Or. Admin. Code § 811-035-0015

Current through Register Vol. 63, No. 12, December 1, 2024

Section 811-035-0015 - Unprofessional Conduct in the Chiropractic Profession

Unprofessional conduct means any unethical, deceptive, or deleterious conduct or practice harmful to the public; any departure from, or failure to conform to, the minimal standards of acceptable chiropractic practice; or a willful or careless disregard for the health, welfare, or safety of patients, in any of which cases proof of actual injury need not be established. Unprofessional conduct shall include, but not be limited to, the following acts of a chiropractic physician and certified chiropractic assistants:

(1) Conduct that is prohibited as described in OAR 811-035-0019 Sexual Unprofessional or Dishonorable Conduct;

(2) Charging fees for unnecessary services;

(3) Failing to teach and/or directly supervise persons to whom chiropractic services have been delegated;

(4) Practicing outside the scope of the practice of chiropractic in Oregon;

(5) Charging a patient for services not rendered;

(6) Intentionally causing physical or emotional injury to a patient;

(7) Directly or indirectly engaging in threatening, dishonest, or misleading fee collection techniques;

(8) Soliciting or borrowing money from patients;

(9) Receiving a conviction of a crime (other than minor traffic violations) or a citation for class E violations for possessing, obtaining, attempting to obtain, furnishing, or prescribing controlled drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs; illegally using or dispensing controlled drugs;

(10) Aiding, abetting, or assisting an individual to violate any law, rule, or regulation intended to guide the conduct of chiropractic physicians or other health care providers;

(11) Violating the rights of privacy or confidentiality of the patient unless required by law to disclose such information;

(12) Perpetrating fraud upon patients or third party payors, relating to the practice of chiropractic or performing the duties of a certified chiropractic assistant;

(13) Using any controlled or illegal substance or intoxicating liquor to the extent that such use impacts the ability to safely conduct the practice of chiropractic or performing the duties of a certified chiropractic assistant;

(14) Practicing chiropractic or performing the duties of a certified chiropractic assistant without a current Oregon license or certificate;

(15) Allowing another person to use one's chiropractic license or certificate for any purpose;

(16) Resorting to fraud, misrepresentation, or deceit in applying for or taking the licensure or certification examination or obtaining a license/certificate or renewal thereof;

(17) Impersonating any applicant or acting as a proxy for the applicant in any chiropractic licensure or certification examination;

(18) Disclosing the contents of licensure or certification examinations or soliciting, accepting, distributing, or compiling information regarding the contents of the examinations before, during, or after their administration;

(a) Notwithstanding this section, the Ethics and Jurisprudence Examination is open book but must be taken solely by the individual applicant without assistance from others; and

(b) The Chiropractic Assistant Examination is open book but must be taken solely by the individual applicant without assistance from others.

(19) Failing to keep complete, accurate, and minimally competent records on all patients;

(20) Failing to provide the Board with any documents requested by the Board;

(21) Failing to fully cooperate with the Board during the course of an investigation, including but not limited to, waiver of confidentiality privileges, except attorney-client privilege;

(22) Failing to answer truthfully and completely any question asked by the Board on an application for licensure or certification, or during the course of an investigation, or any other question asked by the Board;

(23) Failing to comply with state and federal laws regarding child and elderly abuse, and communicable diseases;

(24) Failing to provide and maintain a safe and sanitary treatment environment;

(25) Claiming any academic degree or certification, not actually conferred or awarded;

(26) Disobeying a final order of the Board;

(27) During a declared emergency, unprofessional conduct includes failing to comply with any applicable provision of a Governor's Executive Order or any provision of this rule.

(a) Failing to comply as described in subsection (27) includes, but is not limited to:

(A) Operating a chiropractic entity required to be closed by a current Executive Order;

(B) Providing chiropractic services at a business required to be closed by a current Executive Order;

(C) Failing to comply with applicable Oregon Health Authority (OHA) guidance implementing a current Executive Order or OHA rules in effect; and

(D) Failing to comply with any OBCE guidance or rule implementing an Executive Order.

(b) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation.

(28) Failing to comply with Oregon Health Authority's (OHA) applicable rules;

(29) Failing to comply with Oregon Occupational Safety and Health Administration's (OSHA) applicable rules;

(30) Fee splitting means compensation by or to a chiropractic physician or chiropractic clinic solely for referral of a patient.

(a) Chiropractic physicians may not refer patients based on whether the referring chiropractic physician has negotiated a discount for specialty services. Chiropractic physicians may not accept:

(A) Any compensation of any kind, from any source for referring a patient other than distributions of a health care organization's revenues as permitted by law.

(B) Compensation for services relating to the care of a patient from any health care facility/organization to which the physician has referred the patient.

(C) Compensation for referring a patient to a research study with the exception of remuneration for administrative costs.

(b) Compensation is defined as something given or received as payment including but not limited to: bartering, tips, money, donations, goods, or services.

(31) Making an agreement with a patient or person, or any person or entity representing patients or persons, or provide any form of consideration that would prohibit, restrict, discourage or otherwise limit a person's ability to file a complaint with the Board, to truthfully and fully answer any questions posed by an agent or representative of the Board regarding a board proceeding, or to participate as a witness in a Board proceeding;

(32) It shall be considered unprofessional conduct for a licensee to own or operate a clinic or practice as a surrogate for, or be employed by, an individual or entity who could otherwise not own and/or operate a chiropractic clinic under OAR 811-010-0120; and

(33) Chiropractic physicians holding an ownership interest as described in OAR 811-010-0120 may be held responsible, entirely or in part, for staff who provide patient services. This includes a responsibility to render adequate supervision, management, and training of staff or other persons including, but not limited to, chiropractic physicians, student interns, chiropractic assistants and/or others practicing under the licensee's supervision. Chiropractic physicians with staff may be held responsible, entirely or in part, for undue influence on staff or a restriction of an associated chiropractic physician from using their own clinical judgment.

Or. Admin. Code § 811-035-0015

CE 6-1995, f. & cert. ef. 12-19-95; CE 2-1996(Temp), f. & cert. ef. 5-31-96; CE 3-1996, f. & cert. ef. 9-26-96; BCE 1-1999, f. & cert. ef. 4-7-99; BCE 2-2000, f. & cert. ef. 5-4-00; BCE 2-2003, f. & cert. ef. 12-11-03; BCE 2-2009, f. & cert. ef. 12-22-09; BCE 1-2014, f. & cert. ef. 1-29-14; BCE 7-2014, f. & cert. ef. 10-28-14; BCE 14-2018, amend filed 11/21/2018, effective 11/22/2018; BCE 8-2019, amend filed 05/30/2019, effective 5/31/2019; BCE 1-2020, amend filed 01/22/2020, effective 1/22/2020; BCE 10-2020, amend filed 11/23/2020, effective 11/23/2020; BCE 1-2021, amend filed 01/21/2021, effective 1/21/2021; BCE 1-2022, amend filed 01/14/2022, effective 1/14/2022; BCE 4-2022, amend filed 05/24/2022, effective 5/24/2022; BCE 10-2022, amend filed 11/22/2022, effective 11/22/2022; BCE 1-2023, amend filed 01/24/2023, effective 1/24/2023; BCE 6-2023, amend filed 05/31/2023, effective 5/31/2023

Statutory/Other Authority: ORS 684

Statutes/Other Implemented: ORS 684.155