A. Fraud or Deceit
1. The practice of fraud or deceit in
obtaining a license includes, but is not limited to:
a. falsification or misrepresentation of
education or experience of an applicant or licensee;
b. falsification or misrepresentation of a
recommendation from a consultant or peer;
c. cheating on a licensure
examination;
d. intentionally
withholding or misrepresenting any information requested on an application,
including any information regarding criminal or disciplinary action taken by
any jurisdiction against an applicant; or
e. impersonating another applicant.
2. The practice of fraud or deceit
in connection with services rendered as a physical therapist or physical
therapist assistant includes, but is not limited to:
a. intentionally practicing or attempting to
practice, or aiding another to practice, beyond the scope of the license
held;
b. intentionally
misrepresenting the type or status of license held or qualifications to
practice;
c. committing or aiding
another to commit fraud, deceit or corruption in billing, payment or insurance
reimbursement procedures;
d.
intentionally engaging in false, misleading or deceptive advertising;
or
e. impersonating another
licensee.
B.
Aiding or abetting unlicensed practice
Aiding or abetting a person not duly licensed to represent
him/herself as a licensed physical therapist or physical therapist assistant
includes, but is not limited to:
1.
assisting another to practice physical therapy beyond the scope of his/her
license or without a license;
2.
knowingly supervising or providing consultation to an unlicensed person
representing him/herself as licensed or to a licensed person practicing beyond
the scope of his or her license; or
3. knowingly making referrals to an
unlicensed person representing him/herself as licensed or to a licensed person
practicing beyond the scope of his license.
C. Gross negligence, incompetency or
misconduct.
Gross negligence, incompetency or misconduct in the practice
of physical therapy includes, but is not limited to:
1. intentionally or recklessly causing
physical or emotional harm to a client or patient;
2. failing to maintain the confidentiality of
client or patient information, except as otherwise required by law;
3. practicing physical therapy when physical
or mental ability to practice is impaired by alcohol or drugs;
4. practicing physical therapy when physical
or mental ability to practice is impaired by physical, psychological or mental
impediment;
5. engaging in conduct
which violates the Code of Ethics as described in Chapter 6 of the board's
rules;
6. negligently failing to
provide adequate supervision of a physical therapy aide by a physical therapist
assistant with supervisory responsibility over that aide;
7. practicing or attempting to practice
beyond the scope of license held;
8. advertising in a manner which is false,
misleading or deceptive;
9. paying,
accepting or soliciting any payment or consideration for the referral of a
client or patient;
10. falsifying
or inaccurately recording client or patient records;
11. exercising undue influence on the client
or patient, including the promotion for sale of goods, services or drugs, so as
to exploit the client or patient for the financial gain of the physical
therapist or physical therapist assistant;
12. failure to report incidents of child or
adult abuse or neglect as mandated by state law;
13. engaging in conduct which evidences a
lack of knowledge or ability to apply principles or skills to carry out the
practice of physical therapy; or
14. subject to the limitations of 5 MRSA
chapter 341, conviction of a crime which involves dishonesty or false statement
or which relates directly to the practice of physical therapy.
D. Sexual Misconduct
Sexual misconduct in the practice of physical therapy is
behavior that exploits the physical therapist's or physical therapist
assistant's relationship with a client or patient in a sexual way. This
behavior is nondiagnostic and/or nontherapeutic, may be verbal or physical, and
may include expressions or gestures that have a sexual connotation or that a
reasonable person would construe as such. Sexual misconduct is considered
incompetence and misconduct as defined in
32 MRSA section3117-A.
There are two levels of sexual misconduct: sexual violation
and sexual impropriety. Behavior listed in either level may constitute grounds
for disciplinary action.
1. "Sexual
violation" is any conduct by a physical therapist or physical therapist
assistant with a patient that is sexual or may be reasonably interpreted as
sexual, even when initiated by or consented to by a patient, including but not
limited to:
a. Sexual intercourse, genital to
genital contact;
b. Oral to genital
contact;
c. Oral to anal contact or
genital to anal contact;
d. Kissing
in a sexual manner (e.g. french kissing);
e. Any touching of a body part for any
purpose other than appropriate examination, treatment, or comfort, or where the
patient has refused or has withdrawn consent;
f. Encouraging the patient to masturbate in
the presence of the physical therapist or physical therapist assistant or
masturbation by the physical therapist or physical therapist assistant while
the patient is present; and
g.
Offering to provide practice - related services, such as drugs, in exchange for
sexual favors.
2.
"Sexual impropriety" is behavior, gestures, or expressions by the physical
therapist or physical therapist assistant that are seductive, sexually
suggestive, or sexually demeaning to a patient, including but not limited to:
a. Kissing;
b. Disrobing, draping practices or touching
of the patient's clothing that reflect a lack of respect for the patient's
privacy; deliberately watching a patient dress or undress, instead of providing
privacy for disrobing;
c.
Subjecting a patient to an examination in the presence of another, when the
physical therapist or physical therapist assistant has not obtained the verbal
or written consent of the patient or when consent has been withdrawn;
d. Examination or touching of genitals
without the use of gloves;
e.
Inappropriate comments about or to the patient, including but not limited to,
making sexual comments about a patient's body or underclothing, making
sexualized or sexually demeaning comments to a patient, criticizing the
patient's sexual orientation (homosexual, heterosexual, or bisexual), making
comments about potential sexual performance during an examination or
consultation (except when the examination or consultation is pertinent to the
issue of sexual function or dysfunction), requesting details of sexual history
or sexual likes or dislikes when not clinically indicated;
f. Using the physical therapist-patient or
physical therapist assistant-patient relationship to solicit a date or initiate
romantic relationships;
g.
Initiation by the physical therapist or physical therapist assistant of
conversation regarding the sexual problems, preferences, or fantasies of the
physical therapist or physical therapist assistant; and
h. Examining the patient without verbal or
written consent.
All circumstances will be considered in determining whether
sexual impropriety has occurred. If the board finds that a licensee has engaged
in sexual misconduct as defined in chapter 6, section D of these rules, the
licensee shall be disciplined in accordance with the board's laws and rules.
