West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-05 - Standard Of Ethics › Section 18-5-5 - Code of Ethics

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Code of Ethics forms the second part of the Standards of Ethics. They are
				directive-specific standards of minimally acceptable professional conduct for
				all present Licensees, Permittee's and applicants. A license or permit is a
				method of assuring the medical community and the public that an individual is
				qualified to practice within the profession. Because the public relies on the
				Board to issue licenses and permits, it is essential that these individuals and
				applicants act consistently with this Code of Ethics. The Code of Ethics is
				intended to promote the protection, safety and comfort of patients. The
				individuals and applicants engaging in any of the following conduct or
				activities, or who permit the occurrence of the following conduct or activities
				with respect to them, have violated the Code of Ethics and could be subject to
				sanctions. An individual shall not:
5.1.1.
				Employ fraud or deceit in procuring or attempting to procure, maintain, renew
				or obtain reinstatement of a license or permit issued by the Board for
				employment in radiologic technology. This includes altering in any respect any
				document issued by the Board or any state or federal agency, or by indicating
				in writing certification or registration with the Board when that is not the
				case;
5.1.2. Subvert or attempt to
				subvert the Board's examination process. Conduct that subverts or attempts to
				subvert the Board's examination process includes, but is not limited to:
5.1.2.a. conduct that violates the security
				of Board examination materials, such as removing or attempting to remove
				examination materials from an examination room, or having unauthorized
				possession of any portion of or information concerning a future, current or
				previously administered examination of the Board; or disclosing information
				concerning any portion of a future, current or previously administered
				examination of the Board; or disclosing what purports to be, or under all
				circumstances is likely to be understood by the recipient as, any portion of or
				"inside" information concerning any portion of a future, current or previously
				administered examination of the Board;
5.1.2.b. conduct that in any way compromises
				ordinary standards of test administration, such as communicating with another
				applicant during administration of the examination, copying another applicant's
				answers, permitting another applicant to copy one's answers, or possessing
				unauthorized materials; or
5.1.2.c.
				impersonating a applicant or permitting an impersonator to take the examination
				on one's own behalf;
5.1.3. Fail to report to the Board that:
5.1.3.a. charges regarding the individual's
				permit or license to practice medical imaging or radiation therapy technology
				or any other medical or allied health profession are pending or have been
				resolved adversely to the individual in any state, territory or country,
				(including but not limited to, imposed conditions, probation, suspension or
				revocation); or
5.1.3.b. that the
				individual has been refused a permit, license or registration certificate to
				practice medical imaging or radiation therapy technology or any other medical
				or allied health profession by another state, territory or country;
5.1.4. Fail to perform medical
				imaging or radiation therapy technology with reasonable skill and
				safety;
5.1.5. Engage in
				unprofessional conduct, including, but not limited to:
5.1.5.a. a departure from or failure to
				conform to applicable federal, state or local governmental rules and
				regulations regarding medical imaging or radiation therapy technology practice;
				or, if no rule or regulation exists, to the minimal standards of acceptable and
				prevailing medical imaging or radiation therapy technology practice;
5.1.5.b. any medical imaging or radiation
				therapy technology practice that may create unnecessary danger to a patient's
				life, health or safety; or
5.1.5.c.
				any practice that is contrary to the ethical conduct appropriate to the
				profession that results in the termination from employment. Actual injury to a
				patient or the public need not be established;
5.1.6. Delegate or accept the delegation of a
				medical imaging or radiation therapy technology function or any other
				prescribed health care function when the delegation or acceptance could
				reasonably be expected to create an unnecessary danger to a patient's life,
				health or safety. Actual injury to a patient need not be established;
5.1.7. Engage in actual or potential
				inability to practice medical imaging or radiation therapy technology with
				reasonable skill and safety to patients by reason of illness, use of alcohol,
				drugs, chemicals or any other material; or as a result of any mental or
				physical condition;
5.1.8. Be
				adjudicated as mentally incompetent, mentally ill, a chemically dependent
				person, or a person dangerous to the public, by a court of competent
				jurisdiction;
5.1.9. Engage in any
				unethical conduct, including, but not limited to, conduct likely to deceive,
				defraud or harm the public; or demonstrate a willful or careless disregard for
				the health, welfare or safety of a patient. Actual injury need not be
				established;
5.1.10. Engage in
				conduct with a patient that is sexual or may reasonably be interpreted by the
				patient as sexual, or in any verbal behavior that is seductive or sexually
				demeaning to a patient, or engage in sexual exploitation of a patient or former
				patient. This subsection also applies to any unwanted sexual behavior, verbal
				or otherwise, that results in the termination of employment. This does not
				apply to pre-existing consensual relationships;
5.1.11. Reveal a privileged communication
				from or relating to a former or current patient, except when otherwise required
				or permitted by law;
5.1.12.
				Knowingly engage or assist any person to engage in, or otherwise participate
				in, abusive or fraudulent billing practices, including violations of federal
				Medicare and Medicaid laws or state medical assistance laws;
5.1.13. Improperly manage patient records,
				including fail to maintain adequate patient records or to furnish a patient
				record or report required by law; or make, cause or permit anyone to make
				false, deceptive or misleading entry in any patient record;
5.1.14. Knowingly aid, assist, advise or
				allow a person without a current and appropriate state permit or license to
				engage in the practice of medical imaging or radiation therapy technology, in a
				jurisdiction which requires a person to have a current and appropriate state
				permit or license in order to practice medical imaging or radiation therapy
				technology in that jurisdiction;
5.1.15. Violate a rule adopted by any state
				board with competent jurisdiction, an order of the board, or state or federal
				law relating to the practice of medical imaging or radiation therapy
				technology, or any other medical or allied health professions, or a state or
				federal narcotics or controlled substance law;
5.1.16. Knowingly provide false or misleading
				information that is directly related to the care of a former or current
				patient;
5.1.17. Practice outside
				the scope of practice authorized by the individual's current state permit or
				license;
5.1.18. Make a false
				statement or knowingly providing false information to the Board, or to a
				national certification organization which is accredited by either the National
				Commission for Certifying Agencies (NCCA) or by the American National Standards
				Institute (ANSI), or fail to cooperate with any investigation of the Board's
				Ethics Committee;
5.1.19. Engage in
				false, fraudulent, deceptive or misleading communications to any person
				regarding the individual's education, training, credentials, experience or
				qualifications, or the status of the individual's state permit or license;
				or
5.1.20. Know of a violation or a
				probable violation of any Standard of Ethics by any individual or by a
				applicant and fail to promptly report it in writing to the Board.