Wis. Admin. Code Naturopathic Medicine Examining Board Nat Med 5.02 - Unprofessional conduct
Unprofessional conduct includes any violation of the code of ethics adopted under s. Nat Med 5.01 or any of the following, or aiding or abetting the same:
(1) DISHONESTY AND
CHARACTER.
(a) Violating or attempting to
violate any provision or term of ch. 466, Stats., or of any valid rule of the
board.
(b) Violating or attempting
to violate any term, provision, or condition of any order of the
board.
(c) Knowingly engaging in
fraud or misrepresentation or dishonesty in applying for or procuring a
license, or in connection with applying for or procuring periodic renewal of a
license, or in otherwise maintaining such licensure.
(d) Knowingly giving false, fraudulent, or
deceptive testimony while serving as an expert witness.
(e) Employing illegal or unethical business
practices.
(f) Knowingly,
negligently, or recklessly making any false statement, written or oral, which
creates an unacceptable risk of harm to a patient, the public, or
both.
(g) Engaging in any act of
fraud, deceit, or misrepresentation, including acts of omission to the board or
any person acting on the board's behalf.
(h) Obtaining any fee by fraud, deceit, or
misrepresentation.
(i) Directly or
indirectly giving or receiving any fee, commission, rebate, or other
compensation for professional services not actually and personally rendered,
unless allowed by law. This prohibition does not preclude the legal functioning
of lawful professional partnerships, corporations, or associations.
(j) Engaging in uninvited in-person
solicitation of actual or potential patients who, because of their
circumstances, may be vulnerable to undue influence.
(k) Engaging in false, misleading, or
deceptive advertising.
(l)
Offering, undertaking, or agreeing to treat or cure a disease or condition by a
secret means, method, device, or instrumentality; or refusing to divulge to the
board upon demand the means, method, device, or instrumentality used in the
treatment of a disease or condition.
(m) Refusing to render services to a person
because of race, color, sex, religion, national origin, age, or
disability.
(2) DIRECT
PATIENT CARE VIOLATIONS.
(a) Practicing or
attempting to practice under any license when unable to do so with reasonable
skill and safety. A certified copy of an order issued by a court of competent
jurisdiction finding that a person is mentally incompetent is conclusive
evidence that the licensee was, for any period covered by the order, unable to
practice with reasonable skill and safety.
(b) Departing from or failing to conform to
the standard of minimally competent practice which creates an unacceptable risk
of harm to a patient or the public whether or not the act or omission resulted
in actual harm to any person.
(c)
Prescribing, ordering, dispensing, administering, supplying, selling, giving,
or obtaining any prescription medication in any manner that is inconsistent
with the standard of minimal competence.
(d) Performing professional services
inconsistent with training, education, or experience.
(e) Engaging in sexually explicit conduct,
sexual contact, exposure, gratification, or other sexual behavior with or in
the presence of a patient, a patient's immediate family, or a person
responsible for the patient's welfare.
1.
Sexual motivation may be determined from the totality of the circumstances and
shall be presumed when the licensee has contact with a patient's intimate parts
without legitimate medical justification for doing so.
2. For the purpose of this paragraph, an
adult receiving treatment shall be considered a patient for 2 years after the
termination of professional services.
3. If the person receiving treatment is a
child, the person shall be considered a patient for the purposes of this
paragraph for 2 years after termination of professional services or for 2 years
after the patient reaches the age of majority, whichever is longer.
(f) Engaging in any sexual conduct
with or in the presence of a patient or former patient who lacks the ability to
consent for any reason, including medication or psychological or cognitive
disability.
(g) Engaging in
repeated or significant disruptive behavior or interaction with hospital
personnel, patients, family members, or others that interferes with patient
care or could reasonably be expected to adversely impact the quality of care
rendered.
(h) Knowingly,
recklessly, or negligently divulging privileged communication or other
confidential patient health care information except as required or permitted by
state or federal law.
(i)
Performing services without required informed consent under s.
Nat Med
2.01.
(j)
Aiding or abetting the practice of an unlicensed, incompetent, or impaired
person or allowing another person or organization to use one's license to
practice.
(k) Appropriating the
identity of another person holding a license issued by this or another
board.
(l) Withdrawing from a
doctor-patient relationship unilaterally and without reasonable justification
by discontinuing a patient's treatment regimen when further treatment is
medically indicated and any of the following occur:
1. The licensee fails to give the patient at
least 30 days notice in advance of the date on which the licensee's withdrawal
becomes effective.
2. The licensee
fails to allow for patient access to or transfer of the patient's health record
as required by law.
3. The licensee
fails to provide for continuity of care during the period between the notice of
intent to withdraw from the doctor-patient relationship and the date on which
the doctor-patient relationship ends.
(3) LAW VIOLATIONS, ADVERSE ACTION, AND
REQUIRED REPORTS TO THE BOARD.
(a) Failing to
report within 30 days to the board any final adverse action taken against the
licensee's authority to practice by another licensing jurisdiction.
(b) Failing to comply with state and federal
laws regarding access to patient health care records.
(d) Failing to establish and maintain patient
health care records consistent with the requirements of s.
Nat Med
2.02 or as otherwise required by law.
(e) After a request by the board, failing to
cooperate in a timely manner with the board's investigation of a complaint
filed against a licensee. There is a rebuttable presumption that a licensee who
takes longer than 30 days to respond to a request of the board has not acted in
a timely manner.
(f) Having a
license, certificate, permit, or registration granted by another state to
practice naturopathic medicine limited, suspended, or revoked, or subject to
any other disciplinary action.
Notes
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