Section 297-7-3 - Clarification of TermsA. Fraud or Deceit 1. The practice of fraud or deceit in obtaining a license includes, but is not limited to: a. falsification or misrepresentation of education or experience of an applicant or licensee;b. falsification or misrepresentation of a recommendation from a consultant or peer;c. cheating on a licensure examination;d. intentionally withholding or misrepresenting any information requested on an application, including any information regarding criminal or disciplinary action taken by any jurisdiction against an applicant; ore. impersonating another applicant or licensee.2. The practice of fraud or deceit in connection with services rendered as a chiropractic doctor or assistant includes, but is not limited to: a. intentionally practicing or attempting to practice, or aiding another to practice, beyond the scope of the license held;b. intentionally misrepresenting the type or status of license held or qualifications to practice;c. intentionally committing or aiding another to commit fraud, deceit or corruption in billing, payment or insurance reimbursement procedures;d. intentionally engaging in false, misleading or deceptive advertising; ore. impersonating another licensee.B. Aiding or abetting unlicensed practice Aiding or abetting a person not duly licensed to represent him/herself as a licensed chiropractic doctor or assistant includes, but is not limited to:
1. knowingly assisting another to practice beyond the scope of his/her license or without a license;2. knowingly supervising or providing consultation to an unlicensed person representing him/herself as licensed or to a licensed person practicing beyond the scope of his/her license; or3. knowingly making referrals to an unlicensed person representing him/herself as licensed or to a licensed person practicing beyond the scope of his/her license.C. Incompetence or misconduct. Incompetence in the practice of chiropractic includes, but is not limited to:
1. intentionally or recklessly causing physical or emotional harm to a client or patient;2. failing to maintain the confidentiality of client or patient information, except as otherwise required by law;3. practicing chiropractic when physical or mental ability to practice is impaired by alcohol or drugs;4. practicing chiropractic when physical or mental ability to practice is impaired by physical, psychological or mental impediment;5. engaging in conduct which violates the Code of Ethics as described in Chapter 7 of the Board's rules;6. failing to provide adequate supervision of an assistant;7. practicing or attempting to practice beyond the scope of license held;8. advertising in a manner which is false, misleading or deceptive;9. paying, accepting or soliciting any payment or consideration for the referral of a client or patient;10. falsifying client or patient records;11. exercising undue influence on the client or patient, including the promotion for sale of goods, services or drugs, so as to exploit the client or patient for the financial gain of the chiropractic doctor or assistant;12. failure to report incidents of child or adult abuse or neglect as mandated by state law;13. engaging in conduct which evidences a lack of knowledge or ability to apply principles or skills to carry out the practice of chiropractic;14. subject to the limitations of 5 MRSA chapter 341, conviction of a crime which involves dishonesty or false statement or which relates directly to the practice of chiropractic; or15. violating the term of a professional agreement/contract with another chiropractic doctor, health care provider, or health care facility such that said violation causes the standard of care or continuity of patient care to be compromised or interrupted.D. Sexual Misconduct Sexual misconduct in the practice of chiropractic is behavior that exploits the chiropractic doctor's or assistant's relationship with a client or patient in a sexual way. This behavior is nondiagnostic and/or nontherapeutic, may be verbal or physical, and may include expressions or gestures that have a sexual connotation or that a reasonable person would construe as such. Sexual misconduct is considered incompetence and misconduct as defined in 32 MRSA §503-A(2)(E) and (F).
There are two (2) levels of sexual misconduct, sexual violation and sexual impropriety. Behavior listed in either level may constitute grounds for disciplinary action.
1. "Sexual violation" is any conduct by a chiropractic doctor or assistant with a patient that is sexual or may be reasonably interpreted as sexual, even when initiated by or consented to by a patient, including but not limited to: a. Sexual intercourse, genital to genital contact;b. Oral to genital contact;c. Oral to anal contact or genital to anal contact;d. Kissing in a sexual manner (e.g. french kissing);e. Any touching of a body part for any purpose other than appropriate examination, treatment, or comfort, or where the patient has refused or has withdrawn consent;f. Encouraging the patient to masturbate in the presence of the chiropractic doctor or assistant or masturbation by the chiropractic doctor or assistant while the patient is present; andg. Offering to provide practice - related services, in exchange for sexual favors.2. "Sexual impropriety" is behavior, gestures, or expressions by the chiropractic doctor or assistant that are seductive, sexually suggestive, or sexually demeaning to a patient, including but not limited to: b. Disrobing, draping practices, or touching of the patient's clothing that reflect a lack of respect for the patient's privacy; watching a patient dress or undress, instead of providing privacy for disrobing;c. Subjecting a patient to an examination in the presence of another, when the chiropractic doctor or assistant has not obtained the verbal or written consent of the patient or when consent has been withdrawn;d. Examination or touching of genitals without the use of gloves;e. Inappropriate sexual comments about or to the patient, including but not limited to, making sexual comments about a patient's body or underclothing, making sexualized or sexually demeaning comments to a patient, criticizing the patient's sexual orientation (homosexual, heterosexual, or bisexual), making comments about potential sexual performance during an examination or consultation (except when the examination or consultation is pertinent to the issue of sexual function or dysfunction), requesting details of sexual history or sexual likes or dislikes when not clinically indicated;f. Using the chiropractic doctor-patient or assistant-patient relationship to solicit a date or initiate romantic relationships;g. Initiation by the chiropractic doctor or assistant of conversation regarding the sexual problems, preferences, or fantasies of the chiropractic doctor or assistant; andh. Examining the patient in areas that may be misconstrued as sexual exploration without verbal or written consent. All circumstances will be considered in determining whether sexual impropriety has occurred. If the Board finds that a licensee has engaged in sexual misconduct as defined in chapter 7, section 3(D) of these rules, the licensee shall be disciplined in accordance with the Board's laws and rules.