54-2219. GROUNDS FOR DISCIPLINARY ACTION. The following conduct, acts, or conditions shall constitute grounds for disciplinary action:

(1) Violating any provision of this chapter or any administrative rule adopted by the board;

(2) Practicing or offering to practice beyond the scope of physical therapy practice as defined in this chapter or failing to meet the standard of physical therapy provided by other qualified physical therapists and physical therapist assistants in the same or similar communities;

(3) Obtaining or attempting to obtain a license by fraud, misrepresentation or omission;

(4) Engaging in the performance of substandard care by a physical therapist due to an intentional, negligent, or reckless act or failure to act;

(5) Engaging in the performance of substandard care by a physical therapist assistant, due to an intentional, negligent, or reckless act or failure to act, or performing tasks not selected or delegated by the supervising licensed physical therapist;

(6) Inadequate supervising by a physical therapist of a physical therapist assistant and/or supportive personnel, or inadequate supervising by a physical therapist assistant of supportive personnel in accordance with this chapter and the administrative rules adopted by the board;

(7) Having been convicted of a felony or being convicted of any crime that has a bearing on any practice pursuant to this chapter in the courts of this state or any other state, territory or country. Conviction, as used in this subsection (7), shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere or its equivalent. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction occurred, shall be conclusive evidence of such conviction;

(8) 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 drugs, chemicals or alcohol;

(9) 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, or omitting such information from any application to the board, or failure to divulge such information when requested by the board;

(10) Committing any act of sexual contact, misconduct, exploitation or intercourse with a patient or former patient or related to the licensee’s practice of physical therapy as a physical therapist or physical therapist assistant, provided:

(a) Consent of the patient shall not be a defense;

(b) This subsection (10) shall not apply to sexual contact between a physical therapist or physical therapist assistant and the physical therapist’s or physical therapist assistant’s spouse or a person in a domestic relationship who is also a patient;

(c) A former patient means a patient for whom the physical therapist or physical therapist assistant has provided physical therapy services within the last twelve (12) months; and

(d) Sexual or romantic relationships with former patients beyond the period of time set forth herein may also be a violation if the physical therapist or physical therapist assistant uses or exploits the trust, knowledge, emotions or influence derived from the prior professional relationship with the patient;

(11) Directly or indirectly requesting, receiving or participating in the dividing, transferring or assigning, of any referral fee from any health care professional licensed or regulated by the state of Idaho, or any other third party, or profiting by means of a credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. Nothing in this paragraph prohibits the members, owners, shareholders or partners of any regularly and properly organized business entity recognized by the laws of the state of Idaho and comprised of physical therapists from dividing fees received for professional services amongst themselves;

(12) Failing to adhere to the recognized standards of ethics of the physical therapy profession as published in the administrative rules adopted by the board;

(13) Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter or in the practice of the profession, or in the application process;

(14) Having been adjudged mentally incompetent by a court of competent jurisdiction;

(15) Aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license;

(16) Failing to report to the board any act or omission of a licensee, applicant, or any other person, which violates any provision of this chapter;

(17) Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by use of threats or harassment against any patient or witness to prevent them from providing evidence in a disciplinary proceeding, investigation or other legal action;

(18) Failing to maintain patient confidentiality unless otherwise required by law;

(19) Failing to maintain adequate records. For purposes of this subsection (19), "adequate patient records" means legible records that contain, at a minimum, an evaluation of objective findings, the plan of care, and the treatment record;

(20) Promoting unnecessary devices, treatment, intervention or service for the financial gain of the practitioner or of a third party;

(21) Providing treatment intervention unwarranted by the condition of the patient;

(22) Failing to pay a valid judgment that arose out of any practice pursuant to this chapter within two (2) months of the date that the judgment became final;

(23) Failing to meet continuing education requirements as established by the board.

History:

[(54-2219) 54-2218, added 2001, ch. 197, sec. 2, p. 672; am. and redesig. 2006, ch. 116, sec. 16, p. 323.]