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Consumer Guide to Physical Therapy



Guide for Professional Conduct and Code of Ethics

Code of Ethics

Preamble

This Code of Ethics sets forth ethical principles for the physical therapy profession. Members of this profession are responsible for maintaining and promoting ethical practice. This Code of Ethics, adopted by the American Physical Therapy Association, shall be binding on physical therapists who are members of the Association.

Principle 1
Physical therapists respect the rights and dignity of all individuals.

Principle 2
Physical therapists comply with the laws and regulations governing the practice of physical therapy.

Principle 3
Physical therapists accept responsibility for the exercise of sound judgment.

Principle 4
Physical therapists maintain and promote high standards for physical therapy practice, education, and research.

Principle 5
Physical therapists seek remuneration for their services that is deserved and reasonable.

Principle 6
Physical therapists provide accurate information to the consumer about the profession and about those services they provide.

Principle 7
Physical therapists accept the responsibility to protect the public and the profession from unethical, incompetent, or illegal acts.

Principle 8
Physical therapists participate in efforts to address the health needs of the public.

Adopted by the House of Delegates
June 1981
Amended June 1987
Amended June 1991

American Physical Therapy Association

American Physical Therapy Association

Guide for Professional Conduct

Purpose

This Guide for Professional Conduct (Guide) is intended to serve physical ther apists who are members of the American Physical Therapy Association (Associa tion) in interpreting the Code of Ethics (Code) and matters of professional con duct. The Guide provides guidelines by which physical therapists may determine the propriety of their conduct. The Code and the Guide apply to all physical thera pists who are Association members. These guidelines are subject to changes as the dynamics of the profession change and as new patterns of health care deliv ery are developed and accepted by the professional community and the public. This Guide is subject to monitoring and timely revision by the Judicial Committee of the Association.

Interpreting Ethical Principles

The interpretations expressed in this Guide are not to be considered all inclu sive of situations that could evolve under a specific principle of the Code but reflect the opinions, decisions, and advice of the Judicial Committee. While the statements of ethical principles apply universally, spe cific circumstances determine their appropriate application. Input related to current interpretations, or situations requiring interpretation, is encouraged from Association members.

Principle 1

Physical therapists respect the rights and dignity of all individuals.

1.1 Attitudes of Physical Therapists

A. Physical therapists shall recognize that each individual is different from all other individuals and shall respect and be responsive to those differences.

B. Physical therapists are to be guided at all times by concern for the physical, psychological, and socioeconomic welfare of those individuals entrusted to their care.

C. Physical therapists shall not engage in conduct that constitutes harassment or abuse of, or discrimination against, col leagues, associates, or others.

1.2 Confidential Information

A. Information relating to the physical therapist-patient relationship is confiden tial and may not be communicated to a third party not involved in that patient's care without the prior written consent of the patient, subject to applicable law.

B. Information derived from component sponsored peer review shall be held con fidential by the reviewer unless written permission to release the information is obtained from the physical therapist who was reviewed.

C. Information derived from the working relationships of physical therapists shall be held confidential by all parties.

D. Information may be disclosed to appropriate authorities when it is neces sary to protect the welfare of an individual or the community. Such disclosure shall be in accordance with applicable law.

1.3 Patient Relations

Physical therapists shall not engage in any sexual relationship or activity, whether consensual or nonconsensual, with any patient while a physical therapisVpatient relationship exists.

1.4 Informed Consent

Physical therapists shall obtain patient informed consent before treatment, to include disclosure of: (i) the nature of the proposed intervention; (ii) material risks of harm or complications; (iii) reasonable alternatives to the proposed intervention; and (iv) goals of treatment.

Principle 2

Physical therapists comply with the laws and regulations governing the practice of physical therapy.

2.1 Professional Practice

Physical therapists shall provide consultation, evaluation, treatment, and preventive care, in accordance with the laws and regulations of the jurisdiction(s) in which they practice.

Principle 3

Physical therapists accept responsibility for the exercise of sound judgment.

3.1 Acceptance of Responsibility

A. Upon accepting an individual for provision of physical therapy services, physical therapists shall assume the responsibility for evaluating that individual; planning, implementing, and supervising the therapeutic program; reevaluating and changing that program; and maintaining adequate records of the case, including progress reports.

B. When the individual's needs are beyond the scope of the physical therapist's expertise, or when additional services are indicated, the individual shall be so informed and assisted in identifying a qualified provider.

C. Regardless of practice setting, physical therapists shall maintain the ability to make independent judgments.

D. The physical therapist shall not provide physical therapy services to a patient while under the influence of a substance that impairs his or her ability to do so safely.

3.2 Delegation of Responsibility

A. Physical therapists shall not delegate to a less qualified person any activity which requires the unique skill, knowledge, and judgment of the physical therapist.

B. The primary responsibility for physical therapy care rendered by supportive personnel rests with the supervising physical therapist. Adequate supervision requires, at a minimum, that a supervising physical therapist perform the following activities:

1. Designate or establish channels of written and oral communication.

2. Interpret available information concerning the individual under care.

3. Provide initial evaluation.

4. Develop plan of care, including shortand long-term goals.

5. Select and delegate appropriate tasks of plan of care.

6. Assess competence of supportive personnel to perform assigned tasks.

7. Direct and supervise supportive personnel in delegated tasks.

8. Identify and document precautions, special problems, contraindications, goals, anticipated progress, and plans for reevaluation.

9. Reevaluate, adjust plan of care when necessary, perform final evaluation, and establish follow-up plan.

3.3 Provision of Services

A. Physical therapists shall recognize the individual's freedom of choice in selection of physical therapy services.

B. Physical therapists' professional practices and their adherence to ethical principles of the Association shall take preference over business practices. Provisions of services for personal financial gain rather than for the need of the individual receiving the services are unethical.

C. When physical therapists judge that an individual will no longer benefit from their services, they shall so inform the individual receiving the services. Physical therapists shall avoid overutilization of their services.

D. In the event of elective termination of a physical therapisVpatient relationship by the physical therapist, the therapist should take steps to transfer the care of the patient, as appropriate, to another provider.

3.4 Referral Relationships

In a referral situation where the referring practitioner prescribes a treatment program, alteration of that program or extension of physical therapy services beyond that program should be undertaken in consultation with the referring practitioner.

3.5 Practice Arrangements

A. Participation in a business, partnership, corporation, or other entity does not exempt the physical therapist, whether employer, partner, or stockholder, either individually or collectively, from the obligation of promoting and maintaining the ethical principles of the Association.

B. Physical therapists shall advise their employer(s) of any employer practice which causes a physical therapist to be in conflict with the ethical principles of the Association. Physical therapist employees shall attempt to rectify aspects of their employment which are in conflict with the ethical principles of the Association.

Principle 4

Physical therapists maintain and promote high standards for physical therapy practice, education, and research.

4.1 Continued Education

A. Physical therapists shall participate in educational activities which enhance their basic knowledge and provide new knowledge.

B. Whenever physical therapists provide continuing education, they shall ensure that course content, objectives, and responsibilities of the instructional faculty are accurately reflected in the promotion of the course.

4.2 Review and Self Assessment

A. Physical therapists shall provide for utilization review of their services.

B. Physical therapists shall demonstrate their commitment to quality assurance by peer review and self assessment.

4.3 Research

A. Physical therapists shall support research activities that contribute knowledge for improved patient care.

B. Physical therapists engaged in research shall ensure:

1. the consent of subjects;

2. confidentiality of the data on individual subjects and the personal identities of the subjects;

3. well-being of all subjects in compliance with facility regulations and laws of the jurisdiction in which the research is conducted;

4. the absence of fraud and plagiarism;

5. full disclosure of support received;

6. appropriate acknowledgment of individuals making a contribution to the research.

7. that animal subjects used in research are treated humanely and in compliance with facility regulations and laws of the jurisdiction in which the research experimentation is conducted.

C. Physical therapists shall report to appropriate authorities any acts in the conduct or presentation of research that appear unethical or illegal.

4.4 Education

A. Physical therapists shall support quality education in academic and clinical settings.

B. Physical therapists functioning in the educational role are responsible to the students, the academic institutions and the clinical settings for promoting ethical conduct in educational activities. Whenever possible, the educator shall ensure:

1. the rights of students in the academic and clinical setting;

2. appropriate confidentiality of personal information;

3. professional conduct towards the student during the academic and clinical educational processes;

4. assignment to clinical settings prepared to give the student a learning expenence.

C. Clinical educators are responsible for reporting to the academic program student conduct which appears to be unethical or illegal.

Principle 5

Physical therapists seek remuneration for their services that is deserved and reasonable.

5.1 Fiscally Sound Remuneration

A. Physical therapists shall never place their own financial interest above the welfare of individuals under their care.

B. Fees for physical therapy services should be reasonable for the service performed, considering the setting in which it is provided, practice costs in the geographic area, judgment of other organizations and other relevant factors.

C. Physical therapists should attempt to ensure that providers, agencies, or other employers adopt physical therapy fee schedules that are reasonable and that encourage access to necessary services.

5.2 Business Practices/Fee Arrangements

A. Physical therapists shall not:

1. directly or indirectly request, receive, or participate in the dividing, transferring, assigning, rebating of an unearned fee.

2. profit by means of a credit or other valuable consideration, such as an unearned commission, discount, or gratuity in connection with furnishing of physical therapy services.

B. Unless laws impose restrictions to the contrary, physical therapists who provide physical therapy services in a business entity may pool fees and moneys received. Physical therapists may divide or apportion these fees and moneys in accordance with the business agreement.

C. Physical therapists may enter into agreements with organizations to provide physical therapy services if such agreements do not violate the ethical principles of the Association.

5.3 Endorsement of Equipment or Services

A. Physical therapists shall not use influence upon individuals under their care or their families for utilization of equipment or services based upon the direct or indirect financial interest of the physical therapist in such equipment or services. Realizing that these individuals will normally rely on the physical therapists' advice, their best interest must always be maintained as well as their right of free choice relating to the use of any equipment or service. While it cannot be considered unethical for physical therapists to own or have a financial interest in equipment companies, or services, they must act in accordance with law and make full disclosure of their interest whenever such companies or services become the source of equipment or services for individuals under their care.

B. Physical therapists may be remunerated for endorsement or advertisement of equipment or services to the lay public, physical therapists, or other health professionals provided they disclose any financial interest in the production, sale, or distribution of said equipment or services.

C. In endorsing or adverting equipment or services, physical therapists shall use sound professional judgment and shall not give the appearance of Association endorsement.

5.4 Gifts and Other Considerations

A. Physical therapists shall not accept nor offer gifts or other considerations with obligatory conditions attached.

B. Physical therapists shall not accept nor offer gifts or other considerations that affect or give an objective appearance of affecting their professional judgment.

Principle 6

Physical therapists provide accurate information to the consumer about the profession and about those services they provide.

6.1 Information about the Profession

Physical therapists shall endeavor to educate the public to an awareness of the physical therapy profession through such means as publication of articles and participation in seminars, lectures, and civic programs.

6.2 Information about Services

A. Information given to the public shall emphasize that individual problems cannot be treated without individualized evaluation and plans/programs of care.

B. Physical therapists may advertise their services to the public.

C. Physical therapists shall not use, or participate in the use of, any form of communication containing a false, plagiarized fraudulent, misleading, deceptive, unfair, or sensational statement or claim.

D. A paid advertisement shall be identified as such unless it is apparent from the context that it is a paid advertisement.

Principle 7

Physical therapists accept the responsibility to protect the public and the profession from unethical, incompetent, or illegal acts.

7.1 Consumer Protection

A. Physical therapists shall report any conduct which appears to be unethical, incompetent, or illegal.

B. Physical therapists may not participate m any arrangements in which patients are exploited due to the referring sources enhancing their personal incomes as a result of referring for, prescribing, or recommending physical therapy.
7.2 Disclosure

The physical therapist shall disclose to the patient if the referring practitioner derives compensation from the provision of physical therapy. The physical therapist shall ensure that the individual has freedom of choice in selecting a provider of physical therapy.

Principle 8

Physical therapists participate in efforts to address the health needs of the public.

8.1 Pro Bono Service

Physical therapists should render pro bono publico (reduced or no fee) services to patients lacking the ability to pay for services, as each physical therapist's practice permits.

Issued by Judicial Committee

American Physical Therapy Association
October 1981
Last Amended January 1997


Guide for Conduct of the Affiliate Member and Standards of Ethical Conduct for the Physical Therapist Assistant

American Physical Therapy Association Standards of Ethical Conduct
for the Physical Therapist Assistant

Preamble

Physical therapist assistants are responsible for maintaining and promoting high standards of conduct. These Standards of Ethical Conduct for the Physical Therapist Assistant shall be binding on physical therapist assistants who are affiliate members of the Association.

Standard 1: Physical therapist assistants provide services under the supervision of a physical therapist.

Standard 2: Physical therapist assistants respect the rights and dignity of all individuals.

Standard 3: Physical therapist assistants maintain and promote high standards in the provision of services, giving the welfare of patients their highest regard.

Standard 4: Physical therapist assistants provide services within the limits of the law.

Standard 5: Physical therapist assistants make those judgments that are commensurate with their qualifications as physical therapist assistants.

Standard 6: Physical therapist assistants accept the responsibility to protect the public and the profession from unethical, incompetent, or illegal acts.

Adopted by the House of Delegates, June 1982
Amended June 1991


GUIDE FOR CONDUCT OF THE AFFILIATE MEMBER
OF THE
AMERICAN PHYSICAL THERAPY ASSOCIATION

PURPOSE

This Guide for Conduct of the Affiliate Member (Guide) is intended to serve physical therapist assistants who are affiliate members of the American Physical Therapy Association in the interpretation of the Standards of Ethical Conduct for the Physical Therapist Assistant, providing guidelines by which they may determine the propriety of their conduct. These guidelines are subject to change as new patterns of health care delivery are developed and accepted by the professional community and the public. This Guide is subject to monitoring and timely revision by the Judicial Committee of the Association.

INTERPRETING STANDARDS

The interpretations expressed in this Guide are not to be considered all inclusive of situations that could evolve under a specil'ic standard of the Standards of Ethical Conduct for the Physical Therapist Assistant, but reflect the opinions, decisions, and advice of the Judicial Committee. Although the statements of ethical standards apply universally specific circumstances determine their appropriate application. Input related to current interpretations or to situations requiring interpretation is encouraged from Association members.

STANDARD 1

Physical therapist assistants provide services under the supervision of a physical therapist.

1.1 Supervisory Relationships


Physical therapist assistants shall work under the supervision and direction of a physical therapist who is properly credentialed in the jurisdiction in which the physical therapist assistant works.

1.2 Performance of Service

A. Physical therapist assistants may not initiate or alter a treatment program without prior evaluation by and approval of the supervising physical therapist.

B. Physical therapist assistants may modify a specific treatment procedure in accordance with changes in patient status.

C. Physical therapist assistants may not interpret data beyond the scope of their physical therapist assistant education.

D. Physical therapist assistants may respond to inquiries regarding patient status to appropriate parties within the protocol established by a supervising physical therapist.

F. Physical therapist assistants shall refer inquiries regarding patient prognosis to a supervising physical therapist.

STANDARD 2

Physical therapist assistants respect the rights and dignity of all individuals.

2.1 Attitudes oF Physical Therapist Assistants


A. Physical therapist assistants shall recognize that each individual is different from all other individuals and shall respect and be responsive to those differences.

B. Physical therapist assistants shall be guided at all times by concern for the dignity and welfare of those patients entrusted to their care.

C. Physical therapist assistants shall not engage in conduct that constitutes harassment or abuse of, or discrimination against, colleagues, associates, or others.

2.2 Request for Release of Information

Physical therapist assistants shall refer all requests for release of confidential information to the supervising physical therapist.

2.3 Protection of Privacy

Physical therapist assistants must treat as confidential all information relating to the personal conditions and affairs of the persons whom they serve.

2.4 Patient Relations

Physical therapist assistants shall not engage in any sexual relationship or activity. whether consensual or nonconsensual, with any patient while a physical therapist assistant/ patient relationship exists.

STANDARD 3

Physical therapist assistants maintain and promote high standards in the provision of services, giving the welfare of patients their highest regard.

3.1 Information About Services


A. Physical therapist assistants may provide consumers with information regarding provision of services within the protocol established by a supervising physical therapist.

B. Physical therapist assistants may not use, or participate in the use of. any form of communication containing a false, fraudulent, misleading, deceptive, unfair, or sensational statement or claim.

3.2 Organizational Employment

Physical therapist assistants shall advise their employer(s) of any employer practice that causes them to be in conflict with the Standards of Ethical Conduct for the Physical Therapist Assistant.

3.3 Endorsement of Equipment

Physical therapist assistants may not endorse equipment or exercise influence on patients or families to purchase or lease equipment except as directed by a physical therapist acting in accord with the stipulation in paragraph 5.3.A. of the Guide for Professional Conduct.

3.4 Financial Considerations

Physical therapist assistants shall never place their own financial interest above the welfare of their patients.

3.5 Exploitation of Patients

Physical therapist assistants shall not participate in any arrangements in which patients are exploited. Such arrangements include situations in which referring sources enhance their personal incomes as a result of referring for, delegating, prescribing, or recommending physical therapy services.

STANDARD 4

Physical therapist assistants provide services within the limits of the law.

4.1 Supervisory Relalionships


Physical therapist assistants shall cmnply with all aspects of law. Regardless of the content of any law, physical therapist assistants shall provide services only under the supervision and direction of a physical therapist who is properly credentialed in the jurisdiction in which the physical therapist assistant works.

4.2 Representation

Physical therapist assistants shall not hold themselves out as physical therapists.

STANDARD 5

Physical therapist assistants make those judgments that are commensurate with their qualifications as physical therapist assistants.

5.1 Patient Treatment

Physical therapist assistants shall report all untoward patient responses to a supervising physical therapist.

5.2 Patient Safety

A. Physical therapist assistants may refuse to carry out treatment procedures that they believe to be not in the best interest of the patient.

B. The physical therapist assistant shall not provide physical therapy services to a patient while under the influence of a substance that impairs his or her ability to do so safely.

5.3 Qualifications

Physical therapist assistants may not carry out any procedure that they are not qualified to provide.

5.4 Discontinuance of Treatment Program

Physical therapist assistants shall discontinue immediately any treatment procedures which in their judgment appear to be harmful to the patient.

5.5 Continued Education

Physical therapist assistants shall continue participation in various types of educational activities which enhance their skills and knowledge and provide new skills and knowledge.

STANDARD 6

Physical therapist assistants accept the responsibility to protect the public and the profession from unethical, incompetent, or illegal acts.

6.1 Consumer Protection


Physical therapist assistants shall report any conduct which appears to be unethical or illegal.

Issued by the Judicial Committee of the
American Physical Therapy Association
October 1981
Last Amended January 1996


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