Ala. Admin. Code r. 746-X-3-.04 - Unprofessional Or Unethical Conduct

(1) A license, registration, or facility accreditation may be denied, revoked, suspended, reprimanded, for which a civil penalty may be imposed, or a probationary period may be imposed for unprofessional or unethical conduct, as defined in subsections (b) and (c) of this section. Other actions which may cause the Board to deny a license or registration include, but are not limited to:
(a) Having surrendered a license to the Board or the licensing authority of another state, territory, or country to avoid disciplinary action or prosecution;
(b) Having a license revoked or suspended, having had other disciplinary action taken against the applicant, or having had the application for a license refused, revoked, or suspended by the Board or the; licensing authority of another state, territory, or country;
(c) Failing to maintain acceptable standards of prosthetics or orthotics practices as set forth by Board rules;
(d) Being unable to practice prosthetics or orthotics with reasonable skill, and safety to patients, due to illness or use of alcohol, drugs, narcotics, chemicals, or other types of material from mental or physical conditions;
(e) Having treated or undertook to treat human ailments by means other than prosthetic and orthotic treatments appropriate to or within the scope permitted by law of the issued license;
(f) Intentionally or negligently failing to supervise and maintain supervision of support personnel, licensed or unlicensed, in compliance with the Act and these Rules;
(g) Providing prosthetic an orthotic services or products in a way that the person knows, or with the exercise of reasonable diligence should know violates the Act or these rules;
(h) Failing to assess and evaluate a patient's status;
(i) Providing or attempting to provide services in which the licensee is untrained by education or experience;
(j) Delegating functions or responsibilities to an individual lacking the ability, knowledge, or license/registration to perform the function or responsibility;
(k) Revealing confidential information concerning a patient or client except where required or allowed by law;
(l) Assaulting or causing physical or emotional injury or impairment of dignity or safety to the patient or client;
(m) Making abusive, harassing, or seductive remarks to a patient, client, or co-worker in the workplace;
(n) Engaging in sexual contact with a patient or client as the result of the patient or client relationship;
(o) Failing to follow generally accepted precautions to infection control standards;
(p) Failing to cooperate with the Board during an investigation of a complaint filed under the provisions set out in Rule 746-X-4 by not furnishing required documentation or responding to a request for information or a subpoena issued by the Board or its authorized representative;
(q) Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by use of threats, retaliation, or harassment against anyone;
(r) Fitting a prosthesis or orthosis without prescription;
(s) Fitting a prosthesis or orthosis inaccurately or modifying the prescription without authorization form the prescribing physician; and
(t) Other unprofessional or unethical conduct.

Authors: Joseph C. Elliott, Glenn Crumpton


Ala. Admin. Code r. 746-X-3-.04
New Rule: Filed August 8, 2003; effective September 12, 2003.

Statutory Authority: Code of Ala. 1975, ยงยง 34-25A-1-14.

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