32-2051. Rights of consumers

A. The public has access to the following information:

1. A list of licensees and interim permit holders that includes the licensee's and interim permit holder's place of practice, license or interim permit number, date of license or interim permit expiration and status of license or interim permit.

2. A list of physical therapist assistants certified in this state, including place of employment, certificate number, date of certificate expiration and status of certificate.

3. Public records.

B. The home addresses and telephone numbers of physical therapists and physical therapist assistants are not public records and shall be kept confidential by the board unless they are the only addresses and telephone numbers of record.

C. 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.

D. A physical therapist shall disclose in writing to a patient any financial interest in products the physical therapist endorses and recommends to the patient and shall document this disclosure in the patient's record.

E. A physical therapist shall ensure that each patient understands that the patient has freedom of choice in services and products.

F. Information relating to the physical therapist-patient relationship is confidential and shall not be communicated to a third party who is not involved in that patient's care without the prior written consent of the patient. The physical therapist shall divulge to the board information it requires in connection with any investigation, public hearing or other proceeding. The physical therapist-patient privilege does not extend to cases in which the physical therapist has a duty to report information as required by law. The confidentiality requirements and privileges of this subsection also apply to physical therapist assistants.

G. Each licensee and certificate holder shall display a copy of the license or certificate and current renewal verification in a location accessible to public view at the licensee's place of practice. If the licensee or certificate holder is unable to display the license, certificate or current renewal verification, the licensee or certificate holder must produce that documentation on request.

H. The board shall keep all information relating to the receipt and investigation of complaints filed against a licensee or certificate holder confidential unless the information is disclosed in the course of the investigation or any subsequent proceeding or if that information is required to be disclosed by law.

I. The following are confidential and are not available to the public:

1. Patient records, including clinical records, files, any report or oral statement relating to a diagnostic finding or treatment of a patient.

2. Any information from which a patient or a patient's family might be identified.

3. Information received and records or reports kept by the board as a result of an investigation made pursuant to this chapter.