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Virginia PT Unprofessional Conduct

The Board may refuse to admit a candidate to any examination, may refuse to issue a license to any applicant, and may suspend for a stated period of time or indefinitely or revoke any license or censure or reprimand any person or place him on probation for such time as it may designate for any of the following causes:

    • False statements or representations or fraud or deceit in obtaining admission to the practice, or fraud or deceit in the practice of physical therapy;
    • Substance abuse rendering him unfit for the performance of his professional obligations and duties;
    • Unprofessional conduct as defined in this chapter;
    • Intentional or negligent conduct that causes or is likely to cause injury to a patient or patients;
    • Mental or physical incapacity or incompetence to practice his profession with safety to his patients and the public;
    • Restriction of a license to practice physical therapy in another state, the District of Columbia, a United States possession or territory, or a foreign jurisdiction;
    • Conviction in any state, territory or country of any felony or of any crime involving moral turpitude;
    • Adjudged legally incompetent or incapacitated in any state if such adjudication is in effect and the person has not been declared restored to competence or capacity; or
    • Conviction of an offense in another state, territory or foreign jurisdiction, which if committed in Virginia would be a felony. Such conviction shall be treated as a felony conviction under this section regardless of its designation in the other state, territory or foreign jurisdiction.

Unprofessional Conduct

Any physical therapist or physical therapist assistant licensed by the Board shall be considered guilty of unprofessional conduct if he:

    • Engages in the practice of physical therapy under a false or assumed name or impersonates another practitioner of a like, similar or different name;
    • Knowingly and willfully commits any act which is a felony under the laws of this Commonwealth or the United States, or any act which is a misdemeanor under such laws and involves moral turpitude;
    • Aids or abets, has professional contact with, or lends his name to any person known to him to be practicing physical therapy illegally;
    • Conducts his practice in such a manner as to be a danger to the health and welfare of his patients or to the public;
    • Is unable to practice with reasonable skill or safety because of illness or substance abuse;
    • Publishes in any manner an advertisement that violates Board regulations governing advertising;
    • Performs any act likely to deceive, defraud or harm the public;
    • Violates any provision of statute or regulation, state or federal, relating to controlled substances;
    • Violates or cooperates with others in violating any of the provisions of this chapter or regulations of the Board; or
    • Engages in sexual contact with a patient concurrent with and by virtue of the practitioner/patient relationship or otherwise engages at any time during the course of the practitioner/patient relationship in conduct of a sexual nature that a reasonable patient would consider lewd and offensive.

A practitioner shall not:

    • Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;
    • Knowingly allow persons under his supervision to jeopardize patient safety or provide patient care outside of such person's scope of practice or area of responsibility. Practitioners shall delegate patient care only to persons who are properly trained and supervised;
    • Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
    • Exploit the practitioner/patient relationship for personal gain.

A practitioner shall not knowingly and willfully solicit or receive any remuneration, directly or indirectly, in return for referring an individual to a facility or institution or hospital.

Remuneration shall be defined as compensation, received in cash or in kind, but shall not include any payments, business arrangements, or payment practices allowed by Title 42, § 1320a-7b(b) of the United States Code, as amended, or any regulations promulgated thereto.

A practitioner shall not willfully refuse to provide information or records as requested or required by the board or its representative pursuant to an investigation or to the enforcement of a statute or regulation.

A practitioner shall report any disciplinary action taken by a physical therapy regulatory board in another jurisdiction within 30 days of final action.

Citation

Va. Code Ann. § 54.1-3480

Va. Code Ann. § 54.1-3483

18 VAC 112-20-190

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