Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1335 - PERFUSIONIST PRACTICE ACT › Section 1335.100 - Unethical, Unauthorized or Unprofessional Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department may suspend or revoke a
			 license, refuse to issue or renew a license or take other disciplinary action
			 based upon its finding of "unethical, unauthorized, or unprofessional conduct"
			 within the meaning of Section 105(7) of the Act. In determining what
			 constitutes unethical, unauthorized or unprofessional conduct of a character
			 likely to deceive, defraud or harm the public, the Department shall consider
			 whether the questioned activities:
1) Are
			 violative of ethical standards of the profession (such as safeguarding patient
			 confidence and records within the constraints of law; respecting the rights of
			 patients, colleagues and other health professionals; observing laws under the
			 Act; and providing service with compassion and respect for human
			 dignity);
2) Constitute a breach of
			 the perfusionist's responsibility to a patient;
3) Resulted in assumption by the perfusionist
			 of responsibility for delivery of patient care that the perfusionist was not
			 properly qualified or competent to render;
4) Resulted in a delegation of responsibility
			 for delivery of patient care to persons who were not properly supervised or who
			 were not competent to assume such responsibility;
5) Caused actual harm to any member of the
			 public or are reasonably likely to cause harm to any member of the public in
			 the future;
6) Resulted in the
			 individual being convicted of any crime an essential element of which is
			 larceny, embezzlement, obtaining money, property or credit by false pretenses
			 or by means of a confidence game, dishonesty, fraud, misstatement or moral
			 turpitude;
7) Involved
			 misrepresenting as to educational background, training, credentials,
			 competence, or medical staff memberships;
8) Entailed abuse of the perfusionist/patient
			 relationship by taking unfair advantage of a patient's vulnerability;
9) Involved unethical conduct with a patient
			 that resulted in the patient engaging in unwanted personal, financial or sexual
			 relationships with the perfusionist;
10) Involved committing an act or acts, in
			 the practice conducted under the Act, of a flagrant, glaringly obvious nature
			 that constitute conduct of such a distasteful nature that accepted codes of
			 behavior or codes of ethics are breached;
11) Involved committing an act or acts in a
			 relationship with a patient so as to violate common standards of decency or
			 propriety;
12) Involved
			 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;
13) Involved making gross or deliberate
			 misrepresentations or misleading claims as to professional qualifications or of
			 the efficacy or value of the treatments or remedies given or recommended, or
			 those of another practitioner;
14)
			 Involved willfully making or filing a false report or record, willfully failing
			 to file a report or record required by State or federal law, or willfully
			 impeding or obstructing such filing or inducing another person to do so. Such
			 reports or records include only those reports or records that require the
			 signature of a respiratory care practitioner licensed pursuant to this
			 Part;
15) Allowed the opportunity
			 to arise whereby objective evaluations of products and services are compromised
			 by gratutities, gifts, entertainment, consulting engagements, employment
			 status, or any other material or personal gain;
16) Constitute gross negligence. In
			 determining what constitutes gross negligence, the Board shall consider gross
			 negligence to be an act or omission that is evidence of recklessness or
			 carelessness toward or a disregard for the safety or well-being of the patient,
			 and that results in injury to the patient.