172 Neb. Admin. Code, ch. 137, § 012

Current through June 17, 2024

Section 172-137-012 - UNPROFESSIONAL CONDUCT

Unprofessional conduct is set out in Neb. Rev. Stat. § 38-179 and this chapter

012.01COMPETENCE. A physical therapist or physical therapist assistant must not provide services for which they are not trained or experienced. Unprofessional conduct in the practice of physical therapy includes but is not limited to: Performing or agreeing to perform procedures when the procedures are known to be a departure from the standards of acceptable and prevailing practice in physical therapy. Unprofessional conduct does not include a single act of ordinary negligence.

012.02CONFIDENTIALITY. Without the prior written consent of a patient, a physical therapist or physical therapist assistant must hold in confidence information obtained from a patient, except in those unusual circumstances in which to do so would result in clear danger to the person or to others, or where otherwise required by law.

012.03PROFESSIONAL RELATIONSHIPS. A physical therapist or physical therapist assistant must safeguard the welfare of patients and maintain professional relationships with patients. Commission of any of the following acts or behavior will constitute unprofessional conduct:

(A) Exploiting another person for one's own advantage;

(B) Performing or agreeing to perform physical therapy services that have been requested when the services are known to be contraindicated or unjustified;

(C) Performing or agreeing to perform procedures that have been requested when the procedures are known to be outside of the physical therapist or physical therapist assistant's scope of practice;

(D) Verbally or physically abusing patients;

(E) Falsification or unauthorized destruction of patient's records;

(F) Attempting to provide diagnostic or treatment information to a patient or patients that is beyond the physical therapist or physical therapist assistant's level of education, training and expertise;

(G) Delegating to other personnel those patient related services for which the clinical skills and expertise of a physical therapist or physical therapist assistant are required;

(H) Encouraging or promoting the practice of physical therapy by untrained or unqualified persons;

(I) Failure to safeguard the patient's dignity and right to privacy;

(J) Failure to maintain adequate patient records; and

(K) Delegating to a physical therapy assistant those patient related services for which the clinical skills and expertise of a physical therapist are required.

012.04SEXUAL MISCONDUCT. A physical therapist or physical therapist assistant must not under any circumstances engage in sexual misconduct. Specifically with regard to patients, unprofessional conduct includes but is not limited to:

(A) Engaging in sexual relationships, whether consensual or nonconsensual, with any patient while a physical therapist or physical therapist assistant and patient relationship exists; and

(B) Engaging in sexual harassment of patients: Sexual harassment includes making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature which results in:

(i) Providing or denying physical therapy to a patient;

(ii) Creating an intimidating, hostile, or offensive environment for the patient; or

(iii) Interfering with a patient's ability to recover.

012.05OTHER. Other unprofessional conduct includes but is not limited to:

(A) The violation of an assurance of compliance entered into under Neb. Rev. Stat. § 38-1,108 of the Uniform Credentialing Act;

(B) Failure to follow policies or procedures implemented in the practice situation to safeguard patient care;

(C) Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of a physical therapist;

(D) Failure to obtain patient informed consent before treatment;

(E) Failure to take steps to transfer the continuum of care of the patient, as appropriate, to another health care provider in the event of elective termination of physical therapy services by the physical therapist;

(F) Engaging in conduct that subverts or undermines the integrity of the examination or the examination process including, but not limited to, utilizing in any manner recalled or memorized examination questions from or with a person or entity, failing to comply with all test center security procedures, communicating or attempting to communicate with other examinees during the test, or copying or sharing examination questions or portions of questions;

(G) Failure to complete continuing competency requirements as established by rules and regulations as specified in this chapter;

(H) Promoting any unnecessary device, treatment intervention or service resulting in the financial gain of the practitioner or of a third party; and

(I) Participating in underutilization or overutilization of physical therapy services for personal or institutional financial gain.

172 Neb. Admin. Code, ch. 137, § 012

Amended effective 6/20/2020