Ga. Comp. R. & Regs. R. 490-9-.04 - Disciplinary Sanctions

When providing physical therapy treatment following appropriate consultation, unprofessional and unethical conduct shall include but is not limited to the following:

(a) Failing to adhere to the Code of Ethics for Physical Therapists and Physical Therapists Assistants, as codified in Rules 490-9-.01 through 490-9-.03.
(b) Delegating to an aide or unlicensed person any physical therapy task other than those codified in Chapter 490-8.
(c) Failing to provide continuous, immediate and physically present supervision of the aide or unlicensed person when designated tasks are performed.
(d) Performing the technique of dry needling without having met the training and competency requirements as codified in Rule 490-9-.05.
(e) Failing to adhere to the 'Consumer Information and Awareness Act' as codified in O.C.G.A. § 43-1-33 in relation to conspicuously posting and affirmatively communicating your type of regulatory designator (PT, PTA), level of education, and training to all current and prospective patients by way of a name badge, facility notices and advertisements.
(f) Failing to provide an evaluation on each patient and establishing a physical therapy diagnosis.
(g) Failing to formulate and record in the patient's record a treatment program based upon the evaluation and any other information available.
(h) Failing to perform periodic evaluation of the patient and documenting the evaluations in the patient's record and to make adjustments to the patient's treatment program as progress warrants.
(i) Failing to formulate and record a patient's discharge plan.
(j) Directly or indirectly requesting, receiving or participating in the division, transferring, assigning, rebating or refunding of fees or remuneration earned, in cash or kind, for bringing or referring a patient. For purposes of this Rule:
1. No physical therapist, physical therapy assistant, employee or agent thereof acting on his behalf, shall enter into or engage in any agreement or arrangement with any individual, entity, or an employee or agent thereof acting on his behalf, for the payment or acceptance or compensation in any form for the referral or recommending of the professional services of either. This prohibition includes any form of fee division or charging of fees solely for referral of a patient.
2. This prohibition shall include a rebate or percentage of rental agreement or any arrangement or agreement whereby the amount received in payment for furnishing space, facilities, equipment or personnel services.
3. Provided further, that this Rule shall not preclude a discount, waiver of co-payment or other reduction in price of services by a physical therapist if the reduction in price is properly disclosed to the consumer and third party payers and appropriately reflected in the costs claimed or charges made.
(k) Should it be determined that a licensee is in violation of this rule and the statutes referenced herein, the Board may impose any disciplinary or corrective measure allowed by law.

Notes

Ga. Comp. R. & Regs. R. 490-9-.04
O.C.G.A. §§ 43-1-19, 43-1-20.1, 43-1-24, 43-1-25, 43-1-33, 43-33-3, 43-33-10, 43-33-11, 43-33-18, 43-33-19.
Original Rule entitled "Disciplinary Sanctions" adopted. F. Jan. 25, 2007; eff. Feb. 14, 2007. Repealed: Rule entitled "Disciplinary Sanctions" adopted. F. Mar. 21, 2012; eff. Apr. 10, 2012. Amended: F. Apr. 18, 2016; eff. May 8, 2016.

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