ABC Model Administrative Rules

(a) Pursuant to Section 90(a)(9) of the Act, unprofessional conduct in the practice of orthotics, prosthetics or pedorthics shall include, but not be limited to: 

(1) The promotion of the sale of services and devices in such manner as to exploit the patient or client for the financial gain of the practitioner or of a third party.

(2) Directly or indirectly offering, giving, soliciting or receiving, or agreeing to receive any fee or other consideration to or from a third party for the referral of a patient or client.

(3) Revealing of personally identifiable facts, data or information about a patient or client obtained in a professional capacity without the prior consent of the patient or client, except as authorized or required by law.

(4) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not educated, trained and competent to perform.

(5) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that the person to whom the responsibilities were delegated is not qualified by education, training, experience or licensure to perform them.

(6) Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of a licensed orthotist, prosthetist or pedorthist.

(7) Over utilizing services by providing excessive evaluation or treatment procedures not warranted by the condition of the patient or by continuing treatment beyond the point of possible benefit.

(8) Making gross or deliberate misrepresentations or misleading claims as to professional qualifications or of the efficacy or value of the treatments or remedies given or recommended or those of another practitioner.

(9) Gross and willful overcharging for professional services, including filing false statements for collection of fees for which services are not rendered.

(10) Failing to maintain a record for each patient that accurately reflects the evaluation and treatment of the patient.

(11) Advertising or soliciting for patronage in a manner that is fraudulent or misleading.  Examples of advertising or soliciting which is considered fraudulent or misleading shall include, but not be limited to:

A) Advertising by means of testimonials; anecdotal reports of orthotics, prosthetics or pedorthics practice successes; or claims of superior quality of care to entice the public; or

B) Advertising which contains false, fraudulent, deceptive or misleading materials, warranties or guarantees of success; statements which play upon vanities or fears of the public; or statements which promote or produce unfair competition.

(b) The (Agency) hereby incorporates by reference ABC’s Code of Professional Responsibility.