Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 40 - STATE BOARD OF PHYSICAL THERAPY › Subchapter A - PHYSICAL THERAPISTS › SCOPE OF PRACTICE › Section 40.52 - Unprofessional conduct; physical therapists

Current through Register Vol. 54, No. 28, July 13, 2024
A physical therapist who engages in unprofessional
						  conduct is subject to disciplinary action under section 11(a)(6) of the act
						  (63
						  P. S. §
													1311(a)(6).
						  Unprofessional conduct includes the following:
(1) Harassing, abusing or intimidating a
						patient.
(2) Revealing information
						obtained as a result of the therapist-patient relationship to a third party who
						is not involved in the patient's care, without the prior written consent of the
						patient, except as authorized or required by statute.
(3) Failing to exercise appropriate
						supervision over a person who is authorized to render services only under the
						supervision of the physical therapist.
(4) Accepting a patient for treatment or
						continuing treatment if benefit cannot reasonably be expected to accrue to the
						patient, or misleading a patient as to the benefits to be derived from physical
						therapy.
(5) Unconditionally
						guaranteeing the results of physical therapy treatment.
(6) Practicing physical therapy while the
						ability to practice is impaired by alcohol, drugs or a physical or mental
						disability.
(7) Charging a patient
						or a third-party payor for a physical therapy service which is not
						performed.
(8) Receiving a fee for
						referring a patient to a third person.
(9) Advertising physical therapy services in
						a false, misleading or deceptive manner.
(10) Assigning or delegating to physical
						therapist assistants or supportive personnel activities prohibited from
						assignment or delegation under §§
												40.32,
						40.53 and
						40.171 (relating to functions of
						supportive personnel; nondelegable activities; accountability; and functions of
						physical therapist assistants).
(11) Violating a provision of the act or this
						chapter which establishes a standard of conduct.
(12) Failure to maintain adequate patient
						records. Adequate patient records include at a minimum sufficient information
						to identify the patient, a summary of the findings of the examination, an
						evaluation, a diagnosis, the plan of care including desired outcomes, and the
						treatment record.
The provisions of this §
														40.52 issued under sections 3, 5
							 and 10 of the Physical Therapy Practice Act (63 P. S. §§
															1303,
							 1305 and
							 1310); amended under sections
							 3(a), 6(d.1), 8(b), 9.1, 9.2 and 11(a)(6) of the Physical Therapy Practice Act
							 (63
							 P. S. §§
															1303(a),
							 1306(d.1), 1308(b), 1309.1,
							 1309.2 and 1311(a)(6)); and section
							 812.1 of The Administrative Code
							 of 1929 (71 P. S. §
															279.3a).
This section cited in 49 Pa. Code §
														40.67 (relating to continuing
							 education for licensed physical therapist); 49 Pa. Code §
														40.69 (relating to professional
							 liability insurance); 49 Pa. Code §
														40.206 (relating to
							 confidentiality-waived); 49 Pa. Code §
														40.302 (relating to procedural
							 matters); and 49 Pa. Code §
														40.304 (relating to disciplinary
							 action).