Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 18 - STATE BOARD OF › Subchapter L - PROSTHETISTS, ORTHOTISTS, PEDORTHISTS AND ORTHOTIC FITTERS › REGULATION OF PRACTICE › Section 18.853 - Unprofessional and immoral conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						A licensee under this subchapter is subject to refusal of license or permit or
						disciplinary action under sections 22 and 41 of the act (63 P.S.
						§§
													422.22 and
						422.41). Following a final
						determination subject to the right of notice, hearing and adjudication, and the
						right of appeal therefrom in accordance with
						2
						Pa.C.S. §§
													501-508 and
						701-704 (relating to
						Administrative Agency Law), this chapter and 1 Pa. Code Part II (relating to
						General Rules of Administrative Practice and Procedure), the Board may refuse
						licensure or impose any of the corrective actions in section 42 of the act
						(63
						P.S. §
													422.42).
(b) Unprofessional conduct includes:
(1) Engaging in conduct prohibited under
						§
													16.61(a) or
						§
													16.110 (relating to unprofessional
						and immoral conduct; and sexual misconduct).
(2) Performing an act in a health care
						profession in a fraudulent, incompetent or negligent manner.
(3) Violating a provision of the act or this
						chapter setting a standard of professional conduct.
(4) Engaging in health care practice beyond
						the licensee's authority to practice.
(5) Representing oneself to be a physician or
						other health care practitioner whose profession the licensee is not licensed to
						practice.
(6) Practicing while the
						licensee's ability to do so is impaired by alcohol, drugs, physical disability
						or mental instability.
(7)
						Revealing personally identifiable facts obtained as the result of a
						practitioner-patient relationship without the prior consent of the patient,
						except as authorized or required under statute or regulation.
(8) Misconduct in the practice of the
						licensee's profession or performing tasks fraudulently, incompetently or
						negligently, or by use of methods of treatment which are not in accordance with
						treatment processes accepted by a reasonable segment of the
						profession.
(9) The promotion of
						the sale of services and devices in a manner as to exploit the patient or
						client for the financial gain of the practitioner or a third party.
(10) Directly or indirectly offering, giving,
						soliciting or receiving, or agreeing to receive a fee or other consideration to
						or from a third party for the referral of a patient or client.
(11) Supervising or assigning tasks to
						assistants, technicians or support personnel contrary to §
													18.852 (relating to supervision
						and assistance).
(12)
						Over-utilizing services by providing excessive evaluation or treatment
						procedures not warranted by the condition of the patient or by continuing
						treatment beyond the point of possible benefit.
(13) Making gross misrepresentations,
						deliberate misrepresentations or misleading claims as to:
(i) The licensee's professional
						qualifications.
(ii) The efficacy
						or value of:
(A) The treatments or remedies
						given to a patient by the licensee.
(B) The treatments or remedies recommended to
						a patient by the licensee.
(C) The
						treatments given to a patient by another practitioner.
(D) The recommendations made to a patient by
						another practitioner.
(14) Overcharging for professional services,
						including filing false statements for collection of fees for which services are
						not rendered.
(15) Failing to
						maintain a record for each patient that accurately reflects the evaluation and
						treatment of the patient.
(16)
						Advertising or soliciting for patronage in a manner that is fraudulent or
						misleading. Examples of advertising or soliciting which is considered
						fraudulent or misleading include:
(i)
						Advertising by means of testimonials, anecdotal reports of orthotics,
						prosthetics or pedorthics practice successes, or claims of superior quality of
						care to entice the public.
(ii)
						Advertising which contains false, fraudulent, deceptive or misleading
						materials, warranties or guarantees of success, statements which play upon
						vanities or fears of the public, or statements which promote or produce unfair
						competition.