Current through Register Vol. XLI, No. 50, December 13, 2024
Section 4-1-5 - Disciplinary Actions1-5.1. A licensee shall report a misdemeanor or felony conviction or plea bargain within 30 days of the conviction or plea not withstanding whether the licensee has filed or intends to file an appeal relating to any such conviction or plea. A licensee shall again notify the Board within thirty days of any court's decision regarding the result of any such appeal. A conviction or plea to a misdemeanor or felony charge shall constitute an "adverse action" pursuant to W. Va. Code § 30-16-1 l(a)(22). The Board shall review the conduct involved in the criminal proceedings to determine if the conduct poses a threat to the public and take appropriate disciplinary action.1-5.2. Sexual misconduct may include, doctor/patient relations, whether or not initiated by, or consented to, by the patient, and engaging in any conduct with a patient that is sexual or may be reasonably interpreted as sexual. A licensee shall not use fraud, deception, misrepresentation or force forthe purpose of engaging in sexual contact with a patient in the clinical setting. Patient consent is not a legal defense. A licensee may not have consensual sexual relations with a former patient until six months after the termination of doctor/patient relationship.1-5.3. A licensee shall not engage in clinical activities outside of the scope of chiropractic practice.1-5.4. A licensee may not represent to the public, the possession of special skill, training, knowledge, equipment or qualifications unless the Board recognizes the training or certification on which the representation is based.