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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 435. State Board of Medical Licensure and Supervision |
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Chapter 50. Licensed Pedorthists |
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Subchapter 7. Regulation of Practice |
SECTION 435:50-7-2. Standards of ethics and professional conduct
Latest version.
- (a) Purpose. The rules in this section on the profession of pedorthics shall be to establish the standards of professional conduct and code of ethics required of a licensee.(b) In the conduct of their professional activities the pedorthist shall be bound by the following ethical and professional principles.(1) Responsibilities to the patient.(A) Services. The pedorthist shall provide the initial evaluation and recommendation for pedorthic devices in an effective, dignified and efficient manner in accordance with the direction of patient's physician.(B) Recognition of foot problems. The pedorthist shall assist lay people to recognize foot health problems and the need for appropriate medical care only out of a desire to protect one who would not otherwise seek or obtain proper medical attention. Such assistance should recommend that the patient have a physician diagnose any foot pathology.(C) Confidential information.(i) The pedorthist shall keep all information relating to a patient's background, condition, treatment, management plan or other areas relating to the pedorthist-patient relationship confidential unless prior written consent of the patient or the patient's legal guardian is received.(ii) The pedorthist shall keep patient information that may be derived as a result of any pedorthist's peer review process confidential by all participants unless written permission to release the information is obtain from the patient or the patient's legal guardian.(iii) The pedorthist shall keep all patient information that is derived in a workplace from a working relationship among pedorthists relating to any patient confidential.(iv) The pedorthist shall strictly adhere to the confidentiality requirements set forth in the subsection unless the release is ordered by a court of law or release is necessary to protect the welfare of the patient and/or the community in accordance with applicable legal requirements.(D) Competency.(i) The pedorthist shall provide services that reflect the best practices in the profession and use best efforts to meet the patient's pedorthic requirements.(ii) Upon accepting an individual for pedorthic services, the pedorthist shall assume the responsibility for evaluating that individual; planning, implementing and supervising the patient's care; reevaluating and changing the pedorthic program; and maintaining adequate records of the case, including progress reports.(iii) The pedorthist shall not fill a prescription that is beyond his/her degree of expertise.(E) Research. The pedorthist shall ensure that all research projects or studies are done in accordance with standards of the American Board for Certification in Orthotics, Prosthetics & Pedorthics (ABC) or the Board for Orthotist/Prosthetist Certification (BOC).(F) Trust and honesty. The pedorthist shall always be truthful and honest in pedorthic matters to the patient, physician, Board and the public in general.(G) Fees and compensation.(i) The pedorthist shall not engage in false, misleading or deceptive representations in relation to the cost of the services undertaken or furnished.(ii) The pedorthist shall not recommend or provide continued pedorthics services to a patient when the pedorthist is aware that the services are being recommended or provided more frequently than necessary, or that pedorthic service has already progressed beyond the point at which further benefit to the patient is possible.(iii) The pedorthist shall not submit false or misleading information in requesting reimbursement from third-party payers, including Medicare and private insurers.(H) Practice arrangements.(i) Except for fees earned for services performed for the patient, the pedorthist shall not give or receive valuable consideration solely because of referrals.(ii) Participation in the business, partnership, corporation or other entity does not exempt the pedorthist, whether employer, partner or stockholder, either individually or collectively, from the obligation of complying with this Code of Ethics and the rules of the Board.(iii) The pedorthist shall advise the Board of any employer or employee practice that is in contradiction with this Code of Ethics.(I) Delay in services. The pedorthist shall not accept any prescription when the pedorthist knows or believes the pedorthic device cannot be furnished with in a reasonable period of time unless the pedorthist has advised the patient in advance the approximate length of time it will take to fill the prescription. In such instances, the pedorthist must discuss the situation with the patient and prescribing health care practitioner.(J) Compliance with laws and regulations. The pedorthist shall provide consultation, evaluation, treatment, business practices, and preventive care, in accordance with the laws and regulations of the State of Oklahoma.(K) Consumer protection. The pedorthist shall report to the Board any conduct that appears to be unethical, incompetent or illegal. Failure to report any such behavior that is known to the pedorthist shall be unethical.(L) Maintenance of patient records. The pedorthist shall initiate and maintain appropriate records about his/her service with each patient. The pedorthist has the duty to maintain patient files in a safe manner and ensure the confidentiality of the patient's records.(M) Delegation of responsibility. The pedorthist shall exercise adequate supervision over persons to whom the pedorthist has delegated certain responsibilities requiring unique skills, knowledge or judgment. The pedorthist is responsible for pedorthic care performed by support personnel under his/her supervision. The pedorthist is responsible for assuring that adequate supervision of support personnel occurs to ensure the patient receives the necessary and appropriate care.(N) Illegal discrimination. The pedorthist shall not decline to accept a patient on the basis of race, gender, color, religion or national origin or on any basis that would constitute illegal discrimination.(O) Discontinuing service.(i) The pedorthist has a duty to inform the physician if the patient fails to follow the physician's plan for pedorthic treatment or discontinues the physician's plan for pedorthic treatment prematurely.(ii) The pedorthist may at his/her discretion discontinue or refuse pedorthic service to any patient or customer only if the laws and regulations of the State of Oklahoma are not violated.(2) Practitioner responsibilities to the physician.(A) Diagnosis and prescription. The pedorthist must receive a prescription from a physician before providing any pedorthic device to a patient.(B) Pedorthic evaluation and recommendation.(i) The pedorthist shall recognize that each individual patient is different and deserves specific and responsible guidance from the pedorthist.(ii) The pedorthist, after evaluating a patient, may recommend to the physician specific pedorthic device designs along with the reasoning for such recommendation.(iii) The pedorthist has the responsibility for the final design for the pedorthic device.(iv) The pedorthist should only dispense pedorthic devices that are in accordance with the prescription and that meet the needs of the patient.(v) The pedorthist shall be guided at all times by concern for the physical, emotional, social and economic welfare of the patient.(C) Changes in patient's condition.(i) When requested by the patient and/or the patient's physician, the pedorthist shall monitor and observe the patient's physical condition in connection with the pedorthic care and the prescribed pedorthic device.(ii) The pedorthist must notify the referring physician and the patient as soon as possible of any change in the patient's condition related to the pedorthic management plan.(D) Altering pedorthic devices. The pedorthist may repair or adjust a pedorthic device without notifying the prescribing physician. However, such repairs or adjustments must conform to the original prescription. Any repairs, adjustments, modifications and/or replacements that alter the original prescription must be authorized by the physician.(3) Responsibilities to colleagues and the profession.(A) Dignity and stature.(i) The pedorthist has the personal responsibility to conduct his or herself in a manner that will assure the dignity and stature of the profession of pedorthics.(ii) The pedorthist should discharge his/her responsibilities with honor and integrity, making the greatest possible effort to satisfy the patient's pedorthic requirements.(iii) Examples of unacceptable behavior include, but are not limited to, the misuse of the license and misrepresentation of capacity as a provider of services.(B) Commercialization. The pedorthist primary professional function is to develop the pedorthic device as part of a medical treatment team. However, the pedorthist is not prohibited from providing other commercial services, such as furnishing non-therapeutic footwear, non-therapeutic custom-comfort or prefabricated foot care products, as long as each patient and the public in general are made aware of the differences between the pedorthist's professional and commercial services.(C) Solicitation.(i) It is unethical for a pedorthist to either directly or indirectly solicit the patronage of individual patients by way of intimidation, threats, harassing conduct, undue influence, coercion, duress, or solicitation of a patient who is apparently in a mental condition that impairs his/her personal judgment to make decisions concerning the products or services being offered.(ii) The pedorthist shall abide by current Medicare or comparable government regulations regarding patient solicitations.(D) Board review. The Advisory Committee on Pedorthics will determine whether the pedorthist is practicing in accordance with the laws and rules of the Board. In the event that the Committee determines that there are violations of these laws or rules, the Committee will refer the matter to the Board who shall handle the matter as a complaint and proceed in accordance with the Oklahoma Administrative Procedures Act.(E) Education.(i) The pedorthist is encouraged to support quality educational programs.(ii) It is unethical for the pedorthist to participate in any programs, educational or otherwise, that falsely or deceptively represent the rights and privileges of the profession.(iii) It is unethical for the pedorthist to falsify his/her continuing education units.(iv) A pedorthist shall teach only in areas of service within his/her credentials.(F) Standards of practice. The pedorthist should adhere to a standard of practice as outlined in the Act and rules and as guided by the American Board for Certification in Orthotics, Prosthetics & Pedorthics (ABC) and the Board for Orthotist/Prosthetist Certification (BOC). The pedorthist can engage in practice beyond the standards of practice if the pedorthist is directly supervised by a practitioner certified to perform those services or if the pedorthist holds credentials in that profession.(4) Patient care by other professionals.(A) The pedorthist should conduct himself/herself in a professional manner.(B) Concerns regarding patient care provided by physicians or other medical professionals should be addressed directly to the professional rather than to the patient. In the event that such concerns rise to the level of criminal violation, incompetency, malpractice or a violation of the Oklahoma law or the rules of the Board, then the pedorthist must immediately notify the Board or other appropriate regulatory agency.(C) It is unethical for a pedorthist to indulge in action or statements that can be construed by the patient or another as critical of the patient's case.(5) Licensure. The pedorthist shall use the fact that they are licensed only as evidence of meeting the requisite standard of knowledge and competency in the profession as defined by the Board. It is unethical for a non-licensed pedorthist to represent, directly or indirectly, that he or she is licensed.