Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1325 - ORTHOTICS, PROSTHETICS AND PEDORTHICS PRACTICE ACT › Section 1325.65 - Dishonorable, Unethical or Unprofessional Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section 90(a)(9) of the Act,
			 engaging in dishonorable, unethical or unprofessional conduct in the practice
			 of orthotics, prosthetics, or pedorthics shall include but not be limited to:
1) The promotion of the sale of services and
			 devices in such manner as to exploit the patient or client for the financial
			 gain of the practitioner or of a third party.
2) Directly or indirectly offering, giving,
			 soliciting, or receiving, or agreeing to receive, any fee or other
			 consideration to or from a third party for the referral of a patient or
			 client.
3) Revealing of personally
			 identifiable facts, data or information about a patient or client obtained in a
			 professional capacity without the prior consent of the patient or client,
			 except as authorized or required by law.
4) Providing care or services without an
			 order from a licensed physician or podiatrist.
5) Practicing or offering to practice beyond
			 the scope permitted by law, or accepting and performing professional
			 responsibilities that the licensee knows or has reason to know that he or she
			 is not competent to perform.
6)
			 Delegating professional responsibilities to a person when the licensee
			 delegating such responsibilities knows or has reason to know that the person to
			 whom the responsibilities were delegated is not qualified by training,
			 experience, or licensure to perform them.
7) Failing to exercise appropriate
			 supervision over persons who are authorized to practice only under the
			 supervision of a licensed orthotist, prosthetist, or pedorthist.
8) Overutilizing services by providing
			 excessive evaluation or treatment procedures not warranted by the condition of
			 the patient or by continuing treatment beyond the point of possible
			 benefit.
9) Making gross or
			 deliberate misrepresentations or misleading claims, including but not limited
			 to:
A) professional qualifications;
B) the efficacy or value of the treatments,
			 remedies or devices given or recommended.
10) Gross and willful and continued
			 overcharging for professional services, including filing false statements for
			 collection of fees for which services are not rendered.
11) Failing to maintain a record for each
			 patient that accurately reflects the evaluation and treatment of the
			 patient.
12) Advertising or
			 soliciting for patronage in a manner that is fraudulent or misleading. Examples
			 of advertising or soliciting that are considered fraudulent or misleading shall
			 include, but not be limited to:
A) Advertising
			 by means of testimonials, anecdotal reports of orthotic, prosthetic, or
			 pedorthic practice successes or claims of superior quality of care to entice
			 the public; or
B) Advertising that
			 contains false, fraudulent, deceptive or misleading materials, warranties or
			 guarantees of success, statements that play upon vanities or fears of the
			 public or statements that promote or produce unfair competition.