21 NCAC 64 .0303             PRINCIPLE OF ETHICS II

The licensee must guard against conflicts of professional interest.

(1)           He must not accept compensation in any form from a manufacturer or a dealer in prosthetic or other devices for recommending any particular product.

(2)           Public statements and announcements of services should serve to provide accurate and adequate information to the public about the profession and the services rendered by its practitioners.  All licensees must observe this principle as an affirmative ethical obligation under all conditions of professional practice.  The announcement may include:  identification by name, appropriate professional title and qualifications, services offered, fees, location, hours and telephone number.

(3)           He must not engage in commercial activities that conflict with his responsibilities to the persons he serves professionally or to his colleagues.  Individual licensees, and their employers, if any, who elect to provide products are expected to follow these principles:

(a)           Products associated with the licensee's professional practice must be provided to the person served as a part of the program of comprehensive habilitative care.

(b)           The amount of fees charged for professional services should be independent of whether a product is dispensed in order to insure objectivity in professional decisions.

(c)           Other principles of ethical professional practice which must be adhered to in the providing of products include:

(i)            providing for persons served a freedom of choice for the source of services and products,

(ii)           providing to persons served a complete schedule of fees and charges in advance of rendering services,

(iii)          evaluating the effectiveness of services rendered and products provided to the persons served, and

(iv)          presenting to persons served a statement which clearly differentiates between fees‑for‑services rendered and costs of products provided.

(4)           Licensees shall maintain adequate records of professional services rendered.

(a)           Licensees must neither provide services nor supervision of services for which they have not been properly prepared, nor permit services to be provided by any of their staff who are not properly prepared to perform such services.

(b)           Licensees must not delegate any service requiring the professional competence of licensed individuals.

(c)           Licensees must not require anyone under their supervision to engage in any practice that is a violation of this Code of Ethics or of the licensing act.


History Note:        Authority G.S. 90‑304(a)(3);

Eff. February 9, 1976;

Amended Eff. November 1, 1989; March 10, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.