Professional Conduct

PURPOSE: This rule defines what is considered unprofessional conduct for respiratory care practitioners and holders of temporary permits issued by the board. (1) Professional conduct in the practice of respiratory care shall not include: (A) Committing any act which endangers patient health, safety or welfare; (B) Assisting or enabling the practice of respiratory care in noneducational settings by unlicensed persons; (C) Performance of respiratory care services that are unjustified or contraindicated; (D) Verbal, physical, or sexual abuse of patients; (E) Falsification or unauthorized destruction of patient records; (F) Providing or attempting to provide diagnostic or treatment information to patient(s) that is beyond the respiratory care practitioner’s or permit holder’s level of training and expertise; (G) Sexual intimacies with a patient, which includes any genital contact of the respiratory care practitioner or permit holder with the patient or the patient with the respiratory care practitioner or permit holder. This specifically prohibits sexual intercourse, sodomy, oral, anal copulation, or both; or any penetration of the anal or vaginal opening by any thing; (H) Kissing the patient with the mouth, lips or tongue or the patient kissing the respiratory care practitioner or permit holder with the mouth, lips or tongue; (I) Touching or caressing in an exploitative manner by either the respiratory care practitioner, permit holder or the patient, of the other person’s breasts, genitals or buttocks; (J) Engagement in any deliberate or repeated comments, gestures or physical conduct of a sexual nature that exploits the professional relationship with the patient; (K) Termination of therapeutic relationship with a patient for the purpose, expressed or implied, of having a sexual relationship with that person; (L) Exposing one’s self or encouraging another to expose themselves for the purpose of sexual gratification; (M) Sexual harassment of patients or coworkers. Sexual harassment shall include but is not limited to— 1. Making unwelcome sexual advances; 2. Requesting sexual favors; and 3. Verbal or physical conduct of a sexual nature; (N) Failure to follow policies or procedures implemented in the practice situation to safeguard patient care; (O) Failure to exercise appropriate supervision over person(s) who are authorized to practice only under the supervision of a licensed professional; (P) Exploitation of a supervisee in any way sexually or financially; (Q) Delegation of professional responsibilities to a person not qualified, or not appropriately licensed or certified to provide those services, or both; (R) Misrepresentation of credentials, training or level of education or the allowance of others to misrepresent credentials, training or level of education; and (S) Use of a controlled substance or alcoholic beverage to an extent that impairs one’s ability to provide safe respiratory care services. AUTHORITY: sections 334.800, 334.840.2, 334.850, 334.910 and 334.920, RSMo Supp. 1997.* This rule originally filed as 4 CSR 255-5.020. Emergency rule filed June 25, 1998, effective July 6, 1998, expired Feb. 25, 1999. Original rule filed June 25, 1998, effective Jan. 30, 1999. Moved to 20 CSR 2255-5.020, effective Aug. 28, 2006. *Original authority: 334.800, RSMo 1996; 334.840, RSMo 1996; 334.860, RSMo 1996; 334.410. RSMo 1996; and 334.920, RSMo 1996.