Alabama Administrative Code › Title 700 - ALABAMA BOARD OF PHYSICAL THERAPY › Chapter 700-X-3 - PROFESSIONAL CONDUCT › Section 700-X-3-.02 - Unbecoming Conduct/Conduct Detrimental To The Best Interest Of The Public Prohibited

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 "Unbecoming Conduct" is defined as incompetent, illegal, unethical,
			 unprofessional, or dishonorable conduct which violates those standards which
			 have become accepted as obligations reasonably necessary for the protection of
			 the public interest and for professional accountability.
(2) Certain Conduct Specifically Prohibited.
			 While the statements of conduct apply universally, the application or
			 interpretations are usually based on specific individual circumstances. The
			 determination as to what constitutes unbecoming conduct shall be solely within
			 the judgment of the Board of Physical Therapy. The Board finds that and
			 declares that unbecoming conduct shall include, but not be limited to, the
			 following either singularly, in part, or in combination:
(a) Practicing with an expired license or
			 privilege.
(b) Willful or grossly
			 negligent failure to comply substantially with provisions of laws, rules or
			 regulations governing the practice of the profession in Alabama or any other
			 state.
(c) Abandoning or neglecting
			 a patient in need of immediate professional care without making reasonable
			 arrangements for the continuation of such care.
(d) Willfully harassing, abusing, or
			 intimidating a patient, co-worker, student, volunteer, or any individual either
			 physically or verbally while practicing physical therapy.
(e) Suggesting to a patient referred by one
			 practitioner that the patient seek the services of another practitioner without
			 first consulting the referring practitioner.
(f) Guaranteeing that satisfaction or a cure
			 will result from the performance of professional services.
(g) Administering excessive tests or
			 treatment; use of treatment procedures or equipment not warranted by the
			 condition of the patient.
(h)
			 Claiming that the quality of services is greater than the quality of services
			 performed by other physical therapists or other physical therapist
			 assistants.
(i) Using the word
			 "doctor" in offering to perform professional services without also indicating
			 the discipline in which the licensee holds a doctorate.
(j) Accepting and undertaking the performance
			 of responsibilities which the licensee or privilege holder knows or has reason
			 to know that he or she is not qualified to perform, or performing without
			 adequate supervision or direction, services which the licensee or privilege
			 holder is authorized to perform only under the supervision or direction of
			 licensed persons or privilege holders.
(k) Delegating responsibilities to a person
			 when the licensee or privilege holder delegating such responsibilities knows or
			 has reason to know that such person is not qualified by education, by
			 experience, by privilege or by licensure to perform them.
(l) Failing to exercise appropriate
			 supervision or direction over persons who are authorized to practice only under
			 the supervision or direction of the licensed or privileged
			 professional.
(m) Failing to
			 maintain appropriate records which accurately reflect the evaluation and
			 treatment for each patient.
(n)
			 Revealing personally identifiable facts, data, or information obtained in a
			 practitioner capacity without the prior consent of the patient or client,
			 except as authorized or required by law.
(o) Failing to make available to a patient,
			 or, upon a patient's request, to another licensed or privileged health care
			 practitioner consistent with that practitioner's authorized scope of practice,
			 copies of reports, tests, records, or evaluations relating to the patient, or
			 failing to complete forms or reports required for the reimbursement of a
			 patient by a third party.
(p)
			 Endorsing equipment, products or services to the patient and the lay public if
			 any remuneration is received in return for such endorsement without notifying
			 the patient or lay person that you would profit from the sale of the equipment,
			 products or services.
(q) Failing
			 to report known incompetent, illegal or unprofessional conduct.
(r) Engaging in sexual misconduct. Sexual
			 misconduct, for the purpose of this section, includes but is not limited to the
			 following:
1. Engaging in or soliciting sexual
			 relationships with a patient currently under your care.
2. Sexually harassing patients under your
			 care.
(s) Charging
			 unreasonable or fraudulent fees for services performed or not
			 performed.
(t) Interfering with or
			 refusing to cooperate in an investigation or disciplinary proceeding conducted
			 by the Board, the Physical Therapy Compact Commission or other any governmental
			 agency where cooperation is required.