(a) The board may deny a license to or discipline an
applicant/respondent who is found to be practicing in a manner detrimental
to the public health and welfare.
(b) Practicing in a manner detrimental to the public
health and welfare may include, but is not limited to, the following:
(1) failing to document physical therapy services,
inaccurately recording, falsifying, or altering patient/client records;
(2) obtaining or attempting to obtain or deliver medications
through means of misrepresentation, fraud, forgery, deception, and/or
subterfuge;
(3) failing to supervise and maintain the supervision
of supportive personnel, licensed or unlicensed, in compliance with
the Act and rule requirements;
(4) aiding, abetting, authorizing, condoning, or allowing
the practice of physical therapy by any person not licensed to practice
physical therapy;
(5) permitting another person to use an individual's
physical therapist's or physical therapist assistant's license for
any purpose;
(6) failing to cooperate with the agency by not responding
to agency correspondence addressed to the license holder's official
address within 90 days, by not furnishing papers or documents requested
or by not responding to subpoenas issued by the agency;
(7) failing to complete the requirements of an agreed
order;
(8) interfering with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the agency
or the board, or by the use of threats or harassment against any patient/client
or witness to prevent them from providing evidence in a disciplinary
proceeding or any other legal action;
(9) engaging in sexual contact with a patient/client
as the result of the patient/client relationship;
(10) practicing or having practiced with an expired
temporary or permanent license;
(11) failing to conform to the minimal standards of
acceptable prevailing practice, regardless of whether or not actual
injury to any person was sustained, including, but not limited to:
(A) failing to assess and evaluate a patient's/client's
status;
(B) performing or attempting to perform techniques
or procedures or both in which the physical therapist or physical
therapist assistant is untrained by education or experience;
(C) delegating physical therapy functions or responsibilities
to an individual lacking the ability or knowledge to perform the function
or responsibility in question; or
(D) causing, permitting, or allowing physical or emotional
injury or impairment of dignity or safety to the patient/client;
(12) intentionally or knowingly offering to pay or
agreeing to accept any remuneration directly or indirectly, overtly
or covertly, in cash or in kind, to or from any person, firm, association
of persons, partnership, or corporation for receiving or soliciting
patients or patronage, regardless of source of reimbursement, unless
said business arrangement or payments practice is acceptable under
42 United States Code §1320a-7b(b) or its regulations;
(13) advertising in a manner which is false, misleading,
or deceptive;
(14) knowingly falsifying and/or forging a referring
practitioner's referral for physical therapy;
(15) failing to notify the board of any conduct by
another licensee which reasonably appears to be a violation of the
Practice Act and rules, or aids or causes another person, directly
or indirectly, to violate the Practice Act or rules of the board;
(16) abandoning or neglecting a patient under current
care without making reasonable arrangements for the continuation of
such care;
(17) failing to maintain the confidentiality of all
verbal, written, electronic, augmentative, and nonverbal communication,
including compliance with HIPAA regulations; and
(18) violating the rules of the Physical Therapy Licensure
Compact if holding a Compact privilege to practice in Texas.
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Source Note: The provisions of this §322.4 adopted to be effective April 15, 1999, 24 TexReg 2935; amended to be effective June 7, 2009, 34 TexReg 3515; amended to be effective April 4, 2011, 36 TexReg 2127; amended to be effective May 17, 2015, 40 TexReg 2666; amended to be effective March 1, 2018, 43 TexReg 775; amended to be effective September 1, 2019, 44 TexReg 4184; amended to be effective March 1, 2023, 48 TexReg 892 |