Ala. Admin. Code r. 798-X-7-.03 - Grounds For Discipline Of A Licensee Or Denial Of Renewal Or Reinstatement

The Board may reprimand, fine, probate, suspend, revoke or otherwise discipline any respiratory therapist upon proof that the person:

(1) Is guilty of fraud or deceit in procuring or attempting to procure a license by:

(a) Filing false, forged or altered documents or credentials, including required continuing education documentation.

(b) Misrepresenting or falsifying facts in applying for original licensure, renewal, reactivation, or reinstatement of license.

(c) Having another person appear for a licensing or certification examination.

(2) Has been convicted of a felony offense.

(3) Has been convicted of, or has entered a plea of no contest, nolo contendere, nolo contendre, or has entered a plea of guilt, regardless of court disposition (including adjudication withheld), to a charged criminal act involving moral turpitude or of gross immorality that would tend to bring reproach upon the respiratory therapy profession. Such criminal acts include, but are not limited to, offenses involving drugs, theft, lewdness, sexual misconduct, abuse, violence, fraud, or any other conduct deemed detrimental to the public's health, safety or welfare.

(4) Is impaired due to the use of alcohol, or is addicted to the use of habit-forming drugs to such an extent as to render the respiratory therapist unsafe or unreliable which includes but is not limited to:

(a) Testing positive for alcohol and/or unauthorized drugs.

(b) Misappropriation or diversion of drugs from the workplace.

(c) A pattern of abuse or misuse of habit forming and/or mood-altering drugs or alcohol.

(d) Impairment while on duty due to the use of drugs or alcohol.

(e) Refusal to submit to drug screen for cause.

(f) The use of alcohol or habit forming or mood altering drugs to the extent that medical or psychiatric treatment, rehabilitation, or counseling is medically determined or otherwise recommended by a legally authorized practitioner.

(5) Has been convicted of any violation of a federal or state law relating to controlled substances, including misdemeanor and felony offenses.

(6) Is guilty of unprofessional conduct of a character likely to deceive, defraud, or injure the public in matters pertaining to health, which includes but is not limited to:

(a) Failure to comply with the Alabama Respiratory Therapy Act and rules and regulations as well as federal, state or local laws, rules or regulations applicable to the area of respiratory therapy practice.

(b) Failure to practice respiratory therapy in accordance with the standards of practice adopted by the Board.

(c) Practice beyond the scope of practice as determined by, but not limited to educational preparation; license status; state and federal statutes and regulations; state and national standards appropriate to the type of practice; respiratory therapy experience; standardized procedures; knowledge, skills and ability to manage risks and potential complications; and required instruction and supervision.

(d) Failure to assess and evaluate a patient's status.

(e) Failure to institute respiratory therapy interventions that might be required to stabilize a patient's condition or to prevent complications.

(f) Failure to:

(i) Use appropriate respiratory therapy judgment;

(ii) Administer medications and treatments in a responsible manner; or

(iii) Demonstrate competence in administering or carrying out patient care.

(g) Failure to make entries, destroying or altering entries, charting before assessment or delivery of care, or making false entries in patient, employer, or employee records.

(h) Failure to timely, accurately, legibly, and completely report and document on appropriate records a patient's status, including signs and symptoms, responses, treatments, medications, other respiratory care rendered, communication of pertinent information to other health team members, and unusual occurrences involving the patient.

(i) Assigning patient care in a manner that fails to take into consideration patient safety.

(j) Assigning respiratory therapy functions to others who lack the educational preparation, license, credentials, competence, experience, knowledge, or physical, mental or emotional ability to perform the assigned functions.

(k) Failure to provide adequate supervision, management, or training of individuals to whom respiratory therapy functions or responsibilities are delegated or assigned.

(l) Gross negligence in the practice of respiratory therapy.

(m) Abandoning or neglecting patients. A certified copy of the record of a state or federal agency that substantiated neglect of a patient shall be conclusive evidence of patient neglect.

(n) Failure to safeguard the patient's dignity, right to privacy, and confidential health information.

(o) Intentionally or negligently causing or permitting physical, sexual, emotional, or verbal abuse of a patient, willfully harassing or intimidating a patient. A certified copy of the record of a state or federal agency that substantiated patient abuse shall be conclusive evidence of abuse, harassment, or intimidation of a patient.

(p) Violating professional boundaries of the respiratory therapist-patient relationship which includes but is not limited to:

(i) Sexual or intimate conduct with a patient, patient's immediate family member(s) or significant other(s); or

(ii) Emotional or financial exploitation of the patient or the patient's immediate family member(s) or significant other(s).

(q) Exhibiting unethical or unprofessional conduct or behavior in the workplace.

(r) Engaging in fraud, deceit or misrepresentation in seeking employment, practicing, or seeking to practice that includes but is not limited to:

(i) Alteration of a temporary permit, identification card or license,

(ii) Falsification of credentials,

(iii) Falsification of employment records, and

(iv) Representing oneself as a respiratory therapist without a license. Representation as a respiratory therapist includes using in connection with a person's practice the words "respiratory care professional," "respiratory therapist," "respiratory care practitioner," "certified respiratory care practitioner," "licensed respiratory therapist," "inhalation therapist," or "respiratory therapy technician," or use the letters "R.C.P." or "L.R.T." or use any other words, letters, abbreviations, or insignia implying that the person is a respiratory therapist.

(s) Commission of fraudulent acts in advertising, insurance, or in billing for services, which includes, but is not limited to:

(i) Medicare or other federal government programs,

(ii) Medicaid or other state government programs, and

(iii) Commercial insurance or health plan.

(t) Aiding, abetting, or assisting an individual to violate or circumvent any law or rule intended to guide the conduct of a respiratory therapist or any other licensed health care provider.

(u) Failure to ensure verification of current Alabama licensure and credentials of respiratory therapy personnel for whom the respiratory therapist is administratively responsible.

(v) Personal use of unauthorized or illegal drugs or substances or obtaining, furnishing or administering drugs or controlled substances to any person, except as directed by a legally authorized prescriber.

(w) Appropriating anything of value, use or benefit, including but not limited to:

(i) Any real or personal property of the patient, employer, or any other person or entity; or

(ii) Failing to take precautions to prevent such misappropriation.

(x) Practicing while the mental or physical ability to practice is impaired by any mood-altering drugs or substances or by a physical, mental, or emotional disorder that renders the respiratory therapist unable to perform with reasonable skill and safety.

(y) Failure to report illegal, substandard, unethical, unsafe or incompetent respiratory therapy practices.

(z) Having a license denied, conditionally issued, reprimanded, placed on probation, suspended, revoked, or voluntarily surrendered in another state, territory or country, or having been court-martialed or administratively discharged by a branch of the United States Armed Forces for any act or conduct which would constitute grounds for disciplinary action in this state. A certified copy of the record of the agency that took such action shall be conclusive evidence of the grounds for discipline.

(7) Has failed to respond to official Board correspondence, including but not limited to requests for information, subpoenas, or notices.

(8) Has willfully or repeatedly violated any of the provisions of a statute or rule that includes but is not limited to:

(a) Practicing or seeking to practice respiratory therapy without a current license.

(b) Impersonating an applicant for licensure or another licensed practitioner or permitting or allowing another person to use the respiratory therapy license.

(c) Continued violation of statute or rule after notice by the Board.

(d) Failure to comply with any stipulated terms and conditions of any Board order or contract.

(9) Failed to comply with continuing education requirements.

(10) Submitted payment of any fees or fines to the Board with a worthless check, invalid credit card, or by any other method that is not honored by the financial institution.

(11) Poses a risk to public safety for any other reasons stated by law.

(12) Violates the code of ethics adopted and published by the AARC or its successor organization.

Notes

Ala. Admin. Code r. 798-X-7-.03

New Rule: Filed May 16, 2005; refilled August 10, 2005; effective September 14, 2005. Amended: Filed December 22, 2009; effective January 26, 2010.

Author: The Alabama State Board of Respiratory Therapy

Statutory Authority: Code of Ala. 1975, §§ 34-27B-1 thru 34-27B-17.