1. (1) It shall be a violation of the Committee’s rules and regulations, that may result in discipline, for a Polysomnographic Technologist, Technician, or person practicing polysomnography pursuant to T.C.A. § 63-31-107(a)(4) to do any of the following:

   1. (a) Fail to maintain in strict confidence all privileged information concerning a patient except as disclosure or use of information is permitted or required by law.
   2. (b) Have sexual relations with a current or former patient unless the practitioner has not provided any polysomnographic services to the patient within the one year period preceding the beginning of the sexual relationship.
   3. (c) Have sexual relations with a close family member of a patient unless the practitioner has not provided any polysomnographic services to the patient within the one year period preceding the beginning of the sexual relationship.
   4. (d) Either directly or indirectly solicit the patronage of patients by way of intimidation, threats, harassing conduct, undue influence, coercion, duress, unwarranted promises of benefits; or either directly or indirectly solicit a patient who is apparently in a mental condition that impairs judgment to make decisions about the products or services being offered. THE PRACTICE OF POLYSOMNOGRAPHY
   5. (e) Claim or assert the authority to practice beyond the scope of practice for a polysomnographic technologist.
   6. (f) Provide treatment or care beyond their competence and/or the instructions of the supervising physician.
   7. (g) Fail to follow the necessary procedural protocols to ensure collection of appropriate data.
   8. (h) Fail to demonstrate the knowledge and skills necessary to recognize and provide age- specific care in the treatment, assessment, and education of pediatric, adolescent, adult and geriatric patients.

Authority: T.C.A. §§ 63-1-107, 63-31-104, 63-31-106, 63-31-108, and 63- 31-109. Administrative History: Original rule filed March 2, 2010; effective May 31, 2010.