Section 61.5-02-02-07 - Grounds for disciplinary actionsThe board may refuse to license any physical therapist or physical therapist assistant, may discipline, or may suspend or revoke the license of any physical therapist or physical therapist assistant for any of the following grounds:
1. Violating any provision of this chapter, board rules, or a written order of the board.2. Practicing or offering to practice beyond the scope of the practice of physical therapy.3. Failing to refer a patient or client to an appropriate practitioner if the diagnostic process reveals findings that are outside the scope of the physical therapist's knowledge, experience, or expertise.4. Obtaining or attempting to obtain a license by fraud or misrepresentation.5. Engaging in the performance of substandard physical therapy care due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the patient is established.6. Engaging in the performance of substandard care by a physical therapist assistant, including exceeding the authority to perform components of intervention selected by the supervising physical therapist regardless of whether actual injury to the patient is established.7. Failing to supervise physical therapist assistants or physical therapy aides in accordance with this chapter and board rules.8. A determination by the board that a licensee's conviction of an offense has a direct bearing on the licensee's ability to serve the public as a physical therapist or physical therapist assistant or that, following conviction of any offense, the holder is not sufficiently rehabilitated as provided under North Dakota Century Code section 12.1-33-02.1.9. Practicing as a physical therapist or working as a physical therapist assistant when physical or mental abilities are impaired by the use of controlled substances or other habit-forming drugs, chemicals, alcohol, or by other causes.10. Having had a license revoked or suspended, other disciplinary action taken, or an application for licensure refused, revoked, or suspended by the proper authorities of another state, territory, or country.11. Engaging in sexual misconduct. For the purpose of this subsection, sexual misconduct includes:a. Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a physical therapist or physical therapist assistant-patient relationship exists.b. Making sexual advances, requesting sexual favors, or engaging in other verbal conduct or physical contact of a sexual nature with patients or clients.c. Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards.12. Failing to adhere to the standards of ethics adopted in 2010 by the American physical therapy association and adopted by rule by the board.13. Charging unreasonable or fraudulent fees for services performed or not performed.14. Making misleading, deceptive, untrue, or fraudulent representations in violation of this chapter or in the practice of the profession.15. Having been adjudged mentally incompetent by a court.16. Aiding and abetting a person who is not licensed in this state in the performance of activities requiring a license.17. Failing to report to the board, when there is direct knowledge, any unprofessional, incompetent, or illegal acts that appear to be in violation of this chapter or any rules established by the board.18. Interfering with an investigation or disciplinary proceeding by failure to cooperate, by willful misrepresentation of facts, or by the use of threats or harassment against any patient or witness to prevent that patient or witness from providing evidence in a disciplinary proceeding or any legal action.19. Failing to maintain adequate patient records. For the purposes of this subsection, "adequate patient records" means legible records that contain at a minimum sufficient information to identify the patient, an evaluation of objective findings, a diagnosis, a plan of care, a treatment record, and a discharge plan.20. Failing to maintain patient confidentiality without the written authorization of the patient or unless otherwise permitted by law. All records used or resulting from a consultation under North Dakota Century Code section 43-51-03 are part of a patient's records and are subject to applicable confidentiality requirements.21. Promoting any unnecessary device, treatment intervention, or service resulting in the financial gain of the practitioner or of a third party.22. Providing treatment intervention unwarranted by the condition of the patient or continuing treatment beyond the point of reasonable benefit.23. Participating in underutilization or overutilization of physical therapy services for personal or institutional financial gain.24. Attempting to engage in conduct that subverts or undermines the integrity of the examination or the examination process, including a violation of security and copyright provisions related to the national licensure examination, utilizing recalled or memorized examination questions from or with any individual, communicating or attempting to communicate with other examinees during the examination, or copying or sharing examination questions or portions of questions.N.D. Admin Code 61.5-02-02-07
Effective December 1, 1980; amended effective July 1, 2004; April 1, 2006.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.Amended by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.General Authority: NDCC 43-26.1-03(5)
Law Implemented: NDCC 43-26.1-13