SECTION 435:20-5-8. Unprofessional conduct - Grounds for disciplinary action

(a)   The Physical Therapy Advisory Committee may recommend to the Board to revoke or take other disciplinary action against a licensee or deny a license to an applicant for unprofessional conduct.

(b)   Acts that constitute unprofessional conduct include, but are not limited to:

(1)   Procuring aiding or abetting a criminal operation.

(2)   Habitual intemperance or the habitual use of habit-forming drugs.

(3)   Been convicted of a felony crime that substantially relates to the occupation of physical therapy or poses a reasonable threat to public safety or of a misdemeanor crime involving moral turpitude of a felony or of any offense involving moral turpitude.;

(4)   Dishonorable or immoral conduct that is likely to deceive, defraud, or harm the public.

(5)   Aiding or abetting, directly or indirectly, the practice of physical therapy by any person not duly authorized under the laws of this state.

(6)   Engaging in physical conduct with a patient that is sexual in nature, or in any verbal behavior that is seductive or sexually demeaning to a patient.

(7)   Participation in fraud, abuse and/or violation of state or federal laws.

(8)   Any conduct which potentially or actually jeopardizes a patient's life, health or safety.

(9)   Verbally or physically abusing patients.

(10)   Discriminating in the rendering of patient care.

(11)   Negligence while in practice of physical therapy or violating the "Standards of Ethics and Professional Conduct" adopted by the Board.

(12)   Habitual intemperance or addicted use of any drug, chemical or substance that could result in behavior that interferes with the practice of physical therapy and the responsibilities of the licensee.

(13)   Unauthorized possession or use of illegal or controlled substances or pharmacological agents without lawful authority or prescription by an authorized and licensed independent practitioner of the State of Oklahoma.

(14)   Fraudulent billing practices and/or violation of Medicare and Medicaid laws or abusive billing practices.

(15)   Improper management of medical records, inaccurate recording, falsifying or altering or failing to complete documentation of patient records.

(16)   Falsely manipulating patient's records or forging a prescription for medication/drugs, or presenting a forged prescription.

(17)   Aiding, abetting or assisting any other person to violate or circumvent any law, rule or regulation intended to guide the conduct of a physical therapist or physical therapist assistant.

(18)   Being judged mentally incompetent by a court of competent jurisdiction.

(19)   Failing to timely make application for license renewal.

(20)   Falsifying documents submitted to the Physical Therapy Committee or the Oklahoma State Board of Medical Licensure and Supervision.

(21)   Obtaining or attempting to obtain a license, certificate or documents of any form as a physical therapist or physical therapist assistant by fraud or deception.

(22)   Cheating on or attempting to subvert the national physical therapy examination or skills assessment tests.

(23)   Leaving a patient care assignment without properly advising the appropriate personnel.

(24)   Violating the confidentiality of information or knowledge concerning a patient.

(25)   While engaged in the care of a patient, engaging in conduct with a patient, patient family member, or significant other that is seductive or sexually demeaning/exploitive in nature.

(26)   Failure to report through proper channels the unsafe, unethical or illegal practice of any person who is providing care.

(27)   Failure to furnish to the Board, its investigators or representatives, information lawfully requested by the Board.

(28)   Failure to cooperate with a lawful investigation conducted by the Board.

(29)   Violation of any provision(s) of the Physical Therapy Practice Act or the rules and regulations of the board or of an action, stipulation, agreement or order of the Board.

(30)   Failure to report to the Board any adverse action taken against him or her by another licensing jurisdiction (United States or foreign), by any governmental agency, by any law enforcement agency, or by an court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section.

(c)   A physical therapist or physical therapist assistant who knowingly allows or participates with individual(s) who are in violation of the above will be prohibited from supervising other physical therapy practitioners for so long as the Board deems appropriate, and may themselves be subject to disciplinary action pursuant to their conduct.

[Source: Added at 20 Ok Reg 2457, eff 7-11-03; Amended at 25 Ok Reg 1966, eff 6-26-08; Amended at 33 Ok Reg 1750, eff 9-12-16]