§ 45.103. Unprofessional conduct.
As used in section 10(5) of the act (63 P.S. § 1710(5)), the term ‘‘unprofessional conduct’’ includes all of the following types of conduct:
(1) Practicing as a speech-language pathologist or an audiologist with a license that has lapsed or that has been suspended or revoked.
(2) Knowingly aiding or abetting a person who is not licensed or exempted from licensure by the act to practice as a speech-language pathologist or an audiologist.
(3) Misrepresenting or concealing a material fact in seeking reinstatement of a license to practice as a speech-language pathologist or an audiologist.
(4) Delegating to a person duties that the speech-language pathologist or an audiologist knows, or has reason to know, the person is not competent or authorized to perform.
(5) Committing an act of gross negligence, gross malpractice or gross incompetence, or repeated acts of negligence, malpractice or incompetence.
(6) Practicing as a speech-language pathologist or an audiologist while unable to do so with reasonable skill and safety because of illness, drunkenness, excessive use of controlled substances, chemicals or other types of materials or as the result of a mental or physical condition.
(7) Withdrawing professional services after a professional relationship has been established without informing the person served of where to obtain necessary and equivalent professional services in a timely manner.
(8) Harassing, abusing or intimidating a person served. Sexual contact, or requests for sexual contact, with a person served is specifically prohibited by this subsection.
(9) Committing an act involving moral turpitude, dishonesty or corruption when the act directly or indirectly affects the health, welfare or safety of citizens of this Commonwealth. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action by the Board.
(10) Failing to provide necessary professional care or products to a person served in a timely manner or to inform the person served of the need for the care.
(11) Revealing personal or professional identifiable facts obtained as a result of a professional relationship without the prior consent of the person served, parent or guardian, except as authorized by a court or required by statute.
(12) Unconditionally guaranteeing the effectiveness of professional services and products rendered.
(13) Advertising professional services and products in a manner which is false, misleading or deceptive.
(14) Accepting compensation from a person being supervised or sponsored, beyond reasonable reimbursement for direct expenses.
(15) Being disciplined by a licensing or disciplinary authority of another state or country or convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under the act or this chapter.
(16) Being convicted of or pleading guilty or nolo contendere to a felony, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside.
(17) Failing to comply with § 45.101 (relating to preparing, maintaining and retaining records).
(18) Providing services or promoting the sale of devices, appliances or products to a person who cannot reasonably be expected to benefit from them.
(19) Failing to comply with the act.
(20) Failing to comply with an order, rule or regulation issued or adopted by the Board, including its Code of Ethics.
(21) Violating a State or Federal statute or a regulation promulgated thereunder in the Pennsylvania Code or the Code of Federal Regulations by a State or Federal agency that imposes a standard for practicing as a speech-language pathologist or an audiologist in this Commonwealth. The Board, in reaching a decision as to whether there has been a violation of a statute or regulation, will be guided by adjudications of the agency or court that administers or enforces the standard.
(22) Utilizing neurophysiologic intraoperative monitoring without possessing certification from the Board.
(23) Failing to refer patients who presented with suspected medical conditions beyond the licensee’s scope of practice under the act for medical evaluation to an appropriate physician within 30 days.
(24) Failing to follow the Centers for Disease Control and Prevention’s 2007 Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings.
Authority The provisions of this § 45.103 amended under sections 5(2) and (7), 7(d)(1), 8(a) and 8.1 of the Speech-Language Pathologists and Audiologists Licensure Act (63 P.S. § § 1705(2) and (7), 1707(d)(1), 1708(a) and 1708.1); and section 810(a)(3) and (7) of The Administrative Code of 1929 (71 P.S. § 279.1(a)(3) and (7)).
Source The provisions of this § 45.103 amended July 14, 2017, effective July 15, 2017, 47 Pa.B. 3814. Immediately preceding text appears at serial pages (375021) to (375022).
Cross References This section cited in 49 Pa. Code § 45.101 (relating to preparing, maintaining and retaining records); 49 Pa. Code § 45.102 (relating to Code of Ethics); and 49 Pa. Code § 45.406 (relating to confidentiality—waived).
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