Review (FYR) Dates: 03/30/2016 and 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 4779.08
Rule Amplifies: 4779.28, 4779.29, 4779.30, 4779.99
Prior Effective Dates: 8/9/02, 11/01/2008, 11/01/2010