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Utah PT Unprofessional Conduct

Unprofessional conduct includes:

    • As a PT, violating the American Physical Therapy Association's Code of Ethics for the Physical Therapist, last amended August 12, 2020, which is incorporated by reference;
    • As a PTA, violating the American Physical Therapy Association's Guide for Professional Conduct, last amended March 2019, which is incorporated by reference;
    • As a PT, violating Section R156-24b-503;
    • As a PTA, violating the American Physical Therapy Association's Standards of Ethical Conduct for the Physical Therapist Assistant, last amended August 12, 2020, which is incorporated by reference; and
    • As a PTA, violating the American Physical Therapy Association's Guide for Conduct of the Physical Therapist Assistant, last amended March 2019, which is incorporated by reference.

"Unprofessional conduct" means conduct, by a licensee or applicant, that is defined as unprofessional conduct under this title or under any rule adopted under this title and includes:

Violating any statute, rule, or order regulating an a profession under this title.

Violating, or aiding or abetting any other person to violate, any generally accepted professional or ethical standard applicable to an occupation or profession regulated under this title.

Engaging in conduct that results in conviction, a plea of nolo contendere, or a plea of guilty or nolo contendere that is held in abeyance pending the successful completion of probation with respect to a crime that, when considered with the functions and duties of the profession for which the license was issued or is to be issued, bears a substantial relationship to the licensee's or applicant's ability to safely or competently practice the profession.

Engaging in conduct that results in disciplinary action, including reprimand, censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory authority having jurisdiction over the licensee or applicant in the same profession if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary proceedings.

Engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the ability of the licensee or applicant to safely engage in the profession.

Practicing or attempting to practice a profession regulated under this title despite being physically or mentally unfit to do so.

Practicing or attempting to practice a or profession regulated under this title through gross incompetence, gross negligence, or a pattern of incompetency or negligence.

Practicing or attempting to practice a profession requiring licensure under this title by any form of action or communication which is false, misleading, deceptive, or fraudulent.

Practicing or attempting to practice a profession regulated under this title beyond the scope of the licensee's competency, abilities, or education.

Practicing or attempting to practice a profession regulated under this title beyond the scope of the licensee's license.

Verbally, physically, mentally, or sexually abusing or exploiting any person through conduct connected with the licensee's practice under this title or otherwise facilitated by the licensee's license.

Acting as a supervisor without meeting the qualification requirements for that position that are defined by statute or rule.

Issuing, or aiding and abetting in the issuance of, an order or prescription for a drug or device:

    • Without first obtaining information in the usual course of professional practice, that is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to the proposed treatment; or
    • With prescriptive authority conferred by an exception issued under this title, or a multi-state practice privilege recognized under this title, if the prescription was issued without first obtaining information, in the usual course of professional practice, that is sufficient to establish a diagnosis, to identify underlying conditions, and to identify contraindications to the proposed treatment.

Violating the terms of an order governing a license.

"Unprofessional conduct" does not include:

Health care provider, who is licensed under this title, deviating from medical norms or established practices if the conditions are met; and

Notwithstanding a health care provider advertising that the health care provider deviates from medical norms or established practices, including the maladies the health care provider treats, if the health care provider:

    • Does not guarantee any results regarding any health care service;
    • Fully discloses on the health care provider's website that the health care provider deviates from medical norms or established practices with a conspicuous statement; and
    • Includes the health care provider's contact information on the website.

In addition to the conduct described above, "unprofessional conduct" includes:

Using or employing the services of an individual to assist a person licensed under this chapter in a manner that is not in accordance with:

    • Generally recognized practices, standards, or ethics of the profession for which the person is licensed; or
    • The requirements of this chapter or rule.

Failure by a person licensed as a PT or PTA to confine the person's conduct to that which:

    • The person is competent to perform, by education, training, and experience; and
    • Is within the scope of practice permitted under this chapter or rule.

Failure to supervise a licensed physical therapist assistant or a physical therapy aide in accordance with the requirements of this chapter or rule.

Other conduct defined as "unprofessional conduct" by the division, by rule.

Reference

Utah Code § 58-1-501

Utah Code § 58-24b-502

About Us

Zachary Edgar JD, LLM is the managing partner for Therapy Comply.  Zachary is a healthcare attorney that specializes in federal and state healthcare regulatory issues particularly for physical, occupational, and speech therapy practices.  

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