DISCIPLINE
§ 40.181. Refusal, suspension or revocation of certification.
(a) Under section 9.1(f) of the act (63 P.S. § 1309.1(f)), the Board may refuse, suspend or revoke the certification of a person who has:
(1) Performed physical therapist assistant functions outside the scope of activities under § 40.171 (relating to functions of physical therapist assistants).
(2) Attempted to obtain or obtained registration by fraud or misrepresentation.
(3) Committed an act of gross negligence, or gross incompetence or repeated acts of negligence or incompetence in the providing of physical therapist assistant services.
(4) Been convicted of a felony or of a misdemeanor which relates to the person’s suitability for registration as a physical therapist assistant in a Federal, state, territorial or foreign court of competent jurisdiction. Conviction as used in this paragraph includes a finding, or verdict of guilt, an admission of guilt or a plea of nolo contendere.
(5) Become addicted to alcohol or hallucinogenic, narcotic or other drugs which tend to impair judgment or coordination.
(6) Been found guilty of unprofessional conduct, which includes departure from or failure to conform to the minimal standards of acceptable and prevailing practice for physical therapist assistants in which proceeding actual injury to a patient need not be established.
(7) Been adjudged mentally incompetent by a court of competent jurisdiction.
(8) Had a certificate, license or registration to practice as a physical therapist assistant revoked, suspended or refused or otherwise been subjected to other disciplinary action taken by another state, territory, country or the District of Columbia.
(9) Made misleading, deceptive, untrue or fraudulent representations in violation of the act or otherwise in the rendering of physical therapist assistant services.
(10) Provided services as a physical therapist assistant under indirect supervision without having a current certificate of authorization to practice under indirect supervision issued under § 40.165 (relating to authorization to provide services as a physical therapist assistant under indirect supervision).
(11) Provided services as a physical therapist assistant under indirect supervision other than as authorized by section 9.1(c) of the act and § 40.173 (relating to supervision of physical therapist assistant by licensed physical therapist).
(12) Harassed, abused or intimidated a patient.
(13) Revealed information obtained as a result of the therapist-patient relationship to a third party who is not involved in the patient’s care, without the prior written consent of the patient, except as authorized or required by statute.
(14) Violated a provision of the act or this chapter that establishes a standard of conduct.
(b) Actions taken by the Board regarding the refusal, suspension or revocation of a registration are taken subject to the right of notice, hearing and adjudication, and the right of appeal therefrom under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law).
Authority The provisions of this § 40.181 amended under sections 3(a), 4(a), 6, 7.2, 9.1 and 11(a) of the Physical Therapy Practice Act (63 P.S. § § 1303(a), 1304(a), 1306, 1307.2, 1309.1 and 1311(a)); and section 16 of the act of July 4, 2008 (P.L. 293, No. 38).
Source The provisions of this § 40.181 adopted July 24, 1992, effective July 25, 1992, 22 Pa.B. 3872; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7652; amended May 18, 2018, effective May 19, 2018, 48 Pa.B. 2947. Immediately preceding text appears at serial pages (365002) to (365003).
Cross References This section cited in 49 Pa. Code § 40.165 (relating to authorization to provide services as a physical therapist assistant under indirect supervision); 49 Pa. Code § 40.166 (relating to temporary certificate to provide services as a physical therapist assistant); 49 Pa. Code § 40.191 (relating to renewal of certification); 49 Pa. Code § 40.192 (relating to continuing education for certified physical therapist assistant); 49 Pa. Code § 40.302 (relating to procedural matters); and 49 Pa. Code § 40.304 (relating to disciplinary action).
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