(b) When the individual's needs are beyond the scope of the physical therapist assistant's expertise, the physical therapist assistant shall inform the supervising physical therapist. (c) When the physical therapist assistant determines that a change in the plan of care is needed, the assistant will contact the supervising physical therapist and request reevaluation of the patient's status. (d) When the physical therapist assistant determines that the patient has received maximum benefits from physical therapy, he/she shall so inform the supervising physical therapist. (e) Physical therapist assistants are not to delegate to a less qualified person any activity which requires the unique skills, knowledge, and judgment of a physical therapist assistant. (f) The primary responsibility for physical therapy care assisted by supportive personnel rests with the supervising physical therapist. Adequate supervision is the responsibility of both the physical therapist and the physical therapist assistant. To ensure appropriate supervision, the physical therapist assistant is expected to: 1. Maintain effective channels of written and oral communication. 2. Communicate critical information about the patient to the supervising physical therapist in a timely manner. 3. Function within the established plan of care. 4. Identify and document treatment activities and all special occurrences. 5. Request re-evaluation of the patient and/or modification of the plan of care when necessary. (g) Physical therapist assistants are obligated to advise their employer(s) of any practice which causes a physical therapist or a physical therapist assistant to be in conflict with the ethical principles of this section. Physical therapist assistants are to attempt to rectify any aspect(s) of their employment which is in conflict with the principles of this section. (4). Seek remuneration for their services that is deserved and reasonable. (a) Physical therapist assistants shall not: 1. Directly or indirectly request, receive, or participate in the dividing, transferring, assigning, or 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; 3. Use influence upon individuals, or families of individuals under their care for utilization of any product or service based upon the direct or indirect financial interest of the physical therapist assistant; (5) Provide accurate information to the consumer about the profession and the services provided. (a) Physical therapist assistants are not to use, or participate in the use of, any form of communication containing false, plagiarized, fraudulent, misleading, deceptive, or unfair statements. (6) Accept the responsibility to protect the public and the profession from unethical, incompetent, or illegal acts. (a) Physical therapist assistants shall report any activity which appears to be unethical, incompetent, or illegal to the proper authorities. (b) Physical therapist assistants shall not participate in any arrangement in which patients are exploited due to the referring sources enhancing their personal incomes as a result of referring, prescribing, or recommending physical therapy or a specific physical therapy practice.
(c) If a physical therapist assistant is involved in an arrangement with a referring source in which income is derived from the services, the physical therapist assistant has an obligation to disclose to the patient, within the scope of the State Law, the nature of the income. Rule 490-9-.04 Disciplinary Sanctions When providing physical therapy treatment following appropriate consultation, unprofessional and unethical conduct shall include but is not limited to the following: (a) Failing to adhere to the Code of Ethics for Physical Therapists and Physical Therapists Assistants, as codified in Rules 490-9-.01 through 490-9-.03. (b) Delegating to an aide or unlicensed person any physical therapy task other than those codified in Chapter 490-8. (c) Failing to provide continuous, immediate and physically present supervision of the aide or unlicensed person when designated tasks are performed. (d) Performing the technique of dry needling without having met the training and competency requirements as codified in Rule 490-9-.05. (e) Failing to adhere to the 'Consumer Information and Awareness Act' as codified in O.C.G.A. ยง 43-1-33 in relation to conspicuously posting and affirmatively communicating your type of regulatory designator (PT, PTA), level of education, and training to all current and prospective patients by way of a name badge, facility notices and advertisements. (f) Failing to provide an evaluation on each patient and establishing a physical therapy diagnosis. (g) Failing to formulate and record in the patient's record a treatment program based upon the evaluation and any other information available. (h) Failing to perform periodic evaluation of the patient and documenting the evaluations in the patient's record and to make adjustments to the patient's treatment program as progress warrants. (i) Failing to formulate and record a patient's discharge plan. (j) Directly or indirectly requesting, receiving or participating in the division, transferring, assigning, rebating or refunding of fees or remuneration earned, in cash or kind, for bringing or referring a patient. For purposes of this Rule: 1. No physical therapist, physical therapy assistant, employee or agent thereof acting on his behalf, shall enter into or engage in any agreement or arrangement with any individual, entity, or an employee or agent thereof acting on his behalf, for the payment or acceptance or compensation in any form for the referral or recommending of the professional services of either. This prohibition includes any form of fee division or charging of fees solely for referral of a patient. 2. This prohibition shall include a rebate or percentage of rental agreement or any arrangement or agreement whereby the amount received in payment for furnishing space, facilities, equipment or personnel services. 3. Provided further, that this Rule shall not preclude a discount, waiver of co-payment or other reduction in price of services by a physical therapist if the reduction in price is properly disclosed to the consumer and third-party payers and appropriately reflected in the costs claimed or charges made. (k) Should it be determined that a licensee is in violation of this rule and the statutes referenced herein, the Board may impose any disciplinary or corrective measure allowed by law.
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