Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 50 - Licensed Pedorthists › Subchapter 7 - Regulation of Practice › Section 435:50-7-2 - Standards of ethics and professional conduct

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The rules in this
				section on the profession of pedorthics shall be to establish the standards of
				professional conduct and code of ethics required of a licensee.
(b) In the conduct of their professional
				activities the pedorthist shall be bound by the following ethical and
				professional principles.
(1)
Responsibilities to the patient.
(A)
Services.
The pedorthist
				shall provide the initial evaluation and recommendation for pedorthic devices
				in an effective, dignified and efficient manner in accordance with the
				direction of patient's physician.
(B)
Recognition of foot
				problems.
The pedorthist shall assist lay people to recognize foot
				health problems and the need for appropriate medical care only out of a desire
				to protect one who would not otherwise seek or obtain proper medical attention.
				Such assistance should recommend that the patient have a physician diagnose any
				foot pathology.
(C)
Confidential information.
(i) The
				pedorthist shall keep all information relating to a patient's background,
				condition, treatment, management plan or other areas relating to the
				pedorthist-patient relationship confidential unless prior written consent of
				the patient or the patient's legal guardian is received.
(ii) The pedorthist shall keep patient
				information that may be derived as a result of any pedorthist's peer review
				process confidential by all participants unless written permission to release
				the information is obtain from the patient or the patient's legal
				guardian.
(iii) The pedorthist
				shall keep all patient information that is derived in a workplace from a
				working relationship among pedorthists relating to any patient
				confidential.
(iv) The pedorthist
				shall strictly adhere to the confidentiality requirements set forth in the
				subsection unless the release is ordered by a court of law or release is
				necessary to protect the welfare of the patient and/or the community in
				accordance with applicable legal requirements.
(D)
Competency.
(i) The pedorthist shall provide services
				that reflect the best practices in the profession and use best efforts to meet
				the patient's pedorthic requirements.
(ii) Upon accepting an individual for
				pedorthic services, the pedorthist shall assume the responsibility for
				evaluating that individual; planning, implementing and supervising the
				patient's care; reevaluating and changing the pedorthic program; and
				maintaining adequate records of the case, including progress reports.
(iii) The pedorthist shall not fill a
				prescription that is beyond his/her degree of expertise.
(E)
Research.
The pedorthist
				shall ensure that all research projects or studies are done in accordance with
				standards of the American Board for Certification in Orthotics, Prosthetics
				& Pedorthics (ABC) or the Board for Orthotist/Prosthetist Certification
				(BOC).
(F)
Trust and
				honesty.
The pedorthist shall always be truthful and honest in pedorthic
				matters to the patient, physician, Board and the public in general.
(G)
Fees and compensation.
(i) The pedorthist shall not engage in false,
				misleading or deceptive representations in relation to the cost of the services
				undertaken or furnished.
(ii) The
				pedorthist shall not recommend or provide continued pedorthics services to a
				patient when the pedorthist is aware that the services are being recommended or
				provided more frequently than necessary, or that pedorthic service has already
				progressed beyond the point at which further benefit to the patient is
				possible.
(iii) The pedorthist
				shall not submit false or misleading information in requesting reimbursement
				from third-party payers, including Medicare and private insurers.
(H)
Practice
				arrangements.
(i) Except for fees
				earned for services performed for the patient, the pedorthist shall not give or
				receive valuable consideration solely because of referrals.
(ii) Participation in the business,
				partnership, corporation or other entity does not exempt the pedorthist,
				whether employer, partner or stockholder, either individually or collectively,
				from the obligation of complying with this Code of Ethics and the rules of the
				Board.
(iii) The pedorthist shall
				advise the Board of any employer or employee practice that is in contradiction
				with this Code of Ethics.
(I)
Delay in services.
The
				pedorthist shall not accept any prescription when the pedorthist knows or
				believes the pedorthic device cannot be furnished with in a reasonable period
				of time unless the pedorthist has advised the patient in advance the
				approximate length of time it will take to fill the prescription. In such
				instances, the pedorthist must discuss the situation with the patient and
				prescribing health care practitioner.
(J)
Compliance with laws and
				regulations.
The pedorthist shall provide consultation, evaluation,
				treatment, business practices, and preventive care, in accordance with the laws
				and regulations of the State of Oklahoma.
(K)
Consumer protection.
The
				pedorthist shall report to the Board any conduct that appears to be unethical,
				incompetent or illegal. Failure to report any such behavior that is known to
				the pedorthist shall be unethical.
(L)
Maintenance of patient
				records.
The pedorthist shall initiate and maintain appropriate records
				about his/her service with each patient. The pedorthist has the duty to
				maintain patient files in a safe manner and ensure the confidentiality of the
				patient's records.
(M)
Delegation of responsibility.
The pedorthist shall exercise
				adequate supervision over persons to whom the pedorthist has delegated certain
				responsibilities requiring unique skills, knowledge or judgment. The pedorthist
				is responsible for pedorthic care performed by support personnel under his/her
				supervision. The pedorthist is responsible for assuring that adequate
				supervision of support personnel occurs to ensure the patient receives the
				necessary and appropriate care.
(N)
Illegal discrimination.
The pedorthist shall not decline to accept
				a patient on the basis of race, gender, color, religion or national origin or
				on any basis that would constitute illegal discrimination.
(O)
Discontinuing service.
(i) The pedorthist has a duty to inform the
				physician if the patient fails to follow the physician's plan for pedorthic
				treatment or discontinues the physician's plan for pedorthic treatment
				prematurely.
(ii) The pedorthist
				may at his/her discretion discontinue or refuse pedorthic service to any
				patient or customer only if the laws and regulations of the State of Oklahoma
				are not violated.