§ 5-40-13. Grounds for discipline of licensees.
(a) The board has power to deny, revoke, or suspend any license issued by the department
or applied for in accordance with this chapter, or to discipline a person licensed
under this chapter, upon proof that the person has engaged in unprofessional conduct
including, but not limited to:
(1) Fraud or deceit in procuring, or attempting to procure, a license or in the practice
of physical therapy;
(2) Is habitually intemperate or is addicted to the use of habit-forming drugs;
(3) Is mentally or professionally incompetent;
(4) Has repeatedly violated any of the provisions of this chapter;
(5) Providing services to a person who is making a claim as a result of a personal injury,
who charges or collects from the person any amount in excess of the reimbursement
to the physical therapist by the insurer as a condition of providing or continuing
to provide services or treatment;
(6) Conviction, including a plea of nolo contendere, of one or more of the offenses listed
in §â€‚23-17-37;
(7) Abandonment of a patient;
(8) Promotion by a physical therapist or physical therapist assistant of the sale of drugs,
devices, appliances, or goods or services provided for a patient in a manner as to
exploit the patient for the financial gain of the physical therapist or physical therapist
assistant;
(9) Making or filing false reports or records in the practice of physical therapy;
(10) Repeated failure to file or record, or impede or obstruct a filing or recording, or
inducing another person to fail to file or record physical therapy reports;
(11) Failure to furnish patient records upon proper request;
(12) Practice as a physical therapist assistant without supervision by a physical therapist
licensed in the state of Rhode Island;
(13) Incompetent or negligent misconduct in the practice of physical therapy;
(14) Revocation, suspension, surrender, or limitation of privilege based on quality of
care provided or disciplinary action against a license to practice as a physical therapist
or physical therapist assistant in another 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 and regulations or departure from or
failure to conform to the current standards of acceptable and prevailing practice
and code of ethics of physical therapy;
(17) Practicing, or offering to practice, beyond the scope of the practice of physical
therapy.
(b) Whenever a patient seeks or receives treatment from a physical therapist without referral
from a doctor of medicine, osteopathy, dentistry, podiatry, chiropractic, physician
assistant, or certified registered nurse practitioner, the physical therapist shall:
(1) Disclose to the patient, in writing, the scope and limitations of the practice of
physical therapy and obtain his or her consent in writing; and
(2) Refer the patient to a doctor of medicine, osteopathy, dentistry, podiatry, or chiropractic
within ninety (90) days after the date treatment commenced; provided, that a physical
therapist is not required to make this referral after treatment is concluded.
(3) [Deleted by P.L. 2017, ch. 130, §â€‚1 and P.L. 2017, ch. 312, §â€‚1].
(c) For purposes of this chapter and notwithstanding any other provisions of this chapter
or any rules or regulations adopted by the board, any person licensed or registered
under this chapter who is a bona fide employee or independent contractor of a physician
or a physician group entitled to wages and compensation pursuant to such employment
or contract, or is a co-owner of a physical therapy practice with a physician group,
shall not be deemed to be engaged in conduct unbecoming a person licensed or registered
under this chapter, or to be engaged in conduct detrimental to the best interest of
the public, or to be in violation of any other provision of this chapter by virtue
of any of the above relationships, and shall not be subject to licensure denial, suspension,
revocation, or any other disciplinary action or penalty under this chapter:
(1) Solely by virtue of such employment or contract; or
(2) Solely by virtue of the provision of physical therapy services pursuant to a referral
from the employing or contracting physician or physician group.
Any such interest referenced in this paragraph shall be in accordance with federal
and state law, specifically including, but not limited to, chapter 48.1 of this title.