PT 7.025   Unprofessional conduct.

PT 7.03   Complaints.

PT 7.04   Self-audits.

PT 7.01 PT 7.01 Authority and intent.

PT 7.01(1) (1) The definitions of this chapter are adopted by the board pursuant to the authority delegated by ss. 15.085 (5) (b) and 448.527, Stats., to establish the standards of ethical conduct by physical therapists and physical therapist assistants.

PT 7.01(2) (2) Physical therapists and physical therapist assistants are guided by values of accountability, altruism, compassion, caring, excellence, integrity, professional duty, and responsibility. As representatives of the physical therapy profession, they are obligated to empower, educate, and enable patients to facilitate greater independence, health, wellness, and enhanced quality of life. Physical therapists and physical therapist assistants must therefore act, at all times, with honesty, compliance with the law, reasonable judgment, competence, and respect for the patient’s dignity.

PT 7.01 History History: Cr. Register, September, 1995, No. 477, eff. 10-1-95; CR 03-020: am. Register April 2004 No. 580, eff. 5-1-04; CR 13-007: renum. to (1) and am., cr. (2) Register November 2013 No. 695, eff. 12-1-13.

PT 7.02 PT 7.02 Definitions. For the purposes of these rules:

PT 7.02(1) (1) “Negligence in the practice of physical therapy” means an act performed without the care and skill of a reasonable physical therapist or physical therapist assistant who performs the act in question, whether or not the negligent care results in actual harm to the patient.

PT 7.02(2) (2) “Patient health care record” has the meaning given in s. 146.81 (4), Stats.

PT 7.02(3) (3) “Sexual contact” has the meaning given in s. 948.01 (5), Stats.

PT 7.02(4) (4) “Sexually explicit conduct” has the meaning given in s. 948.01 (7), Stats.

PT 7.02 History History: Cr. Register, September, 1995, No. 477, eff. 10-1-95; correction in (18) made under s. 13.93 (2m) (b) 7., Stats.; Register, June, 1998, No. 510; CR 03-020: am. (1), cr. (19), (20) and (21) Register April 2004 No. 580, eff. 5-1-04; CR 13-007: r. and recr. Register November 2013 No. 695, eff. 12-1-13.

PT 7.025 PT 7.025 Unprofessional conduct. The term “unprofessional conduct” is defined to include violating, aiding, abetting, or conspiring to engage in any of the following:

PT 7.025(1) (1) Violating s. 448.57 (2) (a) to (g), Stats., other provision of chs. 440 and 448, Stats., or any provision of a board order.

PT 7.025(2) (2) Any physical therapist committing any act that constitutes a violation of the “Code of Ethics,” effective July 1, 2010, as approved by the American Physical Therapy Association and herein incorporated by reference.

PT 7.025 Note Note: Copies of the American Physical Therapy Association’s Code of Ethics may be obtained electronically at www.apta.org/ethics.

PT 7.025(3) (3) Any physical therapist assistant committing any act that constitutes a violation of the “Standards of Ethical Conduct,” effective July 1, 2010, as approved by the American Physical Therapy Association and herein incorporated by reference.

PT 7.025 Note Note: Copies of the American Physical Therapy Association’s Standards of Ethical Conduct may be obtained electronically at www.apta.org/ethics.

PT 7.025(4) (4) Engaging in fraud, deceit, or misrepresentation in applying for or procuring a license or compact privilege to practice physical therapy, in connection with applying for or procuring periodic renewal of a license, or in otherwise maintaining licensure or a compact privilege.

PT 7.025(5) (5) Failing to complete continuing competence requirements within the time period established by law.

PT 7.025(6) (6) Permitting or assisting any person to perform acts constituting the practice of physical therapy without sufficient qualifications, necessary credentials, adequate informed consent, or adequate supervision as required under chs. PT 3 and 5. The physical therapist is responsible for determining whether general, direct, or one-on-one supervision is necessary to protect the patient from unacceptable risk of harm. The physical therapist retains responsibility for delegated or supervised acts, unless the board determines that the delegate knowingly and willfully violated the supervisor’s direction or instruction.

PT 7.025(7) (7) Engaging in any act of fraud, deceit, or misrepresentation, including acts of omission, to the board or any person acting on the board’s behalf, including Department of Safety and Professional Services personnel.

PT 7.025(8) (8) Any practice or conduct that falls below the standard of minimal competence within the profession that results in unacceptable risk of harm to the patient, regardless of whether injury results.

PT 7.025(9) (9) Negligence in the practice of physical therapy, regardless of whether injury results.

PT 7.025(10) (10) 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 or alcohol, or by other causes.

PT 7.025(11) (11) Practicing physical therapy with a mental or physical condition that impairs the ability of the licensee to practice within the standard of minimal competence or without exposing the patient to an unacceptable risk of harm.

PT 7.025(12) (12) Performing any act constituting the practice of physical therapy on any patient without the patient’s informed consent or after the patient has withdrawn informed consent, whether verbally or in writing, or either of the following: