Iowa Admin. Code r. 645-45.2 - [Effective until 6/19/2024] Grounds for discipline
The board may impose any of the disciplinary sanctions provided in rule 645-45.3 (147,272C) when the board determines that the licensee is guilty of any of the following acts or offenses:
(1) Fraud in procuring a
license. Fraud in procuring a license includes, but is not limited to, an
intentional perversion of the truth in making application for a license to
practice in this state, which includes the following:
a. False representations of a material fact,
whether by word or by conduct, by false or misleading allegations, or by
concealment of that which should have been disclosed when making application
for a license in this state, or
b.
Attempting to file or filing with the board or the department of public health
any false or forged diploma or certificate or affidavit or identification or
qualification in making an application for a license in this
state.
(2) Professional
incompetency. Professional incompetency includes, but is not limited to:
a. A substantial lack of knowledge or ability
to discharge professional obligations within the scope of practice.
b. A substantial deviation from the standards
of learning or skill ordinarily possessed and applied by other chiropractic
physicians in the state of Iowa acting in the same or similar
circumstances.
c. A failure to
exercise the degree of care which is ordinarily exercised by the average
chiropractic physician acting in the same or similar circumstances.
d. Failure to conform to the minimal standard
of acceptable and prevailing practice of a chiropractic physician in this
state.
e. Inability to practice
with reasonable skill and safety by reason of illness, drunkenness, excessive
use of drugs, narcotics, chemicals, or other type of material or as a result of
a mental or physical condition.
f.
Being adjudged mentally incompetent by a court of competent
jurisdiction.
(3)
Knowingly making misleading, deceptive, untrue or fraudulent representations in
the practice of the profession or engaging in unethical conduct or practice
harmful or detrimental to the public. This includes representations utilizing
the term "physical therapy" when informing the public of the services offered
by the chiropractic physician unless a licensed physical therapist is
performing such services. Nothing herein shall be construed as prohibiting a
chiropractic physician from making representations regarding physiotherapy that
may be the same as, or similar to, physical therapy or physical medicine as
long as treatment is appropriate as authorized in Iowa Code chapter 151. Proof
of actual injury need not be established.
(4) Practice outside the scope of the
profession.
(5) Use of untruthful
or improbable statements in advertisements. Use of untruthful or improbable
statements in advertisements includes, but is not limited to, an action by a
licensee in making information or intention known to the public which is false,
deceptive, misleading or promoted through fraud or misrepresentation or
representations that are likely to cause the average person to
misunderstand.
(6) Habitual
intoxication or addiction to the use of drugs.
(7) Obtaining, possessing, attempting to
obtain or possess, or administering controlled substances without lawful
authority.
(8) Falsification of
client records.
(9) Acceptance of
any fee by fraud or misrepresentation.
(10) Negligence by the licensee in the
practice of the profession. Negligence by the licensee in the practice of the
profession includes a failure to exercise due care including negligent
delegation of duties or supervision of employees or other individuals, whether
or not injury results; or any conduct, practice or conditions which impair the
ability to safely and skillfully practice the profession.
(11) Being convicted of an offense that
directly relates to the duties and responsibilities of the profession. A
conviction includes a guilty plea, including Alford and nolo contendere pleas,
or a finding or verdict of guilt, even if the adjudication of guilt is
deferred, withheld, or not entered. A copy of the guilty plea or order of
conviction constitutes conclusive evidence of conviction. An offense directly
relates to the duties and responsibilities of the profession if the actions
taken in furtherance of the offense are actions customarily performed within
the scope of practice of the profession or the circumstances under which the
offense was committed are circumstances customary to the profession.
(12) Violation of a regulation or law of this
state, another state, or the United States, which relates to the practice of
the profession.
(13) Revocation,
suspension, or other disciplinary action taken by a licensing authority of this
state, another state, territory, or country; or failure by the licensee to
report in writing to the board revocation, suspension, or other disciplinary
action taken by a licensing authority within 30 days of the final action. A
stay by an appellate court shall not negate this requirement; however, if such
disciplinary action is overturned or reversed by a court of last resort, the
report shall be expunged from the records of the board.
(14) Failure of a licensee or an applicant
for licensure in this state to report any voluntary agreements restricting the
practice of the profession in another state, district, territory or
country.
(15) Failure to notify the
board of a criminal conviction within 30 days of the action, regardless of the
jurisdiction where it occurred.
(16) Failure to notify the board within 30
days after occurrence of any judgment or settlement of a malpractice claim or
action.
(17) Engaging in any
conduct that subverts or attempts to subvert a board investigation.
(18) Failure to comply with a subpoena issued
by the board, or otherwise fail to cooperate with an investigation of the
board.
(19) Failure to comply with
the terms of a board order or the terms of a settlement agreement or consent
order.
(20) Failure to pay costs
assessed in any disciplinary action.
(21) Submission of a false report of
continuing education or failure to submit the biennial report of continuing
education.
(22) Failure to report
another licensee to the board for any violations listed in these rules,
pursuant to Iowa Code section
272C.9.
(23) Knowingly aiding, assisting, procuring,
or advising a person to unlawfully practice as a chiropractic
physician.
(24) Failure to report a
change of name or address within 30 days after it occurs.
(25) Representing oneself as a chiropractic
physician when one's license has been suspended or revoked, or when one's
license is on inactive status.
(26)
Permitting another person to use the licensee's license for any
purposes.
(27) Permitting an
unlicensed employee or person under the licensee's control to perform
activities requiring a license.
(28) Unethical conduct. In accordance with
Iowa Code section
147.55(3),
behavior (i.e., acts, knowledge, and practices) which constitutes unethical
conduct may include, but need not be limited to, the following:
a. Verbally or physically abusing a patient,
client or coworker.
b. Improper
sexual contact with, or making suggestive, lewd, lascivious or improper remarks
or advances to a patient, client or coworker, regardless of the patient's,
client's, or coworker's consent.
c.
Betrayal of a professional confidence.
d. Engaging in a professional conflict of
interest.
e. Engaging in a sexual
or emotional relationship with a former patient when there is a risk of
exploitation or harm to the patient, regardless of patient consent.
f. Failing to terminate the doctor-patient
relationship before dating or having a sexual relationship with a patient. Such
termination shall be done in writing and signed by both the patient and the
chiropractic physician and placed in the patient's record. This paragraph shall
not apply to a chiropractic physician who is treating the chiropractic
physician's spouse or to a sexual relationship that predates the initiation of
the doctor-patient relationship. Further, a chiropractic physician shall not
have consensual sexual relations with a former patient until three months after
the termination of the doctor-patient relationship.
(29) Failure to comply with universal
precautions for preventing transmission of infectious diseases as issued by the
Centers for Disease Control and Prevention of the United States Department of
Health and Human Services.
(30)
Violation of the terms of an initial agreement with the impaired practitioner
review committee or violation of the terms of an impaired practitioner recovery
contract with the impaired practitioner review committee.
(31) Unprofessional conduct or behavior. A
chiropractor shall not exhibit unprofessional behavior in connection with the
practice of chiropractic. Unprofessional behavior shall include, but not be
limited to, the following acts: verbal abuse, coercion, intimidation,
harassment, sexual advances, threats, degradation of character, indecent or
obscene conduct, requesting patient records without a medical justification,
and theft.
(32) Failure to respond
within 30 days of receipt of communication from the board which was sent by
registered or certified mail.
(33)
Failure to maintain a patient's record(s) for a minimum of six years after the
date of last examination or treatment. Records for minors shall be maintained
for one year after the patient reaches the age of majority (18) or six years
after the date of last examination or treatment, whichever is longer. Proper
safeguards shall be maintained to ensure the safety of records from destructive
elements. This provision includes both clinical and fiscal records.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.