328-A:15 Rights of Consumers; Confidentiality. –
I. [Repealed.]
II. [Repealed.]
III. If a referring practitioner is deriving direct or indirect compensation from the referral to physical therapy the physical therapist shall disclose this information in writing to the patient prior to the initial evaluation.
IV. A physical therapist shall disclose in writing to a patient any financial interest in products that the physical therapist endorses and recommends to the patient at the time of such endorsement or recommendation.
V. A physical therapist shall inform each patient that the patient has freedom of choice in services and products.
VI. Confidential communications between physical therapists and physical therapist assistants and their patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no licensee shall be required to disclose such privileged communications. Confidential communications between a patient of a licensee and any person working under the supervision of such licensee to provide services that are customary and necessary for diagnosis and treatment are privileged to the same extent as would be the same communications between the supervising licensee and the patient. The privilege for confidential communications shall not apply to investigations and disciplinary proceedings conducted by any agency regulating health occupations or professions in this state.
VII. Any person may submit a complaint regarding any licensee or any other person potentially in violation of this chapter.
VIII. Unless used in disciplinary proceedings, the following shall be held confidential by the board:
(a) Complaints received by the board.
(b) Information and records acquired by the board during its investigations of complaints and other information relating to violations of this chapter coming to the attention of the board.
(c) Reports and records made by the board as a result of such investigations.
(d) Patient records, including clinical records, files, oral or written reports relating to diagnostic findings or treatment of licensees' patients, and oral or written information from which the identity of licensees' patients or their families can be derived.
IX. Each licensee shall display a copy of the licensee's license or current renewal verification or a notice of the availability of this information in a location accessible to public view at the licensee's place of practice.
Source. 2002, 237:1. 2003, 310:30-35, eff. July 1, 2003. 2021, 197:25, II, eff. July 1, 2021. 2023, 79:322, I, eff. Sept. 1, 2023.