201 KAR 28:140. Code of ethics and unprofessional conduct

Link to law: http://www.lrc.ky.gov/kar/201/028/140.htm
Published: 2015

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      201 KAR 28:140. Code of ethics and

unprofessional conduct.

 

      RELATES

TO: KRS 319A.160, 319A.190

      STATUTORY

AUTHORITY: KRS 319A.070(1), (3), 319A.190

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 319A.070(3)(a) authorizes the board to promulgate

administrative regulations and administer the provisions of KRS Chapter 319A. KRS

Chapter 319A provides for the denial, refusal to renew, suspension, revocation,

or imposition of probationary conditions upon a license for various violations

of the Act and violation of the administrative regulations promulgated pursuant

thereto. This administrative regulation sets forth a description of the code of

ethics and unprofessional conduct.

 

      Section

1. The following code of ethics consists of general guidelines for occupational

therapy practice. The code of ethics shall be as established in this section.

      (1)

An OT/L or an OTA/L shall be responsible for providing services without regard

to race, creed, national origin, sex, age, handicap, disease, social status,

financial status, or religious affiliation.

      (2)

An OT/L or an OTA/L shall be acquainted with applicable local, state, federal,

and institutional rules and shall function accordingly.

      (3)

An OT/L or an OTA/L shall be responsible for informing employers, employees,

and colleagues about those laws and policies that apply to the profession of

occupational therapy.

      (4)

An OT/L or an OTA/L shall not use or participate in the use of any form of

communication that contains a false, fraudulent, deceptive, or unfair statement

or claim.

      (5)

An OT/L or an OTA/L shall report any illegal, incompetent, or unethical practice

to the appropriate authority.

      (6)

An OT/L or an OTA/L shall hold the appropriate credentials for providing

service.

      (7)

An OT/L or an OTA/L shall actively maintain high standards of professional

competence.

      (8)

An OT/L or an OTA/L shall function within the parameters of his or her competence

and the standards of the profession.

      (9)

An OT/L or an OTA/L shall accurately represent his or her competence and

training to the public.

      (10)

An OT/L or an OTA/L shall refer clients to other service providers or consult

with other service providers when additional knowledge and expertise is

required.

      (11)

An OT/L or an OTA/L shall protect the confidential nature of information gained

from educational, practice, and investigational activities unless sharing the

information is necessary to protect the well-being of a third party.

      (12)

An OT/L or an OTA/L shall not disclose privileged information when

participating in reviews of peers, programs, or systems.

      (13)

An OT/L or an OTA/L shall include those people served in the intervention

planning process.

      (14)

An OT/L or an OTA/L shall maintain goal-directed and objective relationships

with all people served.

      (15)

An OT/L or an OTA/L shall accurately record and report client information.

      (16)

An OT/L or an OTA/L shall inform those people served of the nature and

potential outcomes of therapy and shall respect the right of potential

recipients of service to refuse therapy.

      (17)

An OT/L or an OTA/L shall inform subjects involved in education or research

activities of the potential outcome of those activities.

      (18)

An OT/L or an OTA/L shall take all reasonable precautions to avoid harm to the

recipient of services or detriment to the recipient's property.

      (19)

An OT/L or an OTA/L shall establish fees, based on cost analysis, that are commensurate

with services rendered.

      (20)

An OT/L or an OTA/L shall require those whom they supervise to adhere to ethical

standards of conduct.

      (21)

An OT/L or an OTA/L who employs or supervises colleagues shall provide

appropriate supervision as required by 201 KAR 28:130.

      (22)

An OT/L or an OTA/L shall recognize the contributions of colleagues when

disseminating professional information.

 

      Section

2. Failure to comply with any of the provisions in this section shall

constitute unprofessional conduct in the practice of occupational therapy.

      (1)

An OT/L or an OTA/L shall report to the board any violation of KRS Chapter 319A

or 201 KAR Chapter 28.

      (2)

An OT/L or an OTA/L shall report a change of name or address to the board

within thirty (30) days after a change of name or address occurs.

      (3)

An OT/L or an OTA/L shall notify the board within thirty (30) days after being

adjudged guilty of malpractice by a court of competent jurisdiction.

      (4)

An OT/L or an OTA/L shall comply with any subpoena issued by the board.

      (5)

An OT/L or an OTA/L shall not permit another person to use his or her license

for any purpose.

      (6)

An OT/L or an OTA/L shall not delegate to an unlicensed employee or person a

service which requires the skill, knowledge, or judgment of an OT/L or an

OTA/L.

      (7)

An OT/L or an OTA/L shall inform the referring source when any requested

occupational therapy service is contraindicated, in the professional judgment

of the licensee, and may refuse to carry out that request.

      (8)

An OT/L shall competently provide the following minimum services:

      (a)

Proper interpretation of all referrals;

      (b)

Proper client evaluations;

      (c)

The identification and documentation of the client’s problems and goals;

      (d)

The identification and documentation of an intervention plan;

      (e)

The appropriate occupational therapy services called for by the plan of care;

      (f)

A determination of the appropriate portions of the therapy program to be

delegated to assistive personnel;

      (g)

A determination of the assistive personnel’s qualifications by training,

experience, license, or certification to perform tasks before delegating those

tasks;

      (h)

The appropriate supervision of individuals as required by 201 KAR 28:130;

      (i)

Timely client reevaluations; and

      (j)

Maintain timely and adequate client records of all occupational therapy

activity and client response.

      (9)

An OTA/L shall competently provide the following minimum services as

appropriate:

      (a)

Seek appropriate supervision as required by 201 KAR 28:130;

      (b)

The appropriate therapy called for by the intervention plan;

      (c)

A determination of the appropriate portions of the therapy program to be

delegated to assistive personnel;

      (d)

A determination of the assistive personnel’s qualifications by training,

experience, license, or certification to perform tasks before delegating those

tasks;

      (e)

The appropriate supervision of individuals as required by 201 KAR 28:130; and

      (f)

Maintain timely and adequate client records of all occupational therapy

activity and client response.

      (10)(a)

An OT/L or an OTA/L shall not provide occupational therapy services in an

incompetent manner.

      (b)

Incompetent practice includes:

      1.

A lack of the knowledge, judgment, or skill necessary to perform those

modalities, methods, and techniques that come within the practice of

occupational therapy;

      2.

A deviation below the standard of practice ordinarily possessed and applied by

other OT/Ls and OTA/Ls in the Commonwealth of Kentucky acting in the same or

similar circumstances; or

      3.

A willful or repeated departure from or the failure to conform to the minimal

standard of acceptable and prevailing practice of occupational therapy in the Commonwealth

of Kentucky.

      (11)

An OT/L or an OTA/L shall address goals identified in the evaluation and

intervention plan.

      (12)

An OT/L or an OTA/L shall not continue occupational therapy services beyond the

point of possible benefit to the client or provide therapy to the client more

frequently than necessary to obtain the maximum therapeutic effect.

      (13)

An OT/L or an OTA/L shall not engage in false or misleading advertising,

betrayal of a professional confidence, or falsification of a client's records.

      (14)(a)

An OT/L or an OTA/L shall not seek to obtain payment of a professional fee or

compensation of any form through fraudulent means.

      (b)

Seeking payment or compensation through fraudulent means includes:

      1.

Reporting incorrect service dates for the purpose of obtaining payment;

      2.

Reporting charges for services not actually rendered other than unkept

appointments;

      3.

Incorrectly reporting services rendered for the purpose of obtaining payment which

is greater than that to which the licensee or the licensee’s employer is

entitled;

      4.

Aiding a recipient of services in fraudulently obtaining payment from a third party;

or

      5.

Otherwise falsifying a record for the purpose of obtaining a payment.

      (15)

An OT/L or an OTA/L shall not directly or indirectly request, receive, or

participate in the dividing, transferring, assigning, rebating, or refunding of

an unearned fee or profit by means of a credit or other valuable consideration

as an unearned commission, discount, or gratuity in connection with the

furnishing of occupational therapy services.

      (16)

An OT/L or an OTA/L shall not abuse alcohol or any controlled substance which

affects the licensee's ability to engage in the practice of occupational

therapy in a safe and competent manner.

      (17)

An OT/L or an OTA/L shall not verbally or physically abuse a client.

      (18)(a)

An OT/L or an OTA/L shall not engage in acts of sexual misconduct with

recipients of their services or in their presence.

      (b)

Sexual misconduct includes:

      1.

Engaging in or soliciting a sexual relationship, whether consensual or

nonconsensual; or

      2.

Making sexual advances, requesting sexual favors, or engaging in other verbal conduct,

physical contact, or acts of a sexual nature. (13 Ky.R. 1189; eff. 1-13-1987; Am. 15

Ky.R. 1288; eff. 1-7-1989; 20 Ky.R. 1062; 1857; 2325; eff. 2-10-1994; 30 Ky.R.

87; 854; eff. 10-15-2003; 41 Ky.R. 1432; 2077; eff. 5-1-2015.)