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RULE §322.4Practicing in a Manner Detrimental to the Public Health and Welfare

(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.

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

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