Code of Massachusetts Regulations › 261 CMR - BOARD OF RESPIRATORY CARE › Title 261 CMR 3.00 - Documentation of license › Section 3.10 - Professional Standards of Conduct for Licensed Respiratory Therapists

Current through Register 1525, July 5, 2024
For purposes of 261 CMR 3.07,
Respiratory Therapist
means both a Licensed Respiratory Therapist and a person that holds a limited license. The following Standards of Conduct apply to Respiratory Therapists:
(1)
Use of Title
. A Respiratory Therapist shall only identify himself or herself as a Licensed Respiratory Therapist while in possession of a current license.
(2)
Misrepresentation of Credentials
. A Respiratory Therapist shall not misrepresent his or her credentials related to the practice of respiratory care including, but not limited to, education, type of license, professional experience, or any other credential related to his or her work as a Respiratory Therapist.
(3)
Practice under a False or Different Name
. A Respiratory Therapist shall engage in the practice of respiratory care only under the name in which such license has been issued.
(4)
Acts within Scope of Practice
. A Respiratory Therapist shall only perform acts within the scope of practice as defined in M.G.L. c. 112, § 23R and 261 CMR 2.02:
Respiratory Care
. A holder of a limited license shall perform only acts within the scope of practice as restricted in 261 CMR 3.04(2).
(5)
Competency
. A Respiratory Therapist shall only assume those duties and responsibilities within his or her scope of practice and for which he or she has acquired and maintained necessary knowledge, skills, and abilities.
(6)
Responsibility and Accountability
. A Respiratory Therapist shall be responsible and accountable for his or her judgments, actions, and competency in the course of performing his or her duties.
(7)
Documentation
. A Respiratory Therapist shall make complete, accurate, and legible entries in all records required by federal, state and local laws and regulations.
(8)
Falsification of Information
. A Respiratory Therapist shall not knowingly falsify, or attempt to falsify, any documentation or information related to any aspect of license as a Respiratory Therapist, the practice of respiratory care or the delivery of services.
(9)
Alteration or Destruction of Records
. A Respiratory Therapist shall not inappropriately destroy or alter any record related to his or her work.
(10)
Discrimination
. A Respiratory Therapist shall not withhold or deny care or services based on age, ancestry, marital status, sex, sexual orientation, gender identity, race, color, religious creed, national origin, diagnosis, or mental or physical disability.
(11)
Patient Abuse, Neglect, Mistreatment, or Other Harm
. A Respiratory Therapist shall not abuse, neglect, mistreat, or otherwise harm a patient.
(12) I
nfection Control
. A Respiratory Therapist shall not place a patient, himself or herself, or others at undue risk for the transmission of infectious diseases.
(13)
Patient Dignity and Privacy
. A Respiratory Therapist shall safeguard a patient's dignity and right to privacy.
(14)
Patient Confidential Information
. A Respiratory Therapist shall safeguard patient information from any person or entity, not entitled to such information. A Respiratory Therapist shall share appropriate information only as required by law or authorized by the patient for the well-being or protection of the patient.
(15)
Sexual Contact
. A Respiratory Therapist shall not have sexual contact with any patient with whom he or she has a current Respiratory Therapist/patient relationship or with any former patient who may be vulnerable by virtue of disability, age, illness, or cognitive ability.
(16)
Professional Boundaries
. A Respiratory Therapist shall establish and observe professional boundaries with respect to any patient with whom he or she has a current Respiratory Therapist/relationship. A Respiratory Therapist shall continue to observe professional boundaries with his or her former patients who may be vulnerable by virtue of disability, age, illness, or cognitive ability.
(17)
Exercise of Undue Influence
. A Respiratory Therapist shall not exercise undue influence on a patient, including the promotion or sale of services, goods, appliances or drugs, in such a manner as to exploit the patient for financial gain for the benefit of the Respiratory Therapist or a third party.
(18)
Borrowing from Patients
. A Respiratory Therapist shall not borrow money, materials, or other property from any patient.
(19)
Undue Benefit or Gain
. A Respiratory Therapist shall interact with patients without undue benefit or gain to the Respiratory Therapist or a third party.
(20)
Relationship Affecting Professional Judgment
. A Respiratory Therapist shall not initiate or maintain a Respiratory Therapist/patient relationship that is likely to adversely affect the Respiratory Therapist's professional judgment.
(21)
Advertising
. A Respiratory Therapist shall not engage in false, deceptive, or misleading advertising related to respiratory care.
(22)
Fraudulent Practices
. A Respiratory Therapist shall not engage in any fraudulent practice including, but not limited to, billing for services not rendered or submitting false claims for reimbursement.
(23)
Impersonation
. A Respiratory Therapist shall not impersonate another Respiratory Therapist or other health care provider, or knowingly allow or enable another person to impersonate him or her.
(24)
Aiding Unlawful Activity
. A Respiratory Therapist shall not aid any person in performing any act prohibited by law or regulation.
(25)
Circumvention of Law
. A Respiratory Therapist shall not receive from, or offer, give, or promise anything of value or benefit to, any official to circumvent any federal, state and local laws and regulations.
(26)
Practice While Impaired
. A Respiratory Therapist shall not act as a Respiratory Therapist while impaired.
(27)
Unlawful Acquisition and Possession of Controlled Substances
. A Respiratory Therapist shall not unlawfully obtain or possess controlled substances.
(28)
Duty to Report to the Board
. A Respiratory Therapist has a duty to report to the Board if he or she directly observes another Respiratory Therapist or health care professional engaged in any of the following shall report that individual:
(a) abuse a patient;
(b) practice respiratory care while impaired by substance use; or
(c) divert controlled substances.