A physical therapist who engages in unprofessional
conduct is subject to disciplinary action under section 11(a)(6) of the act
(63
P. S. §
1311(a)(6).
Unprofessional conduct includes the following:
(1) Harassing, abusing or intimidating a
patient.
(2) Revealing information
obtained as a result of the therapist-patient relationship to a third party who
is not involved in the patient's care, without the prior written consent of the
patient, except as authorized or required by statute.
(3) Failing to exercise appropriate
supervision over a person who is authorized to render services only under the
supervision of the physical therapist.
(4) Accepting a patient for treatment or
continuing treatment if benefit cannot reasonably be expected to accrue to the
patient, or misleading a patient as to the benefits to be derived from physical
therapy.
(5) Unconditionally
guaranteeing the results of physical therapy treatment.
(6) Practicing physical therapy while the
ability to practice is impaired by alcohol, drugs or a physical or mental
disability.
(7) Charging a patient
or a third-party payor for a physical therapy service which is not
performed.
(8) Receiving a fee for
referring a patient to a third person.
(9) Advertising physical therapy services in
a false, misleading or deceptive manner.
(10) Assigning or delegating to physical
therapist assistants or supportive personnel activities prohibited from
assignment or delegation under §§
40.32,
40.53 and
40.171 (relating to functions of
supportive personnel; nondelegable activities; accountability; and functions of
physical therapist assistants).
(11) Violating a provision of the act or this
chapter which establishes a standard of conduct.
(12) Failure to maintain adequate patient
records. Adequate patient records include at a minimum sufficient information
to identify the patient, a summary of the findings of the examination, an
evaluation, a diagnosis, the plan of care including desired outcomes, and the
treatment record.
Notes
The
provisions of this § 40.52 adopted October 4, 1985, effective
10/5/1985, 15 Pa.B. 3513;
amended July 24, 1992, effective 7/25/1992, 22 Pa.B. 3872; amended August 27,
2004, effective 8/28/2004, 34
Pa.B. 4697.
The provisions of this § 40.52 issued under
sections 3, 5 and 10 of the Physical Therapy Practice Act (63 P. S.
§§
1303,
1305 and
1310); amended under sections
3(a), 6(d.1), 8(b), 9.1, 9.2 and 11(a)(6) of the Physical Therapy Practice Act
(63
P. S. §§
1303(a),
1306(d.1), 1308(b), 1309.1,
1309.2 and 1311(a)(6)); and section 812.1 of The Administrative Code of 1929
(71
P. S. §
279.3a).
This section cited in 49 Pa. Code §
40.67 (relating to continuing
education for licensed physical therapist); 49 Pa. Code §
40.69 (relating to professional
liability insurance); 49 Pa. Code §
40.206 (relating to
confidentiality-waived); 49 Pa. Code §
40.302 (relating to procedural
matters); and 49 Pa. Code §
40.304 (relating to disciplinary
action).
