PT Tech Laws and Ethics

what does The FSBPT support

state physical therapy boards by ensuring consistent licensing standards, promoting public safety, and providing resources like exams and policy guidance for high-quality care.

Rule of Personal Liability for pt tech

Despite not being a licenced healthcare practitioner, you are still responsible for your personal conduct under the rule of personal liability. This means if you cause harm to an individual through means of negligence, you may be named personally in a lawsuit

PT Tech is responsible for reporting

any unethical or illegal practices you notice in the workplace

Ethics / Morals refer to

to a set of principles guiding personal and professional behavior.

APTA Code of Ethics Principle #1:

Physical therapists shall respect the inherent dignity and rights of all individuals

APTA Code of Ethics Principle #2

Physical therapists shall be trustworthy and compassionate in addressing the rights and needs of patients and clients.

APTA Code of Ethics Principle #3

Physical therapists shall be accountable for making sound professional judgments

APTA Code of Ethics Principle #4

Physical therapists shall demonstrate integrity in their relationships with patients and clients, families, colleagues, students, research participants, other health care providers, employers, payers, and the public.

APTA Code of Ethics Principle #5

Physical therapists shall fulfill their legal and professional obligations.

APTA Code of Ethics Principle #6

Physical therapists shall enhance their expertise through the lifelong acquisition and refinement of knowledge, skills, abilities, and professional behaviors.

APTA Code of Ethics Principle #7

Physical therapists shall promote organizational behaviors and business practices that benefit patients and clients and society.

APTA Code of Ethics Principle #8

Physical therapists shall participate in efforts to meet the health needs of people locally, nationally, or globally.

A Patient’s Bill of Rights was adopted in 1973 by the

American Hospital Association

The bill of rights specifically addresses hospital care, however, it's important for a PT aide to be

aware of these rights, as they apply to all patients in any medical setting

The Right to Information:

Patients are entitled to clear, accurate information about their diagnosis, treatment options, and potential risks, enabling informed decisions about their care.

The Right to Privacy:

Patients have the right to privacy and confidentiality regarding their medical records and personal information

The Right to Choose Providers:

Patients can choose their healthcare providers, and they have the right to seek a second opinion or transfer to a different facility if needed

The Right to Participate in Care Decisions

Patients have the right to be involved in their treatment planning, including the right to refuse or discontinue treatment.

The Right to Respect

Patients should be treated with dignity, compassion, and respect, regardless of their background or condition

The Right to Safe Care

Patients are entitled to receive care in a safe environment, free from abuse, neglect, or exploitation

The Right to Receive Care Without Discrimination

Care should be provided without discrimination based on race, gender, religion, nationality, disability, or other factors.

The Right to Access Medical Records

Patients have the right to access their medical records and request corrections if needed.

The Right to Be Informed About Costs

Patients should be informed of the costs of treatment and any potential financial responsibilities upfront

All patients are protected legally by a process called

duty of care

Duty of care essentially means

that each patient has the expectation that their treatment should meet the common standard of practice that any other patient would receive under the same or similar circumstances

Reasonable care dictates that

a health care worker isn’t responsible for poor results if they can prove they acted reasonably compared to the actions of other healthcare workers in similar situations.

The omission of reasonable care by a healthcare worker may be considered what

negligence

In healthcare, negligence is the

failure of a healthcare provider to meet the standard of care, resulting in harm or injury to a patient. It involves actions or omissions that cause damage due to a lack of proper care, treatment, or attention

example of negligence

A PT aide does not follow standard procedure during a patient transfer resulting in a patient fall and injury.

Medical malpractice

a type of negligence that occurs when a healthcare professional has engaged in misconduct or lack of skill that causes injury or harm to a patient

Medical malpractice charges are only made against what kind of medical professionals

licensed

PT Aides may still be named in

negligence cases and can be prosecuted as such

HIPAA was passed by

congress in 1996

HIPPA protects what

patients' medical records and related health information from misuse or unauthorized access

Protected Health Information (PHI)

any personal health information that can identify an individual and relates to their health status, treatment, or payment for healthcare services. This include past, present, or future physical or mental health and treatment services

Penalties for violating HIPAA vary depending upon

whether the violation was due to negligence, willful neglect, or criminal intent; as well as the severity of the violation.

Civil Penalties

Fines range from $100 to $50,000 per violation, with a maximum annual penalty of $1.5 million, depending on the level of negligence

Criminal Penalties:

Criminal charges may apply for intentional violations, with penalties including fines up to $250,000 and imprisonment for up to 10 years, depending on the severity (e.g., identity theft or intent to harm).

PHI should not be shared unless

the information is necessary for the patient’s treatment, even within the healthcare system. You can, however, share information with insurance companies or government agencies so that the clinic will be paid for the treatment of the patient.

PHI should not be shared with patient friends or family unless

it directly affects THEIR care of the patient.

You should acquire

written permission from the patient detailing who can receive their PHI prior to sharing any information. The exception to this is that the parents or guardians of children may have access to their children’s information.

PHI can only be released to other medical facilities with

written consent of the patient

Do not obtain PHI from

any individual in which you are not directly involved in their care

You also have a responsibility to share with your supervising PT any information a patient divulges that may

impact their PT treatment