Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2255 - Missouri Board for Respiratory Care › Chapter 5 - Code of Ethics and Professional Conduct › Section 20 CSR 2255-5.020 - Professional Conduct

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines what is considered
				  unprofessional conduct for respiratory care practitioners and holders of
				  temporary permits issued by the board.
(1) Professional conduct in the practice of
				respiratory care shall not include:
(A)
				Committing any act which endangers patient health, safety or welfare;
(B) Assisting or enabling the practice of
				respiratory care in noneducational settings by unlicensed persons;
(C) Performance of respiratory care services
				that are unjustified or contraindicated;
(D) Verbal, physical, or sexual abuse of
				patients;
(E) Falsification or
				unauthorized destruction of patient records;
(F) Providing or attempting to provide
				diagnostic or treatment information to patient(s) that is beyond the
				respiratory care practitioner's or permit holder's level of training and
				expertise;
(G) Sexual intimacies
				with a patient, which includes any genital contact of the respiratory care
				practitioner or permit holder with the patient or the patient with the
				respiratory care practitioner or permit holder. This specifically prohibits
				sexual intercourse, sodomy, oral, anal copulation, or both; or any penetration
				of the anal or vaginal opening by any thing;
(H) Kissing the patient with the mouth, lips
				or tongue or the patient kissing the respiratory care practitioner or permit
				holder with the mouth, lips or tongue;
(I) Touching or caressing in an exploitative
				manner by either the respiratory care practitioner, permit holder or the
				patient, of the other person's breasts, genitals or buttocks;
(J) Engagement in any deliberate or repeated
				comments, gestures or physical conduct of a sexual nature that exploits the
				professional relationship with the patient;
(K) Termination of therapeutic relationship
				with a patient for the purpose, expressed or implied, of having a sexual
				relationship with that person;
(L)
				Exposing one's self or encouraging another to expose themselves for the purpose
				of sexual gratification;
(M) Sexual
				harassment of patients or co-workers. Sexual harassment shall include but is
				not limited to-
1. Making unwelcome sexual
				advances;
2. Requesting sexual
				favors; and
3. Verbal or physical
				conduct of a sexual nature;
(N) Failure to follow policies or procedures
				implemented in the practice situation to safeguard patient care;
(O) Failure to exercise appropriate
				supervision over person(s) who are authorized to practice only under the
				supervision of a licensed professional;
(P) Exploitation of a supervisee in any way
				sexually or financially;
(Q)
				Delegation of professional responsibilities to a person not qualified, or not
				appropriately licensed or certified to provide those services, or
				both;
(R) Misrepresentation of
				credentials, training or level of education or the allowance of others to
				misrepresent credentials, training or level of education; and
(S) Use of a controlled substance or
				alcoholic beverage to an extent that impairs one's ability to provide safe
				respiratory care services.