Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 45 - STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Subchapter C - STANDARDS OF PRACTICE AND CONDUCT › Section 45.103 - Unprofessional conduct

Current through Register Vol. 54, No. 28, July 13, 2024
As used in section 10(5) of the act (63 P.S. §
												1710(5)), the term
						"unprofessional conduct" includes all of the following types of conduct:
(1) Practicing as a speech-language
					 pathologist or an audiologist with a license that has lapsed or that has been
					 suspended or revoked.
(2) Knowingly
					 aiding or abetting a person who is not licensed or exempted from licensure by
					 the act to practice as a speech-language pathologist or an
					 audiologist.
(3) Misrepresenting or
					 concealing a material fact in seeking reinstatement of a license to practice as
					 a speech-language pathologist or an audiologist.
(4) Delegating to a person duties that the
					 speech-language pathologist or an audiologist knows, or has reason to know, the
					 person is not competent or authorized to perform.
(5) Committing an act of gross negligence,
					 gross malpractice or gross incompetence, or repeated acts of negligence,
					 malpractice or incompetence.
(6)
					 Practicing as a speech-language pathologist or an audiologist while unable to
					 do so with reasonable skill and safety because of illness, drunkenness,
					 excessive use of controlled substances, chemicals or other types of materials
					 or as the result of a mental or physical condition.
(7) Withdrawing professional services after a
					 professional relationship has been established without informing the person
					 served of where to obtain necessary and equivalent professional services in a
					 timely manner.
(8) Harassing,
					 abusing or intimidating a person served. Sexual contact, or requests for sexual
					 contact, with a person served is specifically prohibited by this
					 subsection.
(9) Committing an act
					 involving moral turpitude, dishonesty or corruption when the act directly or
					 indirectly affects the health, welfare or safety of citizens of this
					 Commonwealth. If the act constitutes a crime, conviction in a criminal
					 proceeding is not a condition precedent to disciplinary action by the
					 Board.
(10) Failing to provide
					 necessary professional care or products to a person served in a timely manner
					 or to inform the person served of the need for the care.
(11) Revealing personal or professional
					 identifiable facts obtained as a result of a professional relationship without
					 the prior consent of the person served, parent or guardian, except as
					 authorized by a court or required by statute.
(12) Unconditionally guaranteeing the
					 effectiveness of professional services and products rendered.
(13) Advertising professional services and
					 products in a manner which is false, misleading or deceptive.
(14) Accepting compensation from a person
					 being supervised or sponsored, beyond reasonable reimbursement for direct
					 expenses.
(15) Being disciplined by
					 a licensing or disciplinary authority of another state or country or convicted
					 or disciplined by a court of a state or country for an act that would be
					 grounds for disciplinary action under the act or this chapter.
(16) Being convicted of or pleading guilty or
					 nolo contendere to a felony, whether or not an appeal or other proceeding is
					 pending to have the conviction or plea set aside.
(17) Failing to comply with §
											45.101 (relating to preparing,
					 maintaining and retaining records).
(18) Providing services or promoting the sale
					 of devices, appliances or products to a person who cannot reasonably be
					 expected to benefit from them.
(19)
					 Failing to comply with the act.
(20) Failing to comply with an order, rule or
					 regulation issued or adopted by the Board, including its Code of
					 Ethics.
(21) Violating a State or
					 Federal statute or a regulation promulgated thereunder in the
Pennsylvania Code
or the
Code of Federal
					 Regulations
by a State or Federal agency that imposes a standard for
					 practicing as a speech-language pathologist or an audiologist in this
					 Commonwealth. The Board, in reaching a decision as to whether there has been a
					 violation of a statute or regulation, will be guided by adjudications of the
					 agency or court that administers or enforces the standard.
(22) Utilizing neurophysiologic
					 intraoperative monitoring without possessing certification from the
					 Board.
(23) Failing to refer
					 patients who presented with suspected medical conditions beyond the licensee's
					 scope of practice under the act for medical evaluation to an appropriate
					 physician within 30 days.
(24)
					 Failing to follow the Centers for Disease Control and Prevention's 2007
					 Guideline for Isolation Precautions: Preventing Transmission of Infectious
					 Agents in Healthcare Settings.
The provisions of this §
													45.103 amended under sections 5(2)
						  and (7), 7(d)(1), 8(a) and 8.1 of the Speech-Language Pathologists and
						  Audiologists Licensure Act (63 P.S. §§
														1705(2) and
						  (7),
						  1707(d)(1), 1708(a) and
						  1708.1); and section 810(a)(3) and (7) of The Administrative Code of 1929
						  (71
						  P.S. §
														279.1(a)(3) and
						  (7)).
This section cited in 49 Pa. Code §
													45.101 (relating to preparing,
						  maintaining and retaining records); 49 Pa. Code §
													45.102 (relating to Code of
						  Ethics); and 49 Pa. Code §
													45.406 (relating to
						  confidentiality-waived).