Okla. Admin. Code § 140:15-7-5

Current through Vol. 42, No. 6, December 2, 2024

Section 140:15-7-5 - Code of Ethics

There is hereby created the "Oklahoma Chiropractic Code of Ethics". This Code of Ethics is based upon the fundamental principle that the ultimate end and objective of the chiropractic physician's professional services and effort should be: "The greatest good for the patient."

(1) Chiropractic physicians shall attend to their patients as often as they consider necessary to ensure the well-being of their patients, but should avoid unnecessary treatments;

(2) Having once undertaken to serve a patient, chiropractic physicians shall not neglect the patient. Chiropractic physicians shall not terminate their professional services to patients without taking reasonable steps to protect such patients, including due notice to them allowing sufficient time for obtaining professional services of others, delivering to their patients all papers and documents in compliance with paragraph 3 of this subsection;

(3) Chiropractic physicians shall comply within twenty-one (21) calendar days of a patient's authorization certification to provide records, or copies of such records, to those persons whom the patient designates as authorized to inspect or receive all or part of such records. A reasonable charge may be made for the cost of copying records. Unpaid charges incurred by the patient are not grounds for refusal to release records.

(A) After receipt of complaint, all records shall be available for inspection and copying by investigators of the Board during normal business hours.

(B) A patient record shall be maintained for every patient under the care of the chiropractic physician and such records shall be kept confidential. Only authorized personnel shall have access to the records.

(C) Records generally shall not be removed from the control of the chiropractic physician except upon court order or as authorized by law. Board staff shall be authorized to obtain copies or review any records to assure compliance with these rules or other parts of the Act.

(D) Chiropractic physicians shall furnish the Board, its investigators or representatives, information lawfully requested by the Board and shall cooperate with a lawful investigation conducted by the Board.

(4) A chiropractic physician shall establish a plan for custodianship of patient records in the event they are incapacitated, become deceased, are or will become unable to maintain patient records.

(A) In the event a chiropractic physician dies or becomes incapacitated and unable to practice, and there is a chiropractic physician associated with the practice, the deceased, incapacitated or unavailable chiropractic physician's personal representative, guardian, administrator, conservator, next of kin, or other legal representative shall notify the Board in writing of the management arrangement for the custody and transfer of patient files and records. This individual shall ensure the security of, and access to, patient files and records, by the physician's patient files to the Board in writing within 180 days. Transfer of patient files and records must occur within one year of the death of the chiropractic physician.

(B) A chiropractic physician who is an independent contractor or who has an ownership interest in a chiropractic practice shall provide notice as described below when leaving, selling, or retiring from the chiropractic office where the chiropractic physician has provided chiropractic services.

(1) Notification shall be sent to all patients who received services from the chiropractic physician during the two years immediately preceding the chiropractic physician's last date for seeing patients. This notification shall be sent no later than thirty (30) days prior to the last date the chiropractic physician expects to see patients.

(2) The notice shall include the following:

(i) A statement that the chiropractic physician will no longer be providing chiropractic services at the practice;

(ii) The date on which the chiropractic will cease to provide services; and

(iii) The notice shall be sent in one of the following ways:

(I) A letter sent through the US Postal Service to the last known address of the patient with the date of the mailing of the letter documented; or

(II) A secure electronic message to the last known email address of the patient.

(D) In the event a chiropractic physician is unable to provide a thirty (30) day notice as required by paragraph(C)(1) of this rule because of an illness, unforeseen emergency, incarceration, or other unanticipated incident, the chiropractic physician shall provide such notice within thirty (30) days after it is determined that the physician will not be returning to practice.

(E) Paragraph C of this rule does not apply to the chiropractic physician who is departing as an employee of another Oklahoma licensed chiropractic physician. It is the employer's responsibility to maintain continuity of care, or to comply with the provisions of paragraph C if, patient care will be terminated as a result of the employee leaving the employment or retiring.

(5) Subject to paragraph 3 of this subsection, chiropractic physicians should preserve and protect the patient's confidences and records, except as the patient directs or consents, or if the law requires otherwise. They should not discuss a patient's history, symptoms, diagnosis, or treatment with a lawyer until they have received the consent of the patient or the patient's personal representative. They should avoid exploiting the trust and dependency of their patients;

(6) Chiropractic physicians shall maintain the highest standards of professional and personal conduct. Chiropractic physicians shall refrain from all illegal or morally reprehensible conduct;

(7) Chiropractic physicians shall assure that the patient possesses enough information to enable an intelligent choice in regard to proposed chiropractic treatment. The patient shall make his or her own determination on such treatment;

(8) Chiropractic physicians shall observe the appropriate laws, decisions and rules of state and federal governmental agencies of the United States and the State of Oklahoma and cooperate with the pertinent activities.

(9) Chiropractic physicians may advertise but shall exercise utmost care that such advertising is relevant to the selection of a chiropractic physician, is accurate, truthful, not misleading, false or deceptive, and is scrupulously correct in representing the chiropractic physician's professional status and area of special competence. Communications to the public shall not appeal primarily to an individual's anxiety or create unjustified expectations of results. Chiropractic physicians shall conform to all applicable state laws, rules and judicial decisions in connection with professional advertising;

(10) Chiropractic physicians may testify either as experts or when their patients are involved in court cases, workers' compensation proceedings or in other similar proceedings in personal injury or related cases.

(11) The chiropractic profession shall address itself to improvements in licensing procedures consistent with the development of the profession and of relevant advances in science;

(12) Chiropractic physicians who are public officers part time or full time, shall not engage in activities which are, or may be perceived to be, in conflict with their official duties;

(13) Chiropractic physicians shall not commit fraud, misrepresentation, or deception which includes, but is not limited to:

(A) Practicing or attempting to practice chiropractic under false or assumed name;

(B) Aiding, assisting, or advising another in the unlicensed practice of chiropractic;

(C) Fraud or deceit in obtaining or renewing a license to practice chiropractic;

(D) Making false or misleading statements or withholding relevant information regarding the qualifications of any individual in order to attempt to obtain a license or engage in the practice of chiropractic;

(E) Failing to report past, present, or pending disciplinary action by another licensing board or the current status of the final administrative disposition of a matter. A licensee is required to report any compromise or settlement of disciplinary action, whether voluntary or involuntary, which results in encumbrance of licensure;

(F) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those which are signed by the licensee in his/her capacity as a licensed chiropractic physician;

(G) Submitting to any patient, insurer or third-party payor a claim for a service or treatment which was not actually provided to a patient.

(H) Failing to report to the Board a conviction of, or pleading guilty or nolo contendere to, fraud in filing Medicare or Medicaid claims or in filing claims with any third party payor. A copy of the record of the plea or conviction certified by the clerk of the court entering the plea or conviction, shall be conclusive evidence of the plea or conviction.

(14) Chiropractic physicians shall not abuse the physician's position of trust by coercion, manipulation or fraudulent representation in the doctor-patient relationship which includes, but is not limited to:

(A) Engaging in sexual misconduct which consists of sexual behavior that occurs during the doctor-patient relationship. Chiropractic physicians shall terminate the doctor-patient relationship before dating or having a sexual relationship with a patient. Such termination shall be done in writing and signed by both the patient and the chiropractic physician and placed in the patient's record. This paragraph shall not apply to chiropractic physicians treating their spouses.

(B) Engaging in sexual impropriety which consists of behavior, verbal or physical, that is suggestive, seductive, harassing, intimidating or demeaning to a patient.

(C) Engaging in sexual violation which consists of physical contact, whether or not initiated by the patient, that is sexual or may be reasonably interpreted as such.

(15) Chiropractic physicians shall not violate any lawful order of the Board previously entered in a disciplinary hearing or fail to comply with a lawfully issued subpoena of the Board.

(16) Chiropractic physicians shall not make statements which in any way reflect against a fellow licensee including statements which imply superiority over another licensee.

Okla. Admin. Code § 140:15-7-5

Added at 22 Ok Reg 1047, eff 5-26-05; Amended at 24 Ok Reg 2703, eff 7-26-07; Amended at 26 Ok Reg 2443, eff 7-11-09

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/11/2023