§ 43-26.1-13 — Grounds for disciplinary actions

North Dakota § 43-26.1-13

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-26.1: Physical Therapists

Text

The board may refuse to license any physical therapist or physical therapist assistant, may
discipline, or may suspend or revoke the license of any physical therapist or physical therapist
assistant for any of the following grounds:
1. Violating any provision of this chapter, board rules, or a written order of the board.
2. Practicing or offering to practice beyond the scope of the practice of physical therapy.
3. Failing to refer a patient or client to an appropriate practitioner if the diagnostic process
reveals findings that are outside the scope of a physical therapist's knowledge,
experience, or expertise.
4. Obtaining or attempting to obtain a license by fraud or misrepresentation.
5. Engaging in the performance of substandard physical therapy care due to a deliberate
or negligent act or failure to act, regardless of whether actual injury to the patient is
established.
6. Engaging in the performance of substandard care by a physical therapist assistant,
including exceeding the authority to perform components of intervention selected by
the supervising physical therapist regardless of whether actual injury to the patient is
established.
7. Failing to supervise physical therapist assistants or physical therapy aides in
accordance with this chapter and board rules.
8. A determination by the board that a licensee's conviction of an offense has a direct
bearing on the licensee's ability to serve the public as a physical therapist or physical
therapist assistant or that, following conviction of any offense, the holder is not
sufficiently rehabilitated as provided under section 12.1-33-02.1.
9. Practicing as a physical therapist or working as a physical therapist assistant when
physical or mental abilities are impaired by the use of controlled substances or other
habit-forming drugs, chemicals, alcohol, or by other causes.
10. Having had a license revoked or suspended, other disciplinary action taken, or an
application for licensure refused, revoked, or suspended by the proper authorities of
another state, territory, or country.
11. Engaging in sexual misconduct. For the purpose of this subsection sexual misconduct
includes:
a. Engaging in or soliciting sexual relationships, whether consensual or
nonconsensual, while a physical therapist or physical therapist assistant-patient
relationship exists, except with a spouse.
b. Making sexual advances, requesting sexual favors, or engaging in other verbal
conduct or physical contact of a sexual nature with patients or clients.
c. Intentionally viewing a completely or partially disrobed patient in the course of
treatment if the viewing is not related to patient diagnosis or treatment under
current practice standards.
12. Failing to adhere to the standards of ethics of the physical therapy profession adopted
by rule by the board.
13. Charging unreasonable or fraudulent fees for services performed or not performed.
14. Making misleading, deceptive, untrue, or fraudulent representations in violation of this
chapter or in the practice of the profession.
15. Having been adjudged mentally incompetent by a court.
16. Aiding and abetting a person who is not licensed in this state in the performance of
activities requiring a license.

17. Failing to report to the board, when there is direct knowledge, any unprofessional,
incompetent, or illegal acts that appear to be in violation of this chapter or any rules
established by the board.
18. Interfering with an investigation or disciplinary proceeding by failure to cooperate, by
willful misrepresentation of facts, or by the use of threats or harassment against any
patient or witness to prevent that patient or witness from providing evidence in a
disciplinary proceeding or any legal action.
19. Failing to maintain adequate patient records. For the purposes of this subsection,
"adequate patient records" means legible records that contain at a minimum sufficient
information to identify the patient, an evaluation of objective findings, a diagnosis, a
plan of care, a treatment record, and a discharge plan.
20. Failing to maintain patient confidentiality without the written authorization of the patient
or unless otherwise permitted by law. All records used or resulting from a consultation
under section 43-51-03 are part of a patient's records and are subject to applicable
confidentiality requirements.
21. Promoting any unnecessary device, treatment intervention, or service resulting in the
financial gain of the practitioner or of a third party.
22. Providing treatment intervention unwarranted by the condition of the patient or
continuing treatment beyond the point of reasonable benefit.
23. Participating in underutilization or overutilization of physical therapy services for
personal or institutional financial gain.
24. Attempting to engage in conduct that subverts or undermines the integrity of the
examination or the examination process, including a violation of security and copyright
provisions related to the national licensure examination; utilizing recalled or
memorized examination questions from or with any person; communicating or
attempting to communicate with other examinees during the examination; or copying
or sharing examination questions or portions of questions.