Chapter 490-9 CODE OF ETHICS
This code shall apply to all licensed physical therapists,
physical therapists assistants, and all individuals recognized in the delivery
of patient care under Chapter 33 of Title 43 in the State of Georgia. It is
intended to provide guidelines by which the licensees and others can determine
the propriety of conduct. Anyone found guilty of violating the ethical
standards, as set forth in this chapter, shall be guilty of violating Official
Code of Georgia Annotated Section
43-33-18(a)
(6).
Any individual who is licensed as a physical therapist shall
abide by the following ethical standard:
| (1) |
Act with consideration, within the scope
of physical therapy, for the rights and dignity of all individuals.
| (a) |
The physical therapist shall hold as
confidential information obtained while acting in a professional
capacity. |
| (b) |
The physical
therapist shall provide optimal physical therapy care for all patients
regardless of patient race, gender, age, religion, disability or sexual
preference. |
| (c) |
The physical
therapist should balance considerations of the patient's physical,
psychological and socioeconomic welfare in professional decisions and actions
and document these considerations in the patient's record of care. |
| (d) |
The physical therapist shall communicate
and interact with patients and all persons encountered in a professional
capacity with courteous regard and timeliness. |
| (e) |
The physical therapist shall not engage
in any behavior that constitutes harassment or abuse of a patient, professional
colleague or associate. |
|
| (2) |
Comply with the laws and regulations
governing the practice of physical therapy in the State of Georgia.
| (a) |
Physical therapists are to practice
(consultation, evaluations, treatment, research, education, administration and
preventive care) in accordance with the state practice act. |
|
| (3) |
Accept responsibility for the
exercise of sound judgment.
| (a) |
When
implementing treatment, physical therapists shall assume the responsibility for
evaluating that individual; planning, implementing, and supervising the
therapeutic program; reevaluating and changing the program; and maintaining
adequate records of the case, including progress reports. |
| (b) |
When performing wellness and preventative
services, physical therapists shall assume responsibility for providing optimal
patient care. |
| (c) |
When the
individual's needs are beyond the scope of the physical therapist's expertise,
the physical therapist shall so inform and assist the individual in identifying
a qualified person to provide the necessary services. |
| (d) |
When the physical therapists judge that
benefit can no longer be obtained from their services, they shall so inform the
individual receiving the services. It is unethical to initiate or continue
services that, in the therapist's judgment, either cannot result in beneficial
outcome or are contraindicated. |
| (e) |
The physical therapist's ability to make independent judgment must not be
limited or compromised by professional affiliations, including employment
relationships. |
| (f) |
Physical
therapists are not to delegate to a less qualified person any activity which
requires the unique skills, knowledge, and judgment of a physical
therapist. |
| (g) |
The primary
responsibility for physical therapy care assisted by supportive personnel rests
with the supervising physical therapist. Adequate supervision requires, at a
minimum, that a supervising physical therapist perform the following
activities:
| 1. |
Establish effective channels of
written and oral communication; |
| 2. |
Interpret and communicate critical information about the patient to the
supportive personnel; |
| 3. |
Perform an
initial evaluation of the patient; |
| 4. |
Develop a plan of care, including short
and long-term goals; |
| 5. |
Delegate
appropriate tasks to supportive personnel; |
| 6. |
Assess the supportive personnel's
competence to perform assigned tasks; |
| 7. |
Provide supervision in accordance with the
law, the patient's condition, and the specific situation; |
| 8. |
Identify and document precautions, special
programs, contraindications, goals, anticipated progress, and plans for
re-evaluation; |
| 9. |
Re-evaluate the
patient, modify the plan of care when necessary, perform the final evaluation,
and establish a follow-up plan. |
|
| (h) |
Physical therapists are obligated to
advise their employer(s) of any practice which causes a physical therapist to
be in conflict with the ethical principles of this section. Physical therapists
are to attempt to rectify any aspect(s) of their employment which is in
conflict with the principles of this section. |
|
| (4) |
Seek remuneration for their services that
is deserved and reasonable.
| (a) |
Fees for
physical therapy services should be reasonable for the service performed,
considering the setting in which it is provided, practice costs in the
geographic area, judgment of other organizations, and other relevant
factors. |
| (b) |
Physical therapists
shall not:
| 1. |
directly or indirectly request,
receive, or participate in the dividing, transferring, assigning, or rebating
of an unearned fee; |
| 2. |
profit by
means of a credit or other valuable consideration, such as an unearned
commission, discount, or gratuity in connection with furnishing of physical
therapy services; |
| 3. |
use influence
upon individuals, or families of individuals under their care for utilization
of any product or service based upon the direct or indirect financial interest
of the physical therapist. |
|
|
| (5) |
Provide accurate information to the
consumer about the profession and the services provided.
| (a) |
Physical therapists are not to use, or
participate in the use of, any form of communication containing false,
plagiarized, fraudulent, misleading, deceptive, or unfair statements. |
|
| (6) |
Accept the responsibility to
protect the public and the profession from unethical, incompetent, or illegal
acts.
| (a) |
Physical therapists shall report any
activity which appears to be unethical, incompetent, or illegal to the proper
authorities. |
| (b) |
Physical
therapists shall not participate in any arrangement in which patients are
exploited due to the referring sources enhancing their personal incomes as a
result of referring, prescribing, or recommending physical therapy or a
specific physical therapy practice. |
| (c) |
If a physical therapist is involved in an
arrangement with a referring source in which income is derived from the
services, the physical therapist has an obligation to disclose to the patient,
within the scope of the state law, the nature of the income. |
|
Any individual who is licensed as a physical therapist
assistant shall abide by the following ethical standards:
| (1) |
Act with consideration, within the scope
of physical therapy, for the rights and dignity of all individuals.
| (a) |
The physical therapist assistant shall
hold as confidential information obtained while functioning as a physical
therapist assistant. |
| (b) |
The
physical therapist assistant shall provide optimal physical therapy care for
all patients delegated by the physical therapist regardless of patient race,
gender, age, religion, disability or sexual preference. |
| (c) |
The physical therapist assistant should
be aware of the patient's physical, psychological and socioeconomic welfare in
decisions and actions taken while rendering treatment. |
| (d) |
The physical therapist assistant shall
communicate and interact with patients and all persons encountered with
courteous regard and timeliness. |
| (e) |
The physical therapist assistant shall
not engage in any behavior that constitutes harassment or abuse of a patient,
professional colleague or associate. |
|
| (2) |
Comply with the laws and regulations
governing the practice of physical therapy in the State of Georgia.
| (a) |
Physical therapist assistants are to
practice only under the supervision of a licensed physical therapist. |
|
| (3) |
Accept responsibility for the
exercise of sound judgement.
| (a) |
Upon
accepting delegation from a physical therapist, the physical therapist
assistant shall provide services within the plan of care established by the
physical therapist. |
| (b) |
When the
individual's needs are beyond the scope of the physical therapist assistant's
expertise, the physical therapist assistant shall inform the supervising
physical therapist. |
| (c) |
When the
physical therapistassistant determines that a change in the plan of care is
needed, the assistant will contact the supervising physical therapist and
request reevaluation of the patient's status. |
| (d) |
When the physical therapist assistant
determines that the patient has received maximum benefits from physical
therapy, he/she shall so inform the supervising physical therapist. |
| (e) |
Physical therapist assistants are not to
delegate to a less qualified person any activity which requires the unique
skills, knowledge, and judgement of a physical therapist assistant. |
| (f) |
The primary responsibility for physical
therapy care assisted by supportive personnel rests with the supervising
physical therapist. Adequate supervision is the responsibility of both the
physical therapist and the physical therapist assistant. To insure appropriate
supervision, the physical therapist assistant is expected to:
| 1. |
Maintain effective channels of written and
oral communication. |
| 2. |
Communicate
critical information about the patient to the supervising physical therapist in
a timely manner. |
| 3. |
Function within
the established plan of care. |
| 4. |
Identify and document treatment activities and all special
occurrences. |
| 5. |
Request
re-evaluation of the patient and/or modification of the plan of care when
necessary. |
|
| (g) |
Physical
therapist assistants are obligated to advise their employer(s) of any practice
which causes a physical therapist or a physical therapist assistant to be in
conflict with the ethical principles of this section. Physical therapist
assistants are to attempt to rectify any aspect(s) of their employment which is
in conflict with the principles of this section. |
|
| (4). |
Seek remuneration for their services
that is deserved and reasonable.
| (a) |
Physical
therapist assistants shall not:
| 1. |
Directly or
indirectly request, receive, or participate in the dividing, transferring,
assigning, or rebating of an unearned fee; |
| 2. |
Profit by means of a credit or other
valuable consideration, such as an unearned commission, discount, or gratuity
in connection with furnishing of physical therapy services; |
| 3. |
Use influence upon individuals, or
families of individuals under their care for utilization of any product or
service based upon the direct or indirect financial interest of the physical
therapist assistant; |
|
|
| (5) |
Provide accurate information to the
consumer about the profession and the services provided.
| (a) |
Physical therapist assistants are not to
use, or participate in the use of, any form of communication containing false,
plagiarized, fraudulent, misleading, deceptive, or unfair statements. |
|
| (6) |
Accept the responsibility to
protect the public and the profession from unethical, incompetent, or illegal
acts.
| (a) |
Physical therapist assistants shall
report any activity which appears to be unethical, incompetent, or illegal to
the proper authorities. |
| (b) |
Physical therapist assistants shall not participate in any arrangement in which
patients are exploited due to the referring sources enhancing their personal
incomes as a result of referring, prescribing, or recommending physical therapy
or a specific physical therapy practice. |
| (c) |
If a physical therapist assistant is
involved in an arrangement with a referring source in which income is derived
from the services, the physical therapist assistant has an obligation to
disclose to the patient, within the scope of the State Law, the nature of the
income. |
|
When providing physical therapy treatment following appropriate
consultation, unprofessional and unethical conduct shall include but is not
limited to the following:
| (a) |
Failing
to adhere to the Code of Ethics for Physical Therapists and Physical Therapists
Assistants, as codified in Rules
490-9-.01 through
490-9-.03. |
| (b) |
Delegating to an aide or unlicensed
person any physical therapy task other than those codified in Chapter
490-8. |
| (c) |
Failing to provide
continuous, immediate and physically present supervision of the aide or
unlicensed person when designated tasks are performed. |
| (d) |
Performing the technique of dry needling
without having met the training and competency requirements as codified in Rule
490-9-.05. |
| (e) |
Failing to adhere to the 'Consumer
Information and Awareness Act' as codified in O.C.G.A. § 43-1-33 in relation to
conspicuously posting and affirmatively communicating your type of regulatory
designator (PT, PTA), level of education, and training to all current and
prospective patients by way of a name badge, facility notices and
advertisements. |
| (f) |
Failing to
provide an evaluation on each patient and establishing a physical therapy
diagnosis. |
| (g) |
Failing to formulate
and record in the patient's record a treatment program based upon the
evaluation and any other information available. |
| (h) |
Failing to perform periodic evaluation of
the patient and documenting the evaluations in the patient's record and to make
adjustments to the patient's treatment program as progress warrants. |
| (i) |
Failing to formulate and record a
patient's discharge plan. |
| (j) |
Directly or indirectly requesting, receiving or participating in the division,
transferring, assigning, rebating or refunding of fees or remuneration earned,
in cash or kind, for bringing or referring a patient. For purposes of this
Rule:
| 1. |
No physical therapist, physical
therapy assistant, employee or agent thereof acting on his behalf, shall enter
into or engage in any agreement or arrangement with any individual, entity, or
an employee or agent thereof acting on his behalf, for the payment or
acceptance or compensation in any form for the referral or recommending of the
professional services of either. This prohibition includes any form of fee
division or charging of fees solely for referral of a patient. |
| 2. |
This prohibition shall include a rebate or
percentage of rental agreement or any arrangement or agreement whereby the
amount received in payment for furnishing space, facilities, equipment or
personnel services. |
| 3. |
Provided
further, that this Rule shall not preclude a discount, waiver of co-payment or
other reduction in price of services by a physical therapist if the reduction
in price is properly disclosed to the consumer and third party payers and
appropriately reflected in the costs claimed or charges made. |
|
| (k) |
Should it be determined that a
licensee is in violation of this rule and the statutes referenced herein, the
Board may impose any disciplinary or corrective measure allowed by
law. |
| (1) |
Dry needling is
a skilled technique performed by a physical therapist using filiform needles to
penetrate the skin and underlying tissues to affect change in body structures
and functions for the evaluation and management of neuromusculoskeletal
conditions, pain, movement impairments, and disability for preventative and
therapeutic purposes. |
| (2) |
Dry
needling must be performed by a licensed physical therapist who:
| (a) |
Has consulted with an individual licensed
pursuant to Article 2 or 4 of Chapter 34 of Title 43; and, |
| (b) |
Is specifically trained and competent by
virtue of education and training to perform dry needling.
Online study for dry needling instruction, with the exception
of OSHA Blood Borne Pathogens Standards, will not be accepted as a
demonstration of competence and training. |
|
| (3) |
A physical therapist has
demonstrated specific and competent education and training when the licensee
has submitted the following documentation to the Board:
| (a) |
Proof of education in the OSHA Blood
Borne Pathogens Standard: and, |
| (b) |
At least one of the following:
| 1. |
Proof of
graduation from an entry-level physical therapy program that included dry
needling instruction consisting of a minimum of 50 hours total and a competency
assessment of achievement in its curriculum; or |
| 2. |
Proof of graduation from a post-graduate
credentialed residency or fellowship program of study that included dry
needling instruction consisting of a minimum of 50 hours total and a competency
assessment of achievement in its curriculum; or |
| 3. |
Proof of documented, successful completion
of a didactic dry needling course of study consisting of a minimum of 50 hours
total and a competency assessment of achievement in its curriculum. |
|
|
| (4) |
Effective July 1,
2018, to perform dry needling in the state of Georgia licensed physical
therapists and physical therapists applying for licensure must submit
documentation of dry needling education and training into the online recording
and reporting system approved by the Board.
| (a) |
For the purposes of this requirement, the
Georgia State Board of Physical Therapy adopts the utilization of aPTitude
offered by the Federation of State Boards of Physical Therapy
(FSBPT). |
| (b) |
Licensees and
applicants shall incur no additional costs from the FSBPT for this
service. |
| (c) |
Every licensee or
applicant subject to the rules of the Georgia State Board of Physical Therapy
shall be deemed to have given such person's consent to the Board and its
representatives to access their record retained within the online database for
the purposes of auditing and verifying completion of the requirements for dry
needling. Such person waives all objections to the admissibility of the record
in any proceedings or hearings before the board. |
|
| (5) |
At the time of license renewal, each
licensed physical therapist approved to perform dry needling shall attest that
he or she is practicing dry needling in the state of Georgia in accordance to
the rules and regulations of the Georgia State Board of Physical
Therapy. |
| (6) |
A violation of the
provisions outlined in this Board rule or a false attestation on the renewal
application is grounds for disciplinary action as determined by the
Board. |
| (1) |
The purpose of
this rule is to define and establish guidelines for the practice of telehealth
by the spectrum of technologies involving interactive physical therapy
services. |
| (2) |
Telehealth has been
defined as the use of electronic communications to provide and deliver a host
of health related information and health care services including, but not
limited to physical therapy related information and services, over large and
small distances. Telehealth encompasses a variety of health care and health
promotion activities including, but not limited to, education, advice,
reminders, interventions, and monitoring of interventions. All provisions of
Physical Therapy utilizing telehealth mechanisms must:
| (a) |
conform to all Federal and State
statutes, rules, regulations and policies governing the practice of physical
therapy in the State of Georgia. |
| (b) |
With the exception of practices and
services identified in O.C.G.A. § 43-33-11(d),
individuals providing physical therapy via telehealth to a patient/client in
the State of Georgia must be licensed in the State of Georgia. |
| (c) |
A physical therapist that is licensed in
another jurisdiction of the United States may provide a consultation via
telehealth to a physical therapist in the state of Georgia. |
|
