2005 Idaho Code - 54-2219 — GROUNDS FOR DISCIPLINARY ACTION

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 22
                         PRACTICE OF PHYSICAL THERAPY
    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.