Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 42 - Permit to Operate Ionizing Radiation Producing Machines or Administer Radioactive Materials › Rule 641-42.22 - Rules of Conduct, Self-reporting Requirements, and Enforcement Actions for All Permit Holders or Applicants

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Rules of conduct.
These
			 are mandatory standards of minimally acceptable professional conduct intended
			 to promote the protection, safety, and comfort of patients. Any individual who
			 fails to meet or allows any other individual to fail to meet the following
			 standards may be subject to enforcement actions as outlined in subrule
			 42.22(3). The following shall be grounds for disciplinary action:
a. Failing to perform with reasonable skill
			 and safety all procedures accepted under this chapter's educational guidelines
			 and allowed under the individual's permit.
b. Operating as a permitted individual
			 without meeting the applicable requirements of this chapter.
This includes performing procedures not allowed under the
				individual's current permit.
c. Failing to report immediately to the
			 department any individual who may be operating as a permit holder and who does
			 not meet the requirements of this chapter.
d. Engaging in any practice that results in
			 unnecessary danger to a patient's life, health, or safety. This includes
			 delegating or accepting the delegation of any function when the delegation or
			 acceptance could cause unnecessary danger.
e. Engaging in any action that the department
			 determines may jeopardize the health and safety of the public, other staff or
			 the permit holder. These actions shall include but not be limited to:
(1) A misdemeanor or felony which may impair
			 or limit the individual's ability to perform the duties authorized by the
			 individual's permit.
(2) Any
			 disciplinary action brought against the individual in connection with a
			 certificate or license issued from a certifying or licensing entity.
(3) Being found guilty of incompetence or
			 negligence during the individual's performance as a permit holder.
f. Failing to conform to
			 applicable state and federal statutes and rules. This includes any action that
			 might place a facility in noncompliance with Iowa statutes and rules.
g. Practicing when there is an actual or
			 potential inability to perform with reasonable skill and safety due to illness,
			 use of alcohol, drugs, chemicals, or any other material, or as the result of
			 any mental or physical condition.
h. Engaging in any unethical conduct or
			 conduct likely to deceive, defraud, or harm the public; or demonstrating a
			 willful or careless disregard for the health, welfare, or safety of a
			 patient.
i. Revealing privileged
			 communication from or relating to former or current patients except as
			 permitted by law.
j. Improperly
			 managing patient records, including failing to maintain adequate records,
			 failing to furnish records, or making, causing, or allowing anyone to make a
			 false, deceptive, or misleading entry into a patient record.
k. Providing false or misleading information
			 that is directly related to the care of a former or current patient.
l. Interpreting or rendering a diagnosis for
			 a physician based on a diagnostic image or prescribing medications or
			 therapies.
m. Failing to
			 immediately report to a supervisor information concerning an error made in
			 connection with imaging, treating, or caring for a patient. This includes any
			 departure from the normal standard of care and behavior that is
			 negligent.
n. Employing fraud or
			 deceit to obtain, attempt to obtain or renew a permit under this chapter or in
			 connection with a certification or license issued from a certifying or
			 licensing entity. This includes altering documents, failing to provide complete
			 and accurate responses or information, indicating falsely in writing that a
			 permit is valid when that is not the case, or any form of examination
			 subversion.
o. Failure to provide
			 truthful, accurate, unaltered, or nondeceptive information related to
			 continuing education activities to the department or a record keeper.
p. Assisting others to provide false,
			 inaccurate, altered, or deceptive information related to continuing education
			 to this department or a record keeper. This includes sharing answers, providing
			 or using false certificates of participation, or verifying continuing education
			 hours that have not been earned.
q.
			 Failure to pay all fees or costs required to meet the requirements of this
			 chapter. Penalties for working without a current permit will be considered on a
			 case-by-case basis.
r. Failure to
			 respond to an audit request or failure to provide proper
			 documentation.
s. Submitting false
			 information to a facility that might place the facility in noncompliance with
			 any federal or state statutes or laws.
t. Engaging in any conduct that subverts or
			 attempts to subvert a department investigation.
u. Failure to comply with a subpoena issued
			 by the department or failure to cooperate with an investigation by the
			 department.
v. Failure to comply
			 with the terms of a department order or the terms of a settlement agreement or
			 consent order.
w. Sexual harassment
			 of a patient, student or supervisee. Sexual harassment includes sexual
			 advances, sexual solicitation, requests for sexual favors, and other verbal and
			 physical conduct of a sexual nature.
x. Violating a statute of this state, another
			 state, or the United States, without regard to its designation as either a
			 felony or misdemeanor, including but not limited to a crime involving
			 dishonesty, fraud, theft, embezzlement, controlled substances, substance abuse,
			 assault, sexual abuse, sexual misconduct, or homicide. A copy of the record of
			 conviction or plea of guilty is conclusive evidence of the violation.
y. Having a permit, license or certification
			 related to the classification of the permit issued to the individual suspended
			 or revoked or having other disciplinary action taken by a licensing or
			 certifying authority of this state or another state, territory or country. A
			 copy of the record or order of suspension, revocation, or disciplinary action
			 is conclusive or prima facie evidence.
z. Failure to respond within 30 days of
			 receipt of communication from the department.