§ 5-40-13 - Grounds for discipline of licensees.
SECTION 5-40-13
§ 5-40-13 Grounds for discipline oflicensees. – (a) The board has power to deny, revoke, or suspend any license issued by thedepartment or applied for in accordance with this chapter, or to discipline aperson licensed under this chapter upon proof that said person has engaged inunprofessional conduct including, but not limited to:
(1) Fraud or deceit in procuring or attempting to procure alicense or in the practice of physical therapy;
(2) Is habitually intemperate or is addicted to the use ofhabit forming drugs;
(3) Is mentally and/or professionally incompetent;
(4) Has repeatedly violated any of the provisions of thischapter;
(5) Providing services to a person who is making a claim as aresult of a personal injury, who charges or collects from the person any amountin excess of the reimbursement to the physical therapist by the insurer as acondition of providing or continuing to provide services or treatment;
(6) Conviction, including a plea of nolo contendere, of oneor more of the offenses listed in § 23-17-37;
(7) Abandonment of a patient;
(8) Promotion by a physical therapist or physical therapistassistant of the sale of drugs, devices, appliances, or goods or servicesprovided for a patient in a manner as to exploit the patient for the financialgain of the physical therapist or physical therapist assistant;
(9) Making or filing false reports or records in the practiceof physical therapy;
(10) Repeated failure to file or record, or impede orobstruct a filing or recording, or inducing another person to fail to file orrecord physical therapy reports;
(11) Failure to furnish patient records upon proper request;
(12) Practice as a physical therapist assistant withoutsupervision by a physical therapist licensed in the state of Rhode Island;
(13) Incompetent or negligent misconduct in the practice ofphysical therapy;
(14) Revocation, suspension, surrender, or limitation ofprivilege based on quality of care provided or disciplinary action against alicense to practice as a physical therapist or physical therapist assistant inanother state, jurisdiction, or country;
(15) Failure to furnish the board, administrator,investigator, or representatives information legally requested by the board;
(16) Violation of this chapter or any of the rules andregulations or departure from or failure to conform to the current standards ofacceptable and prevailing practice and code of ethics of physical therapy.
(b) Whenever a patient seeks or receives treatment from aphysical therapist without referral from a doctor of medicine, osteopathy,dentistry, podiatry, chiropractic, physician assistant, or certified registerednurse practitioner, the physical therapist shall:
(1) Disclose to the patient, in writing, the scope andlimitations of the practice of physical therapy and obtain their consent inwriting; and
(2) Refer the patient to a doctor of medicine, osteopathy,dentistry, podiatry, or chiropractic within ninety (90) days after the datetreatment commenced; provided, that a physical therapist is not required tomake this a referral after treatment is concluded;
(3) No physical therapist who has less than one year clinicalexperience as a physical therapist shall commence treatment on a patientwithout a referral from a doctor of medicine, osteopathy, dentistry, podiatry,chiropractic, physician assistant, or certified registered nurse practitioner.
(c) For purposes of this chapter and notwithstanding anyother provisions of this chapter or any rules or regulations adopted by theboard, any person licensed or registered under this chapter who is a bona fideemployee or independent contractor of a physician or a physician group entitledto wages and compensation pursuant to such employment or contract, or is aco-owner of a physical therapy practice with a physician group, shall not bedeemed to be engaged in conduct unbecoming a person licensed or registeredunder this chapter, or to be engaged in conduct detrimental to the bestinterest of the public, or to be in violation of any other provision of thischapter by virtue of any of the above relationships, and shall not be subjectto licensure denial, suspension, revocation, or any other disciplinary actionor penalty under this chapter:
(1) Solely by virtue of such employment or contract; or
(2) Solely by virtue of the provision of physical therapyservices pursuant to a referral from the employing or contracting physician orphysician group.
Any such interest referenced in this paragraph shall be inaccordance with federal and state law, specifically, including, but not limitedto, chapter 5-48.1.