Standards of Conduct

Professional Review Committee

I. Preamble

1.1 Introduction

The Board of Registered Polysomnographic Technologists (“BRPT”) is a nonprofit corporation that provides board certification and re-certification for Polysomnographic Technologists. BRPT is an independent organization, governed by a Board of Directors (the “Board”) that includes a diverse group of experts in polysomnographic technology.

For the purposes of these Standards of Conduct (the “Standards”), the term “Committee” shall mean the BRPT Professional Review Committee. The term “Profession” shall mean the practice of polysomnography. “RPSGT Applicant/Certificant” shall mean any person who has been awarded or has applied for the Registered Polysomnographic Technologist certification by BRPT.

BRPT seeks to encourage, establish and maintain the highest standards, traditions and principles of polysomnographic technologists. RPSGT Applicants/Certificants should recognize their responsibilities, not only to their patients, but also to society, to other health care professionals and to themselves. RPSGT Applicants/Certificants are responsible for maintaining and promoting ethical practice. All RPSGT Applicants/Certificants shall abide by BRPT’s Standards, Rules and Procedures Regarding Ethical and Professional Review Complaints (“Rules and Procedures”), and all other BRPT rules, policies and procedures. BRPT may take review action against any individual who fails to meet these requirements. Such review action may include, but not be limited to, suspending or revoking a RPSGT Applicant/Certificant’s certification, or declaring a RPSGT Applicant/Certificant candidate ineligible for certification.

1.2 Ethics, Custom, Competency and the Law

Unethical conduct may involve violations of customs and usages of the Profession as well as actions that violate the law. All RPSGT Applicants/Certificants shall provide competent services and shall use all efforts to meet patient’s polysomnographic requirements. Failure to conform to these Standards, including conduct that violates moral principles, customs and practices of the profession or the law, shall be subject to review action as set forth in the Rules and Procedures. The RPSGT Applicant/Certificant shall act in the best interests of the patient at all times. Failure to conform to these Standards, including conduct that violates moral principles, customs and practices of the Profession or the law, shall be subject to review action and ultimate determination by the adjudicative authority as established in the Rules and Procedures. Such review action depends upon the particular circumstances involved and how the conduct in question reflects upon the dignity and integrity of the Profession.

Depending upon the circumstances, the Committee will take appropriate action, if any, consistent with the Rules and Procedures. Each RPSGT Applicant/Certificant has a civic and professional obligation to report to the appropriate governmental body any and all evidence that may come to his/her attention involving the alleged criminal conduct of any RPSGT Applicant/Certificant relating to the practice of polysomnography.

1.3 Disclosure of Other Agency Actions

Each RPSGT Applicant/Certificant must promptly, fully and accurately disclose to BRPT any and all findings and actions by any government agency, quasi-government agency, licensing board or other similar health related agency or body responsible for national, state or local licensing and/or oversight of health or other polysomnographic licenses, certifications or the like (“Other Agencies”). Each RPSGT Applicant/Certificant must make such disclosure within thirty (30) days from the date of action by any Other Agency. Each RPSGT Applicant/Certificant must promptly and fully cooperate with BRPT and with Other Agencies.

II. Responsibilities to the Patient

2.1 Confidential Information

All information relating to a patient’s background, condition, treatment or management plan or any other information relating to the RPSGT Applicant/Certificant / patient relationship is and shall always remain confidential and may not be communicated to any third party not involved in the patient’s care without the prior written consent of the patient or patient’s legal guardian.

All patient information derived in a work place from a working relationship among RPSGT Applicants/Certificants relating to any patient shall be held and always remain confidential by all parties. The confidentiality requirements set forth in this Section 2.1 shall be strictly adhered to by all RPSGT Applicants/Certificants unless the information is required by court order or it becomes necessary to disclose such information to protect the welfare of the patient and/or the community. In such an event, all disclosures of confidential information shall be in accordance with applicable legal requirements.

2.2 Trust and Honesty

The RPSGT Applicant/Certificant shall be truthful and honest to the patient, the BRPT, their employer and the public in general.

2.3 Fees and Compensation

Fees for polysomnographic services should be reasonable for the services performed, taking into consideration the setting in which the services are provided, the practice costs in the geographic area, the judgment of other related or similar organizations, and other relevant factors. The RPSGT Applicant/Certificant shall never place his/her own financial interest above the welfare of the patient. The RPSGT Applicant/Certificant shall not engage in false, misleading or deceptive actions in relation to the ultimate cost of the services undertaken or furnished. The RPSGT Applicant/Certificant shall not knowingly submit false or misleading information in requesting reimbursement from third-party payers, including Medicare and private insurers.

2.4 Practice Arrangements

RPSGT Applicants/Certificants shall not: (i) directly or indirectly request, receive or participate in dividing, transferring, assigning or rebating any funds derived from a referral of a patient to any other individual or entity, whether affiliated with the RPSGT Applicant/Certificant or otherwise; or (ii) except for the reasonable and customary fees earned for services performed for the patient, profit by means of a credit or other valuable consideration, such as an unearned commission, discount or gratuity for providing polysomnographic services.

2.5 Compliance with Laws and Regulations

RPSGT Applicants/Certificants shall provide evaluation and therapeutic intervention in accordance with the laws and regulations of the jurisdictions in which they practice.

2.6 Reporting

The RPSGT Applicant/Certificant shall report to BRPT any conduct that appears to violate these Standards.

2.7 Delegation of Responsibility

The RPSGT Applicant/Certificant shall not delegate any responsibility requiring unique skills, knowledge or judgment that compromises patient care and safety to a less than qualified person. The primary responsibility for polysomnographic care performed by supporting personnel rests with the delegating RPSGT Applicant/Certificant. Adequate supervision is required to make certain the patient receives the necessary and appropriate care.

2.8 Public Communication

RPSGT Applicants/Certificants shall not use, nor participate in any use of, any form of communication containing a false, fraudulent, misleading, deceptive, unfair or sensational statement or claim. RPSGT Applicants/Certificants shall not provide any consideration to any member of the press, radio or television, or other communication medium in exchange for professional publicity in a news item. Each advertisement shall be identified as an advertisement unless it is absolutely clear from the context that it is a paid advertisement.

2.9 Illegal Discrimination

The RPSGT Applicant/Certificant shall not decline to accept a patient on the basis of race, gender, color, religion or national origin or on any basis that would constitute illegal discrimination.

2.10 Sexual Relations with Patient Prohibited

The RPSGT Applicant/Certificant shall not have consensual or nonconsensual sexual relations with a current or former patient of the RPSGT Applicant/Certificant unless a consensual sexual relationship existed between the RPSGT Applicant/Certificant and the patient prior to the provision of any polysomnographic services or the RPSGT Applicant/Certificant has not provided any polysomnographic services to the patient for the one year period preceding the beginning of the sexual relationship. The RPSGT Applicant/Certificant shall not engage in, require, or demand sexual relations with a patient incidental to or as a condition of any polysomnographic services.

2.11 Sexual Relations with Key Third Parties Prohibited

The RPSGT Applicant/Certificant shall not have consensual or nonconsensual sexual relations with a Key Third Party when such relations are based on the use or exploitation of trust, knowledge, influence or emotions derived from a professional relationship. A “Key Third Party” is a person who is closely related to the patient and shall include, but is not limited to, spouses or partners, parents, guardians, surrogates and proxies. Each matter shall be evaluated on a case-by-case basis. Factors to be considered shall include: (i) the length of the professional relationship; (ii) the degree of the Key Third Party’s emotional dependence on the RPSGT Applicant/Certificant; and (iii) the importance of the clinical encounter to the Key Third Party and the patient.

III. Responsibilities to Colleagues and the Profession

3.1 Dignity

The RPSGT Applicant/Certificant has the personal responsibility to conduct himself/herself in a manner that will assure the dignity and status of the Profession. Examples of unacceptable behavior include, but are not limited to, misusing the certification credential; slandering or libeling another; disparaging former employers; disparaging former employees; and misrepresenting one’s capacity as a provider of services.

3.2 Solicitation

The RPSGT Applicant/Certificant shall not, either directly or indirectly, solicit the patronage of individual patients by way of intimidation, threats, harassing conduct, undue influence, coercion, duress, unwarranted promises of benefits or solicitation of a patient who is apparently in a mental condition that impairs his/her personal judgment to make decisions concerning the products or services being offered. The RPSGT Applicant/Certificant shall not solicit a patient in a manner that is inconsistent with his/her obligation to act in a dignified manner as set forth in Standard 3.1 above.

3.3 Examination

The RPSGT Applicant/Certificant shall maintain the security and prevent the disclosure of RPSGT credentialing examinations and their content.

IV. Patient Care by Other Healthcare Professionals

4.1 Concern About Care by Other Healthcare Professionals

The RPSGT Applicant/Certificant should exercise appropriate respect for other healthcare professionals. Except in the case of emergencies, concerns regarding patient care provided by other such professionals shall be addressed directly to those professionals rather than to the patient. If such concerns rise to the level of criminal violation, incompetence or malpractice, the RPSGT Applicant/Certificant must immediately notify appropriate facility management.

V. Credential

5.1 Use of Credential

The RPSGT Applicant/Certificant shall use the fact that they are credentialed only as evidence of meeting the requisite standard of knowledge and competency in the Profession as defined by BRPT.

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