Or. Admin. Code § 811-035-0015 - Unprofessional Conduct in the Chiropractic Profession
Unprofessional conduct means any unethical, deceptive, or deleterious conduct or practice harmful to the public; any departure from, or failure to conform to, the minimal standards of acceptable chiropractic practice; or a willful or careless disregard for the health, welfare, or safety of patients, in any of which cases proof of actual injury need not be established. Unprofessional conduct shall include, but not be limited to, the following acts of a chiropractic physician and certified chiropractic assistants:
(1) Conduct that is
prohibited as described in OAR
811-035-0019 Sexual
Unprofessional or Dishonorable Conduct;
(2) Charging fees for unnecessary
services;
(3) Failing to teach
and/or directly supervise persons to whom chiropractic services have been
delegated;
(4) Practicing outside
the scope of the practice of chiropractic in Oregon;
(5) Charging a patient for services not
rendered;
(6) Intentionally causing
physical or emotional injury to a patient;
(7) Directly or indirectly engaging in
threatening, dishonest, or misleading fee collection techniques;
(8) Soliciting or borrowing money from
patients;
(9) Receiving a
conviction of a crime (other than minor traffic violations) or a citation for
class E violations for possessing, obtaining, attempting to obtain, furnishing,
or prescribing controlled drugs to any person, including self, except as
directed by a person authorized by law to prescribe drugs; illegally using or
dispensing controlled drugs;
(10)
Aiding, abetting, or assisting an individual to violate any law, rule, or
regulation intended to guide the conduct of chiropractic physicians or other
health care providers;
(11)
Violating the rights of privacy or confidentiality of the patient unless
required by law to disclose such information;
(12) Perpetrating fraud upon patients or
third party payors, relating to the practice of chiropractic or performing the
duties of a certified chiropractic assistant;
(13) Using any controlled or illegal
substance or intoxicating liquor to the extent that such use impacts the
ability to safely conduct the practice of chiropractic or performing the duties
of a certified chiropractic assistant;
(14) Practicing chiropractic or performing
the duties of a certified chiropractic assistant without a current Oregon
license or certificate;
(15)
Allowing another person to use one's chiropractic license or certificate for
any purpose;
(16) Resorting to
fraud, misrepresentation, or deceit in applying for or taking the licensure or
certification examination or obtaining a license/certificate or renewal
thereof;
(17) Impersonating any
applicant or acting as a proxy for the applicant in any chiropractic licensure
or certification examination;
(18)
Disclosing the contents of licensure or certification examinations or
soliciting, accepting, distributing, or compiling information regarding the
contents of the examinations before, during, or after their administration;
(a) Notwithstanding this section, the Ethics
and Jurisprudence Examination is open book but must be taken solely by the
individual applicant without assistance from others; and
(b) The Chiropractic Assistant Examination is
open book but must be taken solely by the individual applicant without
assistance from others.
(19) Failing to keep complete, accurate, and
minimally competent records on all patients;
(20) Failing to provide the Board with any
documents requested by the Board;
(21) Failing to fully cooperate with the
Board during the course of an investigation, including but not limited to,
waiver of confidentiality privileges, except attorney-client
privilege;
(22) Failing to answer
truthfully and completely any question asked by the Board on an application for
licensure or certification, or during the course of an investigation, or any
other question asked by the Board;
(23) Failing to comply with state and federal
laws regarding child and elderly abuse, and communicable diseases;
(24) Failing to provide and maintain a safe
and sanitary treatment environment;
(25) Claiming any academic degree or
certification, not actually conferred or awarded;
(26) Disobeying a final order of the
Board;
(27) During a declared
emergency, unprofessional conduct includes failing to comply with any
applicable provision of a Governor's Executive Order or any provision of this
rule.
(a) Failing to comply as described in
subsection (27) includes, but is not limited to:
(A) Operating a chiropractic entity required
to be closed by a current Executive Order;
(B) Providing chiropractic services at a
business required to be closed by a current Executive Order;
(C) Failing to comply with applicable Oregon
Health Authority (OHA) guidance implementing a current Executive Order or OHA
rules in effect; and
(D) Failing to
comply with any OBCE guidance or rule implementing an Executive
Order.
(b) No
disciplinary action or penalty action shall be taken under this rule if the
Executive Order alleged to have been violated is not in effect at the time of
the alleged violation.
(28) Failing to comply with Oregon Health
Authority's (OHA) applicable rules;
(29) Failing to comply with Oregon
Occupational Safety and Health Administration's (OSHA) applicable
rules;
(30) Fee splitting means
compensation by or to a chiropractic physician or chiropractic clinic solely
for referral of a patient.
(a) Chiropractic
physicians may not refer patients based on whether the referring chiropractic
physician has negotiated a discount for specialty services. Chiropractic
physicians may not accept:
(A) Any
compensation of any kind, from any source for referring a patient other than
distributions of a health care organization's revenues as permitted by
law.
(B) Compensation for services
relating to the care of a patient from any health care facility/organization to
which the physician has referred the patient.
(C) Compensation for referring a patient to a
research study with the exception of remuneration for administrative
costs.
(b) Compensation
is defined as something given or received as payment including but not limited
to: bartering, tips, money, donations, goods, or services.
(31) Making an agreement with a patient or
person, or any person or entity representing patients or persons, or provide
any form of consideration that would prohibit, restrict, discourage or
otherwise limit a person's ability to file a complaint with the Board, to
truthfully and fully answer any questions posed by an agent or representative
of the Board regarding a board proceeding, or to participate as a witness in a
Board proceeding;
(32) It shall be
considered unprofessional conduct for a licensee to own or operate a clinic or
practice as a surrogate for, or be employed by, an individual or entity who
could otherwise not own and/or operate a chiropractic clinic under OAR
811-010-0120; and
(33) Chiropractic physicians holding an
ownership interest as described in OAR
811-010-0120 may be held
responsible, entirely or in part, for staff who provide patient services. This
includes a responsibility to render adequate supervision, management, and
training of staff or other persons including, but not limited to, chiropractic
physicians, student interns, chiropractic assistants and/or others practicing
under the licensee's supervision. Chiropractic physicians with staff may be
held responsible, entirely or in part, for undue influence on staff or a
restriction of an associated chiropractic physician from using their own
clinical judgment.
Notes
Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS 684.155
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