Section 846 IAC 1-3-3 - Standards for competent practiceAuthority: IC 25-10-1-1.5
Affected: IC 25-10-1-1
Sec. 3.
A practitioner, in the conduct of his or her chiropractic practice, shall abide by the following standards of competent practice:
(1) The practitioner shall keep in confidence whatever he or she may learn about a patient in the discharge of professional duties. Information shall be divulged by the practitioner only when required by law or when authorized by the patient.(2) The practitioner shall give a candid account of the patient's condition to the patient or to those responsible for the patient's care.(3) The practitioner shall give due notice to a patient or to those responsible for the patient's care when he withdraws from a case so that another practitioner may be engaged. The practitioner shall not abandon a patient.(4) A practitioner shall practice in accordance with the body of scientific systemized knowledge related to the healing arts.(5) A practitioner shall not hold forth or indicate the possession of any degree recognized as the basis for licensure to practice the healing arts unless he or she is actually licensed on the basis of that degree in the state in which he or she practices.(6) A practitioner shall obtain consultation whenever requested to do so by a patient. Further, the practitioner shall refer the patient to another practitioner in any case where the practitioner does not consider himself or herself qualified to treat the patient or is unable to diagnose the illness or disease of the patient.(7) Any practitioner who knows of the illegal, incompetent, or unethical conduct in the practice of chiropractic of another practitioner shall report such conduct to the proper authorities or tribunals, or both. Further, any practitioner who has knowledge of any person engaging in the unauthorized practice of chiropractic shall report such conduct to the proper authorities and/or tribunals, or both.(8) Any fee charged by a practitioner for his or her professional services shall be reasonable and shall compensate the practitioner only for services actually rendered.(9) A practitioner shall not pay or receive compensation for referral of a patient.(10) A practitioner shall be fully responsible and accountable for the conduct of each and every person employed by the practitioner for every action (or failure to act) by said employee or employees in the course of said employee's or employees' relationship with said practitioner. Provided however, a practitioner shall not be responsible for the actions of persons he or she may employ whose employment by the practitioner does not relate directly to the practitioner's practice of chiropractic.(11) A practitioner may (whenever he or she believes it to be beneficial to the patient) send (or refer) a patient to another qualified health practitioner for treatment or health services that fall within the other health practitioner's scope of practice. Prior to any such referral, however, the practitioner shall examine the patient to ensure that a condition does exist in the patient that is within the scope of practice of the other health practitioner to whom the patient is referred.(12) A practitioner shall not charge a separate and distinct fee for the incidental, administrative, non-chiropactic [sic] service of securing admission of a patient to a health care facility.(13) The practitioner shall upon retirement, discontinuation of his or her chiropractic practice, or moving from a community, notify all patients upon his or her active list that he or she intends to discontinue his or her practice in the community and encourage such patients to seek the services of some other practitioner. The practitioner discontinuing his or her practice shall make arrangements with the patient for the transfer of his or her records (or copies thereof) to the succeeding practitioner.(14) A practitioner shall not base his or her fee upon the uncertain outcome of a contingency, whether such contingency be the outcome of litigation or any other occurrence or condition that may or may not develop, occur, or happen.(15) In the conduct of the practice of chiropractic a chiropractor may perform any service that is not beyond the scope of practice set out in section 1 of this rule.(16) In the conduct of the practice of chiropractic no chiropractor shall violate any of the provisions of the code of professional conduct set out in section 2 of this rule.(17) Any practitioner using solid filiform needles to treat neuromusculoskeletal pain and dysfunction, which is commonly referred to as dry needling, must practice health and sanitation standards in a manner consistent with current professional theory or practice for dry needling treatment. The current Indiana state department of health universal precautions set forth in 410 IAC 1-4 and U.S. Occupational Safety and Health Administration (OSHA) blood-borne pathogen standards set forth in 29 CFR 1910.1030 shall be considered authoritative sources of such current professional theory or practice. 410 IAC 1-4 and 29 CFR 1910.1030 are not intended to be the exclusive authoritative sources of current professional theory or practice for dry needling treatment.Board of Chiropractic Examiners; 846 IAC 1-3-3; filed Jul 28, 1983, 9:03 am: 6 IR 1742; readopted filed Jul 10, 2001, 2:55 p.m.: 24 IR 4236; readopted filed Oct 4, 2007, 3:34 p.m.: 20071031-IR-846070057RFA; readopted filed November 25, 2013, 9:18 a.m.: 20131225-IR-846130274RFAReadopted filed 11/25/2019, 12:19 p.m.: 20191225-IR-846190186RFAFiled 1/6/2021, 12:04 p.m.: 20210203-IR-846200279FRA