Oregon Administrative Rules › Chapter 848 - OREGON BOARD OF PHYSICAL THERAPY › Division 45 - GROUNDS FOR DISCIPLINE AND SANCTIONS › Section 848-045-0020 - Grounds for Discipline of a Licensee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board may impose a sanction as
			 provided in 848-045-0010(1)  on a licensee for illegal, unethical or
			 unprofessional conduct. As used in this rule, "licensee" means a physical
			 therapist or a physical therapist assistant, a temporary permit holder, a
			 Compact Privilege holder and a person who was a licensee at the time the
			 illegal, unethical or unprofessional conduct occurred regardless of whether the
			 person's license has lapsed.
(2) A
			 licensee commits or engages in illegal, unethical or unprofessional conduct if
			 the licensee:
(a) Fails to disclose requested
			 information, conceals material facts or provides false or materially misleading
			 information on an application or during the application process for a temporary
			 permit, license or renewal, or willfully makes a false statement on an
			 application;
(b) Is disciplined by
			 another Oregon state licensing board or out-of-state licensing board for
			 conduct which if committed in Oregon would be grounds for discipline under this
			 rule;
(c) Fails to disclose an
			 active investigation by an Oregon or out-of-state health licensing authority
			 within 10 working days licensee is first notified of the investigation, subject
			 to the provision of ORS
			 688.160(6)(c).
(d) Is convicted of violating any federal law
			 or state law relating to controlled substances, subject to the provisions of
			 ORS
			 670.280(2);
(e) Is convicted of any crime that is a
			 felony or misdemeanor under the laws of any state or of the United States,
			 subject to the provisions of ORS
			 670.280(2),
			 or fails to notify the Board within 10 working days of a conviction of a
			 misdemeanor, or an arrest for or conviction of a felony;
(f) Commits gross negligence or multiple acts
			 of negligence in practice. The Board may take into account relevant factors and
			 practices, including but not limited to the standard of practice generally and
			 currently followed and accepted by persons licensed to practice physical
			 therapy in this state, the current teachings at accredited physical therapy
			 schools and relevant technical reports published in recognized physical therapy
			 journals in determining the definition of gross negligence;
(g) Practices physical therapy while under
			 the influence of intoxicating liquors or under the influence of a controlled
			 substance;
(h) Has an addiction to
			 or dependency on alcohol, legend drugs or controlled substances which impairs
			 the licensee's ability or competency to practice physical therapy in a manner
			 consistent with the public health and safety;
(i) Violates the provisions of ORS
			 688.010 to
			 688.220 or any
			 administrative rule, or violates or fails to comply with any order of the
			 Board;
(j) Acts in a manner
			 contrary to the APTA Code of Ethics, or engages in any act involving moral
			 turpitude, including, but not limited to fraud, deceit, dishonesty, harassment,
			 violence, or illegal activity, subject to the provisions of ORS
			 670.280(3);
(k) Unnecessarily exposes a patient's body to
			 the view of the therapist or other persons;
(l) Engages in a conversation with a patient
			 that is not necessary for the provision of treatment and that is personally
			 intrusive or otherwise inappropriate;
(m) Commits or engages in any act of sexual
			 misconduct involving a patient, including but not limited to any acts or
			 statements of a sexual nature that do not contribute to appropriate physical
			 therapy treatment;
(n) Engages in
			 any sexual conduct, including dating, with a patient, whether initiated by the
			 patient or the licensee. For purposes of this subsection, "patient" includes
			 any person who has not been discharged from that therapist's care;
(o) Obtains or attempts to obtain any fee by
			 fraud or misrepresentation, or makes a false or fraudulent claim for health
			 care payment as provided in ORS
			 165.690 to
			 165.694;
(p) Engages in exploitation of a patient,
			 which includes but is not limited to the following:
(A) Failure to maintain an appropriate
			 patient/therapist relationship;
(B)
			 Obtaining or attempting to obtain compensation for physical therapy services
			 that were not provided to the patient;
(C) Provides physical therapy services or
			 participates in physical therapy services solely for reasons of personal or
			 institutional financial gain;
(D)
			 Provides physical therapy services under circumstances where there is no
			 benefit to be obtained by the patient from such services;
(E) Accepting, soliciting or borrowing
			 anything of more than nominal value from a patient or a member of the patient's
			 family except for reasonable compensation for physical therapy services
			 provided to the patient. Nominal value shall be determined in the context of
			 the particular relationship and circumstances; or
(F) Influencing a patient or the patient's
			 family to utilize, purchase or rent any equipment or products based on the
			 direct or indirect financial interests of the licensee rather than on the
			 therapeutic value to the patient. A licensee who owns or has a direct financial
			 interest in an equipment or supply company must disclose the interest if the
			 licensee sells or rents the equipment or product or recommends the purchase or
			 rental of the equipment or product to the patient.
(q) Knowingly makes a false entry or false
			 alteration in a patient record;
(r)
			 Engages in deceptive consumer practices, including but not limited to:
(A) Using, disseminating or publishing any
			 advertising matter, promotional literature, testimonial, claim or guarantee
			 that is false, misleading or deceptive;
(B) Practicing under a false, misleading or
			 deceptive name, impersonating another licensee or fraudulently using or
			 permitting the use of a license number in any way;
(C) Making a representation as to the
			 licensee's skill or the efficacy or value of a treatment that the licensee
			 knows or should know is false or misleading; or
(s) Practices physical therapy with a lapsed
			 license;
(t) Employs, aids, abets
			 or permits any unlicensed person or person with a lapsed license to practice
			 physical therapy, or aids or causes another person, directly or indirectly, to
			 violate ORS
			 688.010 to
			 688.240 or OAR 848;
(u) Fails to report in
			 writing to employer that licensee provided physical therapy services while
			 unlicensed or with a lapsed license or fails to provide a copy to the Board of
			 such report;
(v) Fails to cooperate
			 with the Board, which includes but is not limited to the following:
(A) Failure to respond fully and truthfully
			 to a question or request for information from the Board;
(B) Failure to provide information or
			 documents to the Board within the time specified by the Board;
(C) Failure to appear and provide information
			 at an interview requested by the Board;
(D) Failure to timely produce and temporarily
			 surrender custody of an original patient record requested by the Board and
			 which is in the possession or under the control of the licensee, or failure to
			 produce all portions of the patient record requested;
(E) Deceiving or attempting to deceive the
			 Board regarding any matter, including by altering or destroying any record or
			 document; or
(F) Failure to comply
			 with the terms, conditions and recommendations of a Confidential Advisory
			 Letter as issued by the Board;
(w) Interferes with or uses threats or
			 harassment to delay or obstruct any person in providing information or evidence
			 to the Board in any matter, investigation, contested case proceeding or other
			 legal action instituted by the Board;
(x) Discharges an employee based primarily on
			 the employee's attempt to comply or aid in the compliance with Board
			 rules;
(y) Fails to notify the
			 Board of another licensee's conduct which reasonably appears to be illegal,
			 unethical or unprofessional as provided for in ORS
			 688.010 to
			 688.240 or any Board rule. Notice must occur without undue delay, but in no event later
			 than 10 days after the reporting licensee learns of the conduct;
(z) Fails to notify the appropriate licensing
			 board of any conduct by another licensed medical provider when the licensee has
			 reasonable cause to believe that the medical provider has engaged in prohibited
			 or unprofessional conduct. Notice must occur without undue delay, but in no
			 event later than 10 days after the reporting licensee learns of the conduct. As
			 used in this subparagraph, "prohibited conduct" means a criminal act against a
			 patient or a criminal act that creates a risk of harm to a patient and
			 "unprofessional conduct" means conduct unbecoming a medical provider or
			 detrimental to the best interests of the public, including conduct contrary to
			 recognized standards of ethics of the medical provider's profession or conduct
			 that endangers the health, safety or welfare of a patient; or
(aa) Fails to notify the Board of a change in
			 the licensee's name, address, contact telephone number, email address or place
			 of employment or business as required by OAR 848-005-0030.