North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 48 - PHYSICAL THERAPY EXAMINERS › Subchapter G - RETENTION OF LICENSE › Section .0600 - DISCIPLINARY ACTION › Section 48G .0601 - PROHIBITED ACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Behaviors and
				  activities that may result in disciplinary action by the Board pursuant to
				  G.S.
				  90-270.103(1), (6), (7), (8), and
				  (9) and
				  G.S.
				  90-270.102(4) include the
				  following:
(1) recording false or misleading
				  data, measurements, or notes regarding a patient;
(2) delegating responsibilities to a person
				  when the licensee delegating knows or has reason to know that the competency of
				  that person is impaired by physical or psychological ailments, or by alcohol or
				  other pharmacological agents, prescribed or not;
(3) practicing or offering to practice beyond
				  the scope permitted by law;
(4)
				  accepting and performing professional responsibilities which the licensee knows
				  or has reason to know that he or she is not competent to perform;
(5) performing, without adequate supervision
				  as described in the rules in this Chapter, professional services that the
				  licensee is authorized to perform only under the supervision of a licensed
				  professional, except in an emergency situation where a person's life or health
				  is in danger;
(6) harassing,
				  abusing, inappropriately touching, as defined in Rule 48A .0105(7) of this
				  Chapter or intimidating a patient either physically or verbally;
(7) failure to exercise supervision over
				  persons who are authorized to practice only under the supervision of the
				  licensed professional;
(8)
				  promoting an unnecessary device, treatment intervention, nutritional
				  supplement, product, or service for the financial gain of the practitioner or
				  of a third party as determined by the investigative committee;
(9) offering, giving, soliciting, receiving,
				  or agreeing to receive any fee or other consideration to or from a third party
				  for the referral of a client;
(10)
				  failure to file a report, filing a false report, or failure to respond to an
				  inquiry from the Board within 30 days from the date of issuance, required by
				  the rules in this Subchapter, or impeding or obstructing such filing or
				  inducing another person to do so;
(11) revealing identifiable data, or
				  information obtained in a professional capacity, without prior consent of the
				  patient, except as authorized or required by law;
(12) guaranteeing that a patient will benefit
				  from the performance of professional services;
(13) altering a license or renewal card by
				  changing any information appearing thereon;
(14) using a license or renewal card that has
				  been altered;
(15) permitting or
				  allowing another person to use his or her license or renewal card for the
				  practice of physical therapy;
(16)
				  delegating professional responsibilities to a person when the licensee
				  delegating such responsibilities knows or has reason to know that such a person
				  is not qualified by training, by experience, or by licensure to perform such
				  responsibilities;
(17) violating
				  any term of probation, condition, or limitation imposed on the licensee by the
				  Board;
(18) soliciting or engaging
				  in any activities of a sexual nature, including kissing, fondling, or touching
				  any person while the person is under the care of a physical therapist or
				  physical therapist assistant;
(19)
				  billing or charging for services or treatment not performed;
(20) making treatment recommendations or
				  basing a patient's continued treatment on the extent of third party benefits
				  instead of the patient's condition;
(21) willfully or intentionally communicating
				  false or misleading information regarding a patient;
(22) harassing, abusing, or intimidating any
				  person, either physically or verbally, while engaged in the practice of
				  physical therapy;
(23) using a form
				  of a license or renewal card that was not issued by the Board or is not
				  current;
(24) failing to record
				  patient data within a reasonable period of time following evaluation,
				  assessment, or intervention;
(25)
				  failing to pay the costs of investigation or otherwise to comply with an order
				  of discipline;
(26) failing to
				  maintain legible patient records that contain an evaluation of objective
				  findings, a diagnosis, a plan of care including desired outcomes, the treatment
				  record including all elements of
				  21 NCAC
				  48C .0102(l) or
				  21 NCAC
				  48C .0201(f), a discharge
				  summary or episode of care including the results of the intervention, and
				  sufficient information to identify the patient and the printed name and title
				  of each person making an entry in the patient record;
(27) charging fees not supported by
				  documentation in the patient record;
(28) furnishing false or misleading
				  information on an application for licensure and licensure renewal;
				  and
(29) engaging in
				  misrepresentation or deceit, or exercising undue influence over a patient or
				  former patient for the financial gain of the licensee.