ORTHOTICS AND PROSTHETICS (OPS) Class A: $50 up to $1,000. Failure to Notify Department Violations

Transcription

1 ORTHOTICS AND PROSTHETICS (OPS) Texas Occupations Code, Chapter Texas Administrative Code, Chapter 114 Class A: $50 up to $1,000 Failure to Notify Department Violations Failed to report to the Department violations of the Act or this (c)(8) chapter committed by a licensed assistant Failed to notify Department of change in the accredited facility (e)(1)(C); designation of the on-site practitioner(s) in charge name and (b) license number within 30 days after the change Failed to notify Department of change in the accredited facility (e)(3)(B); designation of the on-site safety manager(s) name and license (b) number within 30 days after the change Failed to notify the Department of any change(s) of name or (b) mailing address within 30 days after a change Posting and Public Information Violation Failed to publicly display the license certificate in the primary place (e)(1) of employment Failed to carry the license or obtain duplicate licenses to be (e)(2) displayed at each location of employment when without a primary office or when employed at multiple locations Displayed or carried a copy of a license instead of the original (e)(3) Allowed license to be copied for a purpose other than for license (f) verification Failed to sign, date and mark license copies with the word COPY (f) across the document s face Failed to prominently display facility accreditation certificate in (f)(3) facility available for public inspection

2 Failed to prominently display consumer complaint notice sign in (f)(5); (d) facility Failed to prominently display the license certificates of practitioners (f)(8) in facility available for public inspection Failed to display a visible sign with facility hours of operation and, (f)(9) when appropriate, information regarding temporary closures Advertising Without a License or Accreditation Violations Used terms or letters indicating directly or by implication that an ; (2)(c); orthotic or prosthetic service will be provided when not licensed ; (f)(6) or accredited Advertised or otherwise held-out as able to practice orthotics or prosthetics without a license Facility, Equipment and Sanitation Violations Failed to clean examination/treatment room(s) after each patient (j)(2) Failed to have hand sanitizer/hand soap, hand towels or hand (j)(3) dryers available at the sinks for use by employees/patients Failed to have exam tables covered in material for disposable one (j)(4) time use or can be disinfected, replaced or cleaned after providing service to each patient Failed to have gloves and disinfectants available in (j)(5) examination/treatment areas Failed to keep the floors, walls, ceilings, shelves, furniture, (j)(6) furnishings and fixtures clean and in good repair or failed to repair or fill-in cracks or similar disrepair not readily accessible Failed to keep plumbing fixtures clean or failed to repair any (j)(7) disrepair with plumbing not readily accessible Failed to have suitable facility plumbing providing hot and cold (j)(8) running water at all times Failed to provide at least one facility restroom (j)(9) Facility being utilized for living or sleeping purposes or utilized (j)(10) for any other purpose tending to make the premises unsanitary, unsafe or endanger the public health and safety

3 Failed to separate the facility patient waiting areas from other (k)(1) areas Failed to provide chairs with armrests or failed to provide chairs (k)(2); without armrests or wheels upon request (l)(3) Failed to provide a facility telephone for patient use (k)(3) Failed to provide private patient rooms (l)(1) Failed to maintain facility machine use training records (m)(2) documenting staff training for each machine Class B: $500 to $3,000 and/or up to 6-month probated suspension Health and Safety Violations Failed to wash hands with hand sanitizer/soap and water before (j)(1) providing service to client Storing chemical supplies in restrooms or other areas accessible to (j)(9) the public Failed to provide at least one set of parallel bars, wall-mounted (l)(2) mirror or mirror with base for patient facility ambulation trials Failed to have facility equipment, tools, and materials for casting, (o)(2) measuring, fitting, repairs and adjustments of orthoses/prosthesis Failed to have safety equipment, including safety glasses or goggles (m)(1) and dust masks for persons working in facility Failed to provide proper facility machine use training (m)(2) Failed to have safety guards on facility machines as required by the (m)(3) manufacturer Administrative Violations Related to Assistants Failed to file with the Department a supervision agreement before (b)(1) the assistant clinical residency begins

4 Failed to provide the assistant clinical resident and Department with (b)(3) supervisor s written documentation on beginning, terminating or completing the assistant clinical residency Failed to review and sign off on patient care notes made by assistant (b)(5); clinical resident by supervising practitioner within 10 days from the (c)(1) date the service was provided Allowed the assistant clinical residency to begin with supervisor (b)(2) before approval from the Department Administrative Violations Failure of an accredited facility to have a licensed practitioner in (e)(1) charge Failed to have an accredited facility residency program director (e)(2) licensed in the same discipline in which the professional clinical residency is being conducted providing direct/indirect resident supervision Failed to have one person designated facility safety manager to (e)(3); develop, carry out and monitor the facility safety program (j)(6) Unlicensed Activity Practiced, attempted, offered to practice orthotics or prosthetics 60.31(g); (f)(1); with an expired license (f)(2); (c)(10) Practiced, attempted, offered to practice orthotics or prosthetics 60.31(g);114.40(e)(5); patient care as an accredited facility with an expired license (f)(1); (f)(3); (c)(10) Class C: $1000 to $5,000 and/or 1-year probated suspension up to revocation Administrative Violations Altered a license or a copy of a license (g) Failed to cooperate with the Department inspector in the (i)(6) performance of the inspection

5 Used or allowed a person to use a license or registration for any (c)(4) fraudulent, misleading or deceptive purpose Failed or refused to provide acceptable documentation of (b)(20) continuing education records for renewal Failed to cooperate with the Department during an investigation of (d)(21); a complaint by not furnishing required documentation or responding (d)(27); (f) to a request for information or a subpoena issued by the Department Interfered with a department investigation or disciplinary (d)(22) proceeding by misrepresentation of facts, by threats, retaliation or harassment against anyone Filed a complaint with the Department that is frivolous or made in (h) bad faith Records Violations Failed to include accurate and current patient progress notes (n)(1) Failed to keep patient records private (n)(2); (d)(13) Made patient records available without the patient s signed consent (n)(3) or as permitted by law Failed to maintain patient records for a minimum of five (5) years (n)(4) Standard of Care Violations Related to Supervision Provision of care by assistant clinical resident or licensed assistant (b)(4) and (9); without appropriate supervision (c)(6) Provided patient care to orthotic/prosthetic patients including (d) ancillary or assistant patient care services as a registered technician Licensed assistant provided ancillary patient care services in a (b); discipline other than that of the supervisor s license (c)(2); (c)(3); (c)(4) Student registrant working without appropriate supervision Failed to supervise and be responsible for the acts/omissions of the licensed assistant by supervising practitioner (b) (c)(5); (c)(7)

6 Failed to supervise a technician by a licensed prosthetist, orthotist, (a) prosthetist/orthotist, prosthetist assistant, orthotist assistant, or prosthetist/orthotist assistant Practitioner in charge failed to supervise and maintain supervision (d)(8) of clinical or technical personnel Practitioner in charge failed to provide facility on-site supervision (d)(8) Standard of Care Violations Related to Treatment Persistently or flagrantly over-treated a client or patient (c)(12) Failed to maintain acceptable standards of prosthetics or orthotics (d)(5) practices set forth by department rules Failed or unable to practice prosthetics/orthotics with reasonable (d)(6) skill and safety due to use of alcohol, drugs, chemicals or from mental or physical conditions Treated or agreed to treat human ailments by means other than (d)(7) appropriate prosthetic/orthotic treatments Provided prosthetic/orthotic services or products in a way that the (d)(9) person knows or should know violates the Act or chapter Failed to assess and evaluate a patient s status (d)(10) Provided or attempted to provide services for which the licensee (d)(11) lacks education or experience Delegated functions to an individual lacking the ability, knowledge (d)(12) or license/registration to perform the functions Failed to follow universal precautions or infection control standards (d)(18) as required by the Health & Safety Code Fitted a prosthesis or orthosis without a prescription ; (d)(23) Fitted a prosthesis or orthosis inaccurately or modifying the (d)(24) prescription without authorization Performed an act or omission constituting gross neglect, such as (a)(4); conduct involving malice, willfulness or wanton and reckless (e)(1) disregard of others rights Performed an act or omission constituting malpractice by failing to (a)(4); perform services or provide products for which compensation has (e)(2)(A) been received or failed to perform services or provide products with reasonable care, skill, expedience, and faithfulness

7 Performed an act or omission constituting malpractice by failing to (a)(4); do that which a person or ordinary prudence would have done or (e)(2)(B) would not have done under the same or similar circumstances Misrepresentation Failed to submit truthful continuing education documentation or (a)(2); information to the Department; committed fraud, misrepresentation, (b)(2); or concealment of a material fact with continuing education (d)(19); requirements (p) Impersonated or acted as a proxy for a licensee or registrant at a (a)(2); continuing education activity (b)(4) Used a proxy to participate in a continuing education activity (a)(2); (b)(5) Provided false or misleading information to the Department (a)(2); regarding a Department inquiry (b)(6) Placed or caused to be placed false, misleading or deceptive (a)(2); advertising (c)(1) Made or allowed false, misleading or deceptive representations (a)(2); concerning services or products provided or to be provided (c)(2) Made or allowed false, misleading or deceptive representations on (a)(2); an employment application (c)(3) Forged, altered or falsified a physician s or healthcare (a)(2); professional s order (c)(6) Delivered prosthetic/orthotic services or products through means of (a)(2); misrepresentation, deception or subterfuge (c)(7) Made, filed, or caused another person to make or file a report or (a)(2) record the licensee knows to be inaccurate, incomplete, false or (c)(9) illegal Other fraud or deceit concerning services provided (a)(2); (c)(15)

8 Unlicensed Activity Knowingly employed or professionally associated with a person or ; entity providing orthotic or prosthetic services without the required (c)(5) license or accreditation Provided orthotic care in a facility not accredited in orthotics (d)(25) Provided prosthetic care in a facility not accredited in prosthetics (d)(26) Practiced, attempted to practice, or offered to practice ; orthotics/prosthetics, or acted as an assistant without a license (c)(10) Fabricated or assembled an orthosis or prosthesis without a prescription or device distributor license Practicing in a place other than an accredited facility or exempt (c)(1); facility (c)(9) Operated an unaccredited facility (f)(1); (g); (c)(10); (d)(14); (d)(25) and (26) Unprofessional or Unethical Conduct Persistently or flagrantly overcharged a client, patient or third (a)(3) party (c)(11) Took, without authorization, patient medication, supplies, (a)(3) equipment or personal items (c)(14) Accepted or paid, or agreed to pay or accept illegal remuneration (a)(3) for the securing or soliciting of patients (c)(8) Discriminated based on race, color, national origin, religion, (a)(3) gender, age or disability in the practice of prosthetics/orthotics (d)(1) Surrendered a license to avoid disciplinary action or prosecution (a)(3) (d)(2) Licensee had previous disciplinary action (a)(3) (d)(3) Engaged in conduct prohibited by state, federal or local law (a)(3) (d)(4)

9 Engaged in other unprofessional or unethical conduct (a)(3) (d)(29) Assaulted or caused, permitted or allowed physical or emotional (a)(3) injury or impairment of dignity or safety to patient/client (d)(15) Made abusive, harassing or seductive remarks to a patient, client (a)(3) or co-worker in the workplace (d)(16) Engaged in sexual contact as defined by the Penal Code (a)(3) with a patient or client as the result of patient or client relationship (d)(17) Class D: $5,000 and/or Revocation Obtained or attempted to obtain a license by fraud, 60.23(a)(1); 60.23(a)(2); misrepresentation, or concealment of material fact (a)(1); (b)(1); (b)(7) Cheated on an examination 60.52(a) Impersonate or act as a proxy for an examination candidate (b)(3); Used a proxy to take an examination (b)(5) Failed to comply with a previous order of the Commission or (a); Executive Director (c)(13); (d)(28) Failed to pay the Department for a dishonored payment or 60.82; (c); processing fee (f)