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Texas Physical Therapy Unprofessional Conduct

Practice in manner detrimental to public health and welfare

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 furnishing papers or documents requested or by not responding to subpoenas issued by the agency;

(7) 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;

(8) Engaging in sexual contact with a patient/client as the result of the patient/client relationship;

(9) Practicing or having practiced with an expired temporary or permanent license;

(10) 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:

    • failing to assess and evaluate a patient's/client's status;
    • 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;
    • delegating physical therapy functions or responsibilities to an individual lacking the ability or knowledge to perform the function or responsibility in question; or
    • causing, permitting, or allowing physical or emotional injury or impairment of dignity or safety to the patient/client;

(11) 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;

(12) Advertising in a manner which is false, misleading, or deceptive;

(13) Knowingly falsifying and/or forging a referring practitioner's referral for physical therapy;

(14) 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;

(15) Abandoning or neglecting a patient under current care without making reasonable arrangements for the continuation of such care;

(16) Failing to maintain the confidentiality of all verbal, written, electronic, augmentative, and nonverbal communication, including compliance with HIPAA regulations; and

(17) Violating the rules of the Physical Therapy Licensure Compact if holding a Compact privilege to practice in Texas.

When am I obligated to report to the board?

Each licensee shall submit a copy of any judgment or settlement in a malpractice claim or any disciplinary action taken by another licensing authority in another state to the board within thirty (30) days after such occurrences.

Additional grounds for discipline

Grounds for the board to deny a license to or discipline an applicant/respondent may include the

following:

    • Attempting to obtain or obtaining a license by fraud, falsification, or deception of an application or examination procedure; or
    • Having a license to practice physical therapy or a license to practice another health care profession revoked or suspended or had other disciplinary action taken against him or had his application for license refused, revoked, or suspended by the proper licensing authority of another state, territory, or nation;
    •  Failure to meet the qualifications for licensure as set forth in the Act, §§8, 9, or 10, as applicable, and/or to any other rules or procedures set forth by the board relating to these sections;
    • Cheating on the national examination.

Gross negligence

The board may deny a license to or discipline an applicant/respondent who is found grossly

negligent in the practice of physical therapy or in acting as a physical therapist assistant.

Gross negligence may include, but is not limited to, the provision of physical therapy which the therapist knew or should have known would result in severe physical injury or death of a patient.

Reference

3 Tex. Admin. Code § 341.21

3 Tex. Admin. Code § 343



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