S.C. Code Regs. 25-6 - Professional Conduct

Current through Register Vol. 45, No. 12, December 24, 2021

A. Unprofessional Acts. The following acts or activities by a licensee of this Board constitute unprofessional, unethical or illegal conduct and grounds for disciplinary action. The following acts are not to be considered all-inclusive and are subject to revisions and additions necessary to carry out the Board's purpose of protecting the health, safety and welfare of the public.
(1) Limitation of Practice. Persons licensed by the Board shall be limited to:
(a) the care and performance of therapeutic or hygienic treatment of patients;
(b) the x-ray of patients; and
(c) such other procedures as are generally used in the practice of chiropractic.
(2) Such other procedures as are generally used in the practice of chiropractic shall be limited to:
(a) the use of diagnostic and therapeutic procedures;
(b) the adjustment and manipulation of articulations;
(c) the treatment of inter-segmental disorders for alleviation of related neurological, muscular, and osseous joint complex aberrations.
(3) Patient care shall be conducted with due regard for environmental, hygiene, sanitation, rehabilitation and physiological therapeutic procedures designed to assist in the restoration and maintenance of neurological and osseous integrity.
(4) Diagnostic or therapeutic procedures shall not include the use of:
(a) drugs;
(b) surgery;
(c) cauterization;
(d) desiccation or coagulation of tissues;
(e) rectal examinations;
(f) gynecological examinations;
(g) obstetrics;
(h) catheterization with a needle;
(i) injecting of dyes for radiological procedures;
(j) lumbar puncture to obtain spinal fluid;
(k) treatment of cancer or x-ray therapy.
(5) Fraud or deceit in applying for a license or in taking an examination.
(6) Making misleading, deceptive, untrue or fraudulent representations or communications in the practice of chiropractic.
(7) Unprofessional conduct, gross incompetence, negligence or misconduct in the practice of chiropractic.
(8) Disobedience to a lawful rule or order of the Board.
(9) Practicing while license is suspended or lapsed.
(10) Being convicted of a felony or misdemeanor.
(11) Having a license to practice chiropractic suspended, revoked or refused or receiving other disciplinary actions by the proper chiropractic licensing authority of another state, territory, possession or country.
(12) Being unable to practice chiropractic with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals or any other type of material, or as a result of any mental or physical condition. In enforcing this paragraph, the Board shall, upon probable cause, have authority to compel a chiropractor to submit to a mental or physical examination by physicians approved by the Board.
(13) Knowingly aiding, assisting, procuring or advising any unlicensed person to practice chiropractic contrary to this act or regulations of the Board.
(14) Committing immoral or unprofessional conduct. Unprofessional conduct shall include any departure from, or failure to conform to, the standards of acceptable and prevailing chiropractic practice. Actual injury to a patient need not be established.
(15) Improper charges, fraud. Improper charges constitute a form of fraudulent and deceptive practice. Improper charges or fraud may include, but are not limited to: Intentionally submitting to any third-party payor a claim for a service or treatment which was not actually provided to a patient.
(16) A chiropractor shall not receive payment, commission, or any type of gratuity for referral of patients.
B. X-ray and Patient Records Release.
(1) A patient or the patient's legal representative has a right to receive a copy of patient records and x-rays, or have the records transferred, upon written request, when accompanied by a written authorization from the patient or patient's representative to release the record and to receive these records within fourteen (14) calendar days of the date of request.
(2) A chiropractor may rely on the representations of a health and life insurance carrier or administrator of health and life insurance claims that the authorization of the patient or of a person upon whose status the patient's claim depends for release of the record is on file with the carrier as an authorization to release medical information.
(3) Unpaid charges incurred by the patient are not grounds for refusal to release records.
(4) A chiropractor may charge reasonable costs for copying patient records not to exceed those found in statute.
C. Closure of or departure from a chiropractic practice.
(1) In accordance with 25-6(F), when departing or closing a chiropractic practice, current and former patients and the Board must be notified by written or electronic mail correspondence a minimum of sixty (60) days prior to the closure. The notice must include:
(a) the office closing date;
(b) where records will be stored;
(c) how to obtain records;
(d) a release of information form
(e) deadline for submitting records request; and
(f) information on how to contact a new chiropractor/healthcare provider.
(2) An announcement should be placed in the local newspaper of the closure at least sixty (60) calendar days prior to the closure.
D. In the event the chiropractor chooses to terminate the relationship with the patient and no longer plans to provide or render professional services, the patient shall be notified in writing by certified mail at his or her last known address. The chiropractor shall offer the patient a referral to seek other care and the ability to obtain his or her records.
E. Specialty Certification. Practitioners may not advertise or hold themselves out as a specialist or specializing in any activity unless the practitioner is certified from:
(1) a specialty council approved by the American Chiropractic Association or International Chiropractors Association;
(2) a specialty taught by a chiropractic college accredited by the Council on Chiropractic Education, or its equivalent specialty board or council; or
(3) a specialty approved by the Board.
F. Chiropractic Records. A practitioner must keep written chiropractic records justifying the course of treatment of the patient for a minimum of ten (10) years for adult patients and at least thirteen (13) years for minors. These minimum record-keeping periods begin on the last date of treatment.
G. Contagious and Infectious Diseases. In all cases of known or suspected contagious or infectious diseases occurring within this State, the attending practitioner shall report such disease to the county health department within twenty-four (24) hours, stating the name and address of the patient and the nature of the disease.
(1) The Department of Health and Environmental Control shall designate the diseases it considers contagious and infectious.
(2) Any practitioner who fails to comply with this provision is subject to penalties imposed by the appropriate health department.

Notes

S.C. Code Regs. 25-6
Amended by State Register Volume 17, Issue No. 4, eff April 23, 1993; State Register Volume 23, Issue No. 6, eff June 25, 1999; State Register Volume 33, Issue No. 4, eff April 24, 2009; State Register Volume 37, Issue No. 6, eff June 28, 2013; State Register Volume 44, Issue No. 06, eff. June 26, 2020.

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