Kan. Admin. Regs. § 100-29-12
Current through Register Vol. 43, No. 49, December 5, 2024
Section 100-29-12 - Unprofessional conduct(a) "Unprofessional conduct" means any of the following: (1) Engaging in physical therapy using either of the following means: (A) A false or assumed name; or (B) impersonating another person licensed as a physical therapist or certified as a physical therapist assistant; (2) practicing physical therapy without reasonable skill and safety because of any of the following: (C) use of drugs, controlled substances, chemicals, or any other type of material; or (D) any mental or physical condition that impairs judgment or ability to provide care; (3) having a physical therapist or physical therapist assistant license, registration, or certification revoked, suspended, or limited by the proper regulatory authority of another state, territory, or country, or the District of Columbia for acts or conduct that would constitute grounds for disciplinary action under K.S.A. 65-2912 and amendments thereto; (4) having a physical therapist or physical therapist assistant application denied by the proper regulatory authority of another state, territory, or country, or the District of Columbia for acts or conduct that would constitute grounds for disciplinary action under K.S.A. 65-2912 and amendments thereto; (5) cheating or attempting to subvert the validity of the examination required for licensure or certification; (6) failing to provide adequate supervision to a physical therapist assistant or other person who performs services pursuant to delegation by a physical therapist; (7) failing to furnish to the board, its investigators, or representatives any information legally requested by the board; (8) being sanctioned or disciplined by a peer review committee or medical care facility for acts or conduct that would constitute unprofessional conduct under this regulation; (9) surrendering a license, registration, or certification to practice physical therapy in another state while disciplinary proceedings are pending for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation under K.S.A. 65-2912 and amendments thereto; (10) committing one or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board; (11) committing repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board; (12) engaging in a pattern of practice or other conduct that demonstrates a manifest incapacity or incompetence to practice physical therapy; (13) representing to a patient or client that a manifestly incurable disease, condition, or injury can be permanently cured; (14) providing physical therapy to a patient or client without the consent of the patient or client or the patient's or client's legal representative; (15) willfully betraying confidential information provided by the patient or client; (16) advertising a guarantee of any professional service relating to physical therapy; (17) using any advertisement that is false, misleading, or deceptive in any material respect; (18) committing conduct likely to deceive, defraud, or harm the public; (19) making a false or misleading statement regarding the license or certificate holder's skill; (20) committing any act of sexual abuse, misconduct, or exploitation relating to the professional practice of physical therapy; (21) obtaining any fee by fraud, deceit, or misrepresentation; (22) failing to maintain adequate written records detailing the course of treatment of the patient or client; (23) delegating physical therapy to a person who the license or certificate holder knows or has reason to know is not qualified by training or experience to perform the physical therapy; (24) referring a patient or client to a health care entity for services if the license or certificate holder has a significant investment interest in the health care entity, unless the patient or client is informed of the following in writing: (A) The significant investment interest; and (B) the fact that the patient or client can obtain the services elsewhere; (25) performing tests, examinations, or services that have no legitimate purpose; (26) violating any regulations adopted by the board relating to the practice of physical therapy; (27) directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, other than through the legal functioning of a professional partnership, professional corporation, limited liability company, or similar business entity; (28) practicing or offering to practice beyond the scope of the legal practice of physical therapy; (29) charging excessive fees for services performed; (30) aiding and abetting a person who is not licensed or certified in the performance of activities requiring a license or certificate; or (31) providing treatment unwarranted by the condition of the patient or continuing treatment beyond the merit of reasonable benefit. (b) Each physical therapist and physical therapist assistant shall maintain an adequate record for each patient or client for whom the physical therapist or physical therapist assistant performs a professional service. Each record shall meet the following criteria: (2) identify the patient or client; and (3) contain an evaluation, a diagnosis, a plan of care, and a treatment and discharge plan. (c) As used in this regulation, "health care entity" and "significant investment interest" shall have the meanings ascribed to them in K.S.A. 65-2837 and amendments thereto. Kan. Admin. Regs. § 100-29-12
Authorized by K.S.A. 2004 Supp. 65-2911; implementing K.S.A. 2004 Supp. 65-2912; effective March 21, 1997; amended May 26, 2006.