A licensee and a permit holder 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 or permit holder 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 or permit holder
entering into a contractual relationship with a health care recipient, the
licensee or permit holder 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 or permit holder shall not
mislead the public and colleagues about services and shall not advertise in a
misleading manner.
(D) A licensee
or permit holder shall not engage in any activities that seek to meet their
personal needs at the expense or detriment of the health care
recipient.
(E) A licensee or permit
holder shall not leave an assignment without being properly relieved by
appropriate personnel.
(F) A
licensee or permit holder shall not receive or give a commission or rebate or
any other form of direct or indirect remuneration or benefit for the referral
of patients/clients for professional services.
(G) A licensee or permit holder shall
disclose to health care recipients any interest in commercial respiratory care
enterprises which the licensee promotes for the purpose of direct or indirect
personal gain or profit.
(H) A
licensee or permit holder shall not accept gratuities for any reason including
but not limited to preferential consideration of the health care
recipient.
(I) A licensee or permit
holder shall practice respiratory care within the scope of respiratory care as
set forth in division (A) of section
4761.01 of the Revised Code and
in accordance with acceptable and 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
4761.01 of the Revised Code.
(1) The board may determine
adherence to acceptable and prevailing professional standards and guidelines
for respiratory care practice by using:
(a) Current respiratory care
literature recognized by the board;
(b) Position statements, standards
of practice, or guidelines for respiratory care written by the board or other
recognized national respiratory care professional
organizations;
(c) Board member
expertise;
(d) An expert
witness;
(J) A
licensee shall not employ, direct, or supervise a person who is not authorized
to practice respiratory care under this chapter in the performance of
respiratory care procedures.
(K) A
licensee or permit holder shall cooperate to the extent permitted by law with
other licensed health care professionals responsible for providing care to
cardiopulmonary patients, including:
(1)
Consulting with appropriate licensed practitioners responsible for prescribing
therapy, treatment, or diagnostic services;
(2) Notifying other care givers and the
prescribing practitioner when a prescribed therapy, treatment, or diagnostic
service is not administered due to reasons contained in paragraph (L) of this
rule;
(3) Recommending to other
care givers and the prescribing practitioner when prescribed therapy,
treatment, or diagnostic service needs to be altered to obtain optimal patient
care.
(L) A licensee or
permit holder shall not implement an order that the respiratory care
professional or limited permit holder believes or should have reason to believe
is:
(1) Inaccurate;
(2) Not properly authorized;
(3) Harmful, or potentially harmful to a
health care recipient; or
(4)
Contraindicated by other documented information.
(M) A licensee or permit holder shall
disclose health care recipient information only with other health care
professionals responsible for providing care to the health care recipient with
whom the licensee or permit holder is responsible. At all other times, a
licensee or permit holder shall hold as confidential all patient information
which the licensee or permit holder has knowledge.
(N) A licensee or permit holder shall access
only health care recipient information which is necessary and relevant to their
function and authority as a respiratory care provider.
(O) A licensee or limited permit holder shall
not falsify any health care recipient record or any other document prepared or
utilized in the course of treating or rendering respiratory care.
(P) A licensee or limited permit holder shall
not engage in fraudulent billing for respiratory therapy or
treatment.
(Q) A licensee or permit
holder shall not engage in behavior that may cause physical, verbal, mental, or
emotional abuse to a health care recipient.
(R) A licensee or permit holder shall not
engage in behavior that may be reasonably interpreted as physical, verbal,
mental, or emotional abuse to a health care recipient.
(S) A licensee or permit holder
shall not:
(1) Engage in sexual conduct with a
health care recipient under their care;
(2) Engage in conduct in the course
of practice that may be reasonably interpreted as sexual
conduct;
(3) Engage in verbal behavior in the
course of practice that is seductive, or sexually demeaning to a health care
recipient.