Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 322 - PRACTICE › Section 322.4 - Practicing in a Manner Detrimental to the Public Health and Welfare

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				deny a license to or discipline an applicant/respondent who is found to be
				practicing in a manner detrimental to the public health and welfare.
(b) Practicing in a manner detrimental to the
				public health and welfare may include, but is not limited to, the following:
(1) failing to document physical therapy
				services, inaccurately recording, falsifying, or altering patient/client
				records;
(2) obtaining or
				attempting to obtain or deliver medications through means of misrepresentation,
				fraud, forgery, deception, and/or subterfuge;
(3) failing to supervise and maintain the
				supervision of supportive personnel, licensed or unlicensed, in compliance with
				the Act and rule requirements;
(4)
				aiding, abetting, authorizing, condoning, or allowing the practice of physical
				therapy by any person not licensed to practice physical therapy;
(5) permitting another person to use an
				individual's physical therapist's or physical therapist assistant's license for
				any purpose;
(6) failing to
				cooperate with the agency by not responding to agency correspondence addressed
				to the license holder's official address within 90 days, by not furnishing
				papers or documents requested or by not responding to subpoenas issued by the
				agency;
(7) failing to complete the
				requirements of an agreed order;
(8) interfering with an investigation or
				disciplinary proceeding by willful misrepresentation of facts before the agency
				or the board, or by the use of threats or harassment against any patient/client
				or witness to prevent them from providing evidence in a disciplinary proceeding
				or any other legal action;
(9)
				engaging in sexual contact with a patient/client as the result of the
				patient/client relationship;
(10)
				practicing or having practiced with an expired temporary or permanent
				license;
(11) failing to conform to
				the minimal standards of acceptable prevailing practice, regardless of whether
				or not actual injury to any person was sustained, including, but not limited
				to:
(A) failing to assess and evaluate a
				patient's/client's status;
(B)
				performing or attempting to perform techniques or procedures or both in which
				the physical therapist or physical therapist assistant is untrained by
				education or experience;
(C)
				delegating physical therapy functions or responsibilities to an individual
				lacking the ability or knowledge to perform the function or responsibility in
				question; or
(D) causing,
				permitting, or allowing physical or emotional injury or impairment of dignity
				or safety to the patient/client;
(12) intentionally or knowingly offering to
				pay or agreeing to accept any remuneration directly or indirectly, overtly or
				covertly, in cash or in kind, to or from any person, firm, association of
				persons, partnership, or corporation for receiving or soliciting patients or
				patronage, regardless of source of reimbursement, unless said business
				arrangement or payments practice is acceptable under
				42 United States Code §
											1320a-7b(b) or its
				regulations;
(13) advertising in a
				manner which is false, misleading, or deceptive;
(14) knowingly falsifying and/or forging a
				referring practitioner's referral for physical therapy;
(15) failing to notify the board of any
				conduct by another licensee which reasonably appears to be a violation of the
				Practice Act and rules, or aids or causes another person, directly or
				indirectly, to violate the Practice Act or rules of the board;
(16) abandoning or neglecting a patient under
				current care without making reasonable arrangements for the continuation of
				such care;
(17) failing to maintain
				the confidentiality of all verbal, written, electronic, augmentative, and
				nonverbal communication, including compliance with HIPAA regulations;
				and
(18) violating the rules of the
				Physical Therapy Licensure Compact if holding a Compact privilege to practice
				in Texas.