844 IAC 11-4-5 Incompetent practice

Sec. 5. The following establishes incompetent practice of a respiratory care practitioner: (1) Willful or repeated violation of a rule of the medical licensing board of Indiana or a lawful order of the committee previously entered in a disciplinary hearing. (2) Accepting or performing professional responsibilities which the license holder knows, or has reason to know, he or she is not competent to perform. (3) Professional incompetence in the practice of respiratory care. (4) Failure to deliver respiratory care services with a level of care, skill, and treatment which is recognized by a reasonably prudent respiratory care practitioner with similar professional training as being acceptable under similar conditions and circumstances. (5) Exercising influence on a patient in such a manner as to exploit the patient for financial gain of the certificate holder or a third party, which shall include, but not be limited to, the promoting or selling of services, goods, or appliances. (6) Payment or receipt of any commission, bonus, kickback, rebate, or fee splitting arrangement in any form whatsoever with any person or organization. This subdivision shall not be construed to prevent the certificate holder from receiving a fee for professional consultation services. (7) Exercising influence within a respiratory care relationship for purposes of engaging a patient in sexual activity. (8) Inaccurately recording, falsifying, or altering patient records, including, but not limited to, patient charts or medication administration records. (9) Falsely misrepresenting facts on an application for employment as a respiratory care practitioner. (10) Leaving a respiratory therapy assignment before properly advising appropriate personnel. (11) In the rendering of respiratory therapy services, discriminating on the basis of race, color, national origin, religion, sex, age, disability, ancestry, or status as a veteran. (12) Impersonating or acting as a proxy for an applicant in any examination required for licensure or any subsequent credentials earned. (13) Impersonating another licensed practitioner or permitting another person to use his or her license for the purpose of practicing respiratory therapy for compensation. (14) Providing false or incorrect information to an employer regarding the status of his or her license. (15) Abandoning a patient.