A person licensed by the physical therapy section
has a responsibility to report any organization or entity that provides or
holds itself out to deliver physical therapy services that places the license
holder in a position of compromise with this code of ethical conduct.
(A) For the purposes of this rule, the
patient-therapist relationship may extend beyond the established plan of
care.
(B) Ethical integrity.
License holders must use the provisions contained
in paragraphs (B)(1) to (B)(11) of this rule as guidelines for promoting
ethical integrity and professionalism. Failure to comply with paragraphs (B)(1)
to (B)(11) of this rule may be grounds for disciplinary action pursuant to
section 4755.47 of the Revised Code and in accordance with Chapter 119. of the
Revised Code.
(1) A license holder must
respect the rights and dignity of all patients and provide compassionate care
as described in paragraphs (B)(1)(a) and (B)(1)(b) of this rule.
(a) A license holder must recognize individual differences with
patients and must respect and be responsive to those differences.
(b) A license holder must be guided by concern for the physical,
psychosocial, and socioeconomic welfare of patients.
(2) A license holder must
exercise sound judgment, place the best interests of the patient over the
interests of the license holder, and act in a trustworthy manner in all aspects
of physical therapy practice. Regardless of practice setting, the license
holder must maintain the ability to make independent judgments. A license
holder must strive to effect changes that benefit the patient.
(3) A license holder must
only seek compensation that is reasonable for the physical therapy services
delivered. A license holder must never place the license holder's own
financial interests above the welfare of the license holder's patients. A
license holder, regardless of the practice setting, must safeguard the public
from unethical and unlawful business practices.
(4) A license holder must
not intentionally or knowingly offer to pay or agree to accept any
compensation, directly or indirectly, overtly or covertly, in cash or in kind,
to or from any person or entity for receiving or soliciting patients or
patronage, regardless of the source of the compensation.
(5) A license holder must
not influence a patient or the patient's family to utilize, purchase, or
rent any equipment based on the direct or indirect financial interests of the
license holder. Recommendations of equipment must be based solely on the
therapeutic value of that equipment to the patient. A license holder who owns
or has a direct financial interest in an equipment or supply company must
disclose the financial interest to the patient if the license holder sells or
rents, or intends to sell or rent, to the patient.
(6) A license holder must
ensure the patient's rights to participate fully in their care, including
the patient's right to select the physical therapy provider, regardless of
the practice setting.
(7) A license holder must
respect the rights, knowledge, and skills of colleagues and other health care
professionals.
(8) A license holder must
safeguard the public from underutilization or overutilization of physical
therapy services.
(9) A license holder must
provide accurate and relevant information to patients about the patients'
care and to the public about physical therapy services.
(10) A license holder
must report to the physical therapy section any unprofessional, incompetent, or
illegal behavior of a physical therapist or physical therapist assistant of
which the license holder has knowledge.
(11) Where the alleged
violation involves impairment issues and no other provisions of Chapter 4755.
of the Revised Code or rules adopted under it, the reporting license holder may
make a referral to the safe haven program in lieu of making report to the
physicial therapy section.
(C) Ethical conduct.
Ethical conduct includes conforming to the
minimal standards of acceptable and prevailing physical therapy practice based
on current available evidence. Conduct may be considered unethical regardless
of whether or not actual injury to a patient occurred. Failure to comply with
paragraphs (C)(1) to (C)(16) of this rule may be grounds for disciplinary
action pursuant to section 4755.47 of the Revised Code and in accordance with
Chapter 119. of the Revised Code.
(1) A license holder must
adhere to the standards of ethical practice by practicing in a manner that is
moral and honorable. A license holder may be disciplined for violating any
provision contained in division (A) of section 4755.47 of the Revised
Code.
(2) A license holder must
not cheat or assist others in conspiring to cheat on the national physical
therapy examination, the state jurisprudence examination, or the renewal
jurisprudence module.
(3) A person must not
practice physical therapy without a valid license, or without holding student
status, including:
(a) Practicing physical therapy while a person's license is
suspended or revoked.
(b) Practicing physical therapy with an expired license or when
no longer enrolled as a student in an accredited entry level physical therapy
educational program.
(4) A license holder must
obtain informed consent from the patient or legal guardian.
(a) A license holder, unless otherwise allowed by law, must not
provide patient care without disclosing to the patient or the patient's
representative, the benefits, substantial risks, if any, or alternatives to the
recommended examination or intervention.
(b) Information relating to the therapist-patient relationship is
confidential and may not be communicated to a third party not involved in that
patient's care without the prior written consent of the patient or the
patient's representative, or unless otherwise allowed by law. Information
must be disclosed when required by law for the protection of the patient or the
public.
(5) A license holder must
adhere to the minimal standards of acceptable prevailing practice. Failure to
adhere to minimal standards of practice, whether or not actual injury to a
patient occurred, includes, but is not limited to:
(a) Failing to assess and evaluate a patient's
status;
(b) Performing or attempting to perform techniques, procedures,
or both in which the license holder is untrained by education or
experience;
(c) Delegating physical therapy functions or responsibilities to
a person lacking the ability or knowledge to perform the function or
responsibility in question;
(d) Causing, or permitting another person to cause, physical or
emotional injury to the patient, or depriving the patient of the
individual's dignity;
(e) Providing treatment interventions that are not warranted by
the patient's condition or continuing treatment beyond the point of
reasonable benefit to the patient.
(f) Practicing in a pattern of negligent conduct, which means a
continued course of negligent conduct or of negligent conduct in performing the
duties of the profession.
(g) Providing substandard care as a physical therapist assistant
by exceeding the authority to perform components of physical therapy
interventions selected by the supervising physical therapist or through a
deliberate or negligent act or failure to act, whether or not actual injury to
any person occurred.
(h) Abandoning the patient by inappropriately terminating the
patient practitioner relationship.
(i) Documenting or billing for services not actually
provided.
(6) A license holder must
not engage in conduct that constitutes harassment or verbal or physical abuse
of, or unlawful discrimination against, patients, students and/or
colleagues.
(7) A license holder must
not engage in any sexual relationship or conduct, including dating, with any
patient, or engage in any conduct that may reasonably be interpreted by the
patient to be sexual, whether consensual or nonconsensual, while a
therapist-patient relationship exists.
(a) A license holder must not intentionally expose or view a
completely or partially disrobed patient in the course of treatment if the
exposure or viewing is not related to the patient diagnosis or treatment under
current practice standards.
(b) A license holder must not engage in a conversation with a
patient that is sexual in nature and unrelated to the physical therapy plan of
care.
(8) A license holder must
not engage in sexual harassment of patients, students, and/or colleagues.
Sexual harassment includes, but is not limited to, making unwelcome sexual
advances, requesting sexual favors, and engaging in other verbal or physical
conduct of a sexual nature that results in:
(a) Withholding physical therapy services to a
patient;
(b) Creating an intimidating, hostile, or offensive environment;
or
(c) Interfering with the patient's ability to
recover.
(9) A license holder must
not falsify, alter, or destroy patient/client records, medical records, or
billing records without authorization. The license holder must maintain
accurate patient and/or billing records.
(10) A license holder
must not practice physical therapy while the ability to practice is impaired by
alcohol, controlled substances, narcotic drugs, physical disability, mental
disability, or emotional disability. If a license holder's or
applicant's ability to practice is in question, and the license holder or
applicant is not a participant in the board's safe haven program, the
license holder must submit to a physical or mental examination or drug/alcohol
screens as requested by the physical therapy section to determine the
applicant's or license holder's qualifications to practice physical
therapy.
(11) A license holder
must not obtain, attempt to obtain, or deliver medications through means of
misrepresentation, fraud, forgery, deception, and/or subterfuge.
(12) A license holder
must transfer the continuum of care of the patient, as appropriate, to another
health care provider in the event of elective termination of physical therapy
services by the license holder.
(13) A license holder
must not aid, abet, authorize, condone, or allow the practice of physical
therapy by any person not legally authorized to provide services.
(14) A license holder
must not permit another person to use a person's wall certificate, license
number, or national provider identifier, as defined in section 4755.56 of the
Revised Code, for any illegal purpose.
(15) A license holder
must not misrepresent the credential, title, and/or specialty certifications
held by the license holder.
(16) A license holder
providing pro bono service must provide care according to the minimal standards
of acceptable prevailing practice, including documentation, as outlined in
paragraph (C)(5) of this rule.
(D) Cooperation.
In accordance with division (A)(24) of section
4755.47 of the Revised Code, license holders must cooperate with an
investigation by the physical therapy section. Failure to cooperate is conduct
detrimental to the best interest of the public and grounds for disciplinary
action. Cooperation includes responding fully and promptly to any questions
raised by the physical therapy section and providing copies of the medical
records and other documents requested by the physical therapy section. Failure
to comply with paragraphs (D)(1) to (D)(7) of this rule may be grounds for
disciplinary action pursuant to section 4755.47 of the Revised Code and in
accordance with Chapter 119. of the Revised Code.
(1) A license holder must
respond fully and truthfully to a request for information from the physical
therapy section.
(2) A license holder must
comply with a subpoena issued by the physical therapy section.
(3) A license holder must
provide information or document within the time frame specified by the physical
therapy section.
(4) A license holder must
appear and provide information at an interview requested by the physical
therapy section.
(5) A license holder must
not deceive, or attempt to deceive, the physical therapy section regarding any
matter, including by altering or destroying any record or
document.
(6) A license holder must
not interfere with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the agency or the physical therapy section,
or by use of threats or harassment against any patient or witness to prevent
the patient or witness from providing evidence in a disciplinary proceeding or
any other legal action.
(7) A license holder must
not refuse to provide testimony in an administrative hearing.