Section .0600 - DISCIPLINARY ACTION

21 NCAC 48G .0601         PROHIBITED ACTIONS

(a)  Behaviors and activities that may result in disciplinary action by the Board pursuant to G.S. 90-270.103(1), (6), (7), (8), and (9) and G.S. 90-270.102(4) include the following:

(1)           recording false or misleading data, measurements, or notes regarding a patient;

(2)           delegating responsibilities to a person when the licensee delegating knows or has reason to know that the competency of that person is impaired by physical or psychological ailments, or by alcohol or other pharmacological agents, prescribed or not;

(3)           practicing or offering to practice beyond the scope permitted by law;

(4)           accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;

(5)           performing, without adequate supervision as described in the rules in this Chapter, professional services that the licensee is authorized to perform only under the supervision of a licensed professional, except in an emergency situation where a person's life or health is in danger;

(6)           harassing, abusing, inappropriately touching, as defined in Rule 48A .0105(7) of this Chapter or intimidating a patient either physically or verbally;

(7)           failure to exercise supervision over persons who are authorized to practice only under the supervision of the licensed professional;

(8)           promoting an unnecessary device, treatment intervention, nutritional supplement, product, or service for the financial gain of the practitioner or of a third party as determined by the investigative committee;

(9)           offering, giving, soliciting, receiving, or agreeing to receive any fee or other consideration to or from a third party for the referral of a client;

(10)         failure to file a report, filing a false report, or failure to respond to an inquiry from the Board within 30 days from the date of issuance, required by the rules in this Subchapter, or impeding or obstructing such filing or inducing another person to do so;

(11)         revealing identifiable data, or information obtained in a professional capacity, without prior consent of the patient, except as authorized or required by law;

(12)         guaranteeing that a patient will benefit from the performance of professional services;

(13)         altering a license or renewal card by changing any information appearing thereon;

(14)         using a license or renewal card that has been altered;

(15)         permitting or allowing another person to use his or her license or renewal card for the practice of physical therapy;

(16)         delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such a person is not qualified by training, by experience, or by licensure to perform such responsibilities;

(17)         violating any term of probation, condition, or limitation imposed on the licensee by the Board;

(18)         soliciting or engaging in any activities of a sexual nature, including kissing, fondling, or touching any person while the person is under the care of a physical therapist or physical therapist assistant;

(19)         billing or charging for services or treatment not performed;

(20)         making treatment recommendations or basing a patient's continued treatment on the extent of third party benefits instead of the patient's condition;

(21)         willfully or intentionally communicating false or misleading information regarding a patient;

(22)         harassing, abusing, or intimidating any person, either physically or verbally, while engaged in the practice of physical therapy;

(23)         using a form of a license or renewal card that was not issued by the Board or is not current;

(24)         failing to record patient data within a reasonable period of time following evaluation, assessment, or intervention;

(25)         failing to pay the costs of investigation or otherwise to comply with an order of discipline;

(26)         failing to maintain legible patient records that contain an evaluation of objective findings, a diagnosis, a plan of care including desired outcomes, the treatment record including all elements of 21 NCAC 48C .0102(l) or 21 NCAC 48C .0201(f), a discharge summary or episode of care including the results of the intervention, and sufficient information to identify the patient and the printed name and title of each person making an entry in the patient record;

(27)         charging fees not supported by documentation in the patient record;

(28)         furnishing false or misleading information on an application for licensure and licensure renewal; and

(29)         engaging in misrepresentation or deceit, or exercising undue influence over a patient or former patient for the financial gain of the licensee.

(b)  When a person licensed to practice physical therapy in North Carolina is also licensed in another jurisdiction and that other jurisdiction takes disciplinary action against the licensee, the North Carolina Board of Physical Therapy Examiners shall determine whether the conduct found by the other jurisdiction also violates the North Carolina Physical Therapy Practice Act. The Board may impose the same or lesser disciplinary action upon receipt of the other jurisdiction's actions. The licensee may request a hearing. At the hearing, the issues shall be limited to:

(1)           whether the person against whom action was taken by the other jurisdiction and the North Carolina licensee are the same person;

(2)           whether the conduct found by the other jurisdiction also violates the North Carolina Physical Therapy Practice Act; and

(3)           whether the sanction imposed by the other jurisdiction is lawful under North Carolina law.

(c)  In accordance with G.S. 150B-3(c) a license may be summarily suspended if the Board determines the public health, safety, or welfare requires emergency action.

(d)  When the Board receives a notice from a Clerk of Superior Court that the license of a physical therapist or a physical therapist assistant has been forfeited pursuant to G.S. 15A-1331A, the licensee shall surrender the license to the Board within 24 hours and shall not engage in the practice of physical therapy during the period of forfeiture. Forfeiture under this Section shall not limit the Board's authority to take further disciplinary action against the licensee in accordance with the Board's rules.

History Note:        Authority G.S. 15A-1331.1; 90-270.90; 90-270.92; 90-270.102(4); 90-270.103; 150B-3;

Eff. October 1, 1995;

Amended Eff. February 1, 2015; July 1, 2013; December 1, 2006; August 1, 2002; August 1, 1998; February 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018;

Amended Eff. September 1, 2019.