Professional Regulation and Criminal Liability - Research Paper Example

Professional Regulation and Criminal Liability Paper Introduction: Different branches in medical professions have different kinds of licensing, credentialing, certification and registration requirements. The category of medical profession being discussed in this paper is Physical Therapy Assistants (PTA). PTA program is a continous program lasting for two years which ends up in Assistant Degree Program mainly in human body composition, functioning of body processes, study of diseases and their origins, modus operandi of the treatment and professional role playing. The program consists of both practical and theoretical classes. Upon attaining graduation from an endorsed training program, the candidate needs to take up a National Physical Therapist Assistant Examination (NPTAE). Qualifying the examination is fundamental for gaining a license for practicing as a PTA. Participation in continuing education is also a pre-requisite for credentialing and eligibility for renewal of licenses over period of time, and this depends upon the discretion of states. Section 45.203 of the Texas Occupation Code states that “a) An applicant for a physical therapist license must... present:1)evidence satisfactory to the board that the applicant has completed an accredited physical therapy educational program; or (2) official documentation from an educational credentials review agency approved by the board certifying that the applicant has completed: (A) a program equivalent to a Commission on Accreditation of Physical Therapy Education accredited program; and (B) at least 60 academic semester credits or the equivalent from an accredited institution of higher education.” (Texas Occupations Code-Section 453.203: Qualifications for Physical Therapist or Physical Therapist Assistant License). Characteristically, PTA licenses are issued for 3 to 5 years, but states may require additional training, like occupational health and safety training, pathogen training as pre requisite for certification. Professional misconduct So far as it concerns the potential critical liability in the field of PTA, any undue relationship or harassment of a sexual or physical nature could constitute professional misconduct. Besides, intentionally touching, or feeling sexual parts of patients undergoing physical therapy treatment could also come within the ambit of professional misconduct, which could be punishable under existing Texas law. Thus, it is necessary that PTAs offer the highest moral standards of integrity and personal probity and should desist from harassing anybody, either “verbally, physically, emotionally, or sexually.” (Hamilton). Besides, false and misleading advertising, engaging in unprofessional conduct including fiscal indiscipline and other undesirable behavior could also be termed as professional misconduct and becomes susceptible to disciplinary action including suspension, or cancellation of practicing license. Thus, in real terms, engaging in any kind of activities that are specifically banned by the Code of Conduct and Ethics of Physical Therapist Assistant would well fall within the ambit of criminal and professional misconduct and shall be legally proceeded against as such. Summarize your findings with respect to one type of health care professional (e.g. physicians, nurses, pharmacists, nurse practitioners, etc.) include the following components: The category of health care professionals that is being taken up in this paper is that of Physical Therapist Assistant a. Identify the civil complaint process for patients/consumers to use in the event of suspected professional misconduct or incompetence. The patient could make use of toll free telephone complaints to register complaints against any person who practices this profession. All matters received by the office of Health Professions Council (HPC) shall be treated as private and confidential and shall be used only for authorized persons for promoting and advancing the cause of suffering and aggrieved patients/consumers and shall be used only for pre-determined purpose to bring alleged culprits before the due process of medical law and made to pay for their indiscretions of whatever magnitude and volume. These toll free numbers provide a great deal of flexibility and speed to receiving, registering, processing and adjudication of complaints against healthcare professionals in matters ranging from professional incompetence and negligence up to accepting graft and siphoning or defalcation of public monies. Again, the HPC hands over the complaint to an Assessing Officer who is responsible for assessing the complaint. A copy of the said complaint is also forwarded to the alleged errant HCP for his comments and defense statements. There is a time limit within which the alleged HCP violator would need to submit response to the show cause notice. After this, the due process of law follows in which the main adjudicator or the jury would have to hear arguments, witnesses and documentary evidences, thoroughly hear the case and pass, or not pass appropriate disciplinary action against perpetrators. It is thus seen that the civil procedure needs to provide the full details about the complainant, including the exact kind of misconduct or incompetence that needs to be investigated. Besides, the telephone format which is normally used provided anonymity and confidentiality of the complainant; otherwise s/he could be the target of reprisals by interested parties. It could also be a quick and convenient method of registering complaints, especially over a long period of time. b. Explore the role of the respective regulatory agencies in investigating such allegations and determining and applying appropriate disciplinary action, if any. The disciplinary Board Committee of the Executive Council of Physical Therapy and Occupational Therapy Examiners are empowered to investigate such allegations and determine and apply suitable disciplinary actions, as deemed necessary under the circumstances. Again, it is also necessary that the disciplinary committee takes a objective and professional stance regarding complaints directed towards professional heathcare givers, since this could affect their reputation and also their future careers in this field, and facts needs to be established in objective and fair method, considering the defendant innocent until such time he is proved guilty beyond reasonable doubt. Thus, “The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be provided to a person when the person files a complaint with the board. (b) The board shall provide reasonable assistance to a person who wishes to file a complaint.” (Texas Board of Physical therapy examiners Austin, texas). Standard procedure shall be allowed in all cases and the alleged defendant shall be given every opportunity to defend himself/ herself. c. Identify any potential criminal liability that could result to the health care professional relative to abuses perpetrated in practices involving these procedures, as well as professional misconduct. The liability that could accrue to healthcare professional in connection with abusive practices could be that his license could be suspended or revoked and he could be temporarily or permanently debarred from practicing as a PTA. Again, if he has acted as a whistleblower for nefarious and unprofessional activities of a doctor or RMP, that not only would he be protected under law, but also the concerned professional doctors could be brought under the due process of law. Again, if a written complaint, that is well within the jurisdiction of the board to resolve is received, it shall on a 3 month basis, until the complaint is disposed off, notify the status of the complaint to the parties and unless such notification would for all intents and practices, endanger the progress of the said investigations. d. Ascertain the process that would be followed in the event that criminal charges were to be filled for the described criminal behavior. It is important for the Board to dispose of the complaint in the most appropriate and time bound manner, establish the modus operandi of investigation within 30 days from receipt of the complaint. In the event, any changes occur, these need to be notified to the litigating parties within 7 days of its occurrence. Besides, in the event this complaint remains unresolved within the stipulated time, the coordinator of the complaint shall notify the board of this fact in order to facilitate the board to take the next course of action that is most appropriate and suitable under the given set of circumstances. Thus, the criminal charges would have to be substantiated and enforced or the defendant HCP has to be released scot free. Conclusion: The deliberations in this paper delve on the various jurisprudential aspects of healthcare and its implications in criminal negligence and how the regulatory bodies and agencies in the State of Texas view and control criminal liability and civil offences under the Texas Occupation Code. Various areas that have been taken up have been how, inter alia, the licensing, credentialing, certificating, are being carried out. Next, the procedural methods, including telephone complaints that need to be addressed and how the complaint procedures are initiated and managed. Finally, the processes that would have to be abided for criminal justice process in health care cases dealing with PTA’s have been delineated. What has been afforded above is just the general framework of jurisprudential action and a lot would, obviously depend upon the circumstances and surroundings of each specific case of individual or groups in actionable health care claims, of a civil or criminal nature. It is in the best medical interests of the entire PTA profession that the guilty are brought under the due process of law in order to save the reputation of the profession. At the same time, diligent and law respecting members of the profession should not be made the targets of whims and fancies of members of the public and patients or their relatives. Thus, extreme care needs to be taken in the conduct and management of such investigations. Works Cited Hamilton, Persis Mary. Ethics and Professional Reasonability for Texas Physical Therapists and Physical Therapist Assistant. Wild Iris: Medical Education. Inc. 2010. Web. 28 Nov. 2010. < http://www.nursingceu.com/courses/281/index_mand.html>. Texas Board of Physical therapy examiners Austin, texas. Texas Board of Physical therapy Examiners. 1999. Web. 28 Nov. 2010. < http://www.ecptote.state.tx.us/pdf/pt_act_99.pdf.html>. Texas Occupations Code-Section 453.203: Qualifications for Physical Therapist or Physical Therapist Assistant License. Onecle. 2007. Web. 28 Nov. 2010. < http://law.onecle.com/texas/occupations/453.203.00.html>. Read More