Arizona Administrative Code › Title 4 - PROFESSIONS AND OCCUPATIONS › Chapter 07 - Board of Chiropractic Examiners › Article 9 - UNPROFESSIONAL CONDUCT › Section R4-7-902 - Unprofessional or Dishonorable Conduct

Current through Register Vol. 30, No. 28, July 12, 2024
Unprofessional or dishonorable conduct, as used in A.R.S.
				  §
									32-924(A)(5),
				  means:
1. Failing to disclose, in
				writing, to a patient or a third-party payor that the licensee has a financial
				interest in a diagnostic or treatment facility, test, good, or service when
				referring a patient for a prescribed diagnostic test, treatment, good, or
				service and that the diagnostic test, treatment, good or service is available
				on a competitive basis from another provider. This subsection does not apply to
				a referral by one licensee to another within a group of licensees who practice
				together. This subsection applies regardless of whether the referred service is
				provided at the licensee's place of practice or at another location.
2. Knowingly making a false or misleading
				statement to a patient or a third-party payor.
3. Knowingly making a false or misleading
				statement, providing false or misleading information, or omitting material
				information in any oral or written communication, including attachments, to the
				Board, Board staff, or a Board representative or on any form required by the
				Board.
4. Knowingly filing with the
				Board an application or other document that contains false or misleading
				information.
5. Failing to create
				an adequate patient record that includes the patient's health history, clinical
				impression, examination findings, diagnostic results, x-ray films if taken,
				x-ray reports, treatment plan, notes for each patient visit, and a billing
				record. The notes for each patient visit shall include the patient's name, the
				date of service, the chiropractic physician's findings, all services rendered,
				and the name or initials of the chiropractic physician who provided services to
				the patient.
6. Failing to maintain
				the information required by subsection (5) for a patient, for at least six
				years after the last treatment date, or for a minor, six years after the
				minor's 18th birthday, or failing to provide written notice to the Board about
				how to access the patient records of a chiropractic practice that is closed by
				providing, at a minimum, the physical address, telephone number and full name
				of a person who can be contacted regarding where the records are maintained,
				for at least six years after each patient's last treatment date or 18th
				birthday.
7. Failing to:
a. Release a copy of all requested patient
				records under subsection (5), including the original or diagnostic quality
				radiographic copy x-rays, to another licensed physician, the patient, or the
				authorized agent of the patient, within 10 business days of the receipt of a
				written request to do so. This subsection does not require the release of a
				patient's billing record to another licensed physician.
b. Release a copy of any specified portion or
				all of a patient's billing record to the patient or the authorized agent of the
				patient, within 10 business days of the receipt of a written request to do
				so.
c. In the case of a patient or
				a patient's authorized agent who has verbally requested the patient record:
i. Provide the patient record, or
ii. Inform the patient or patient's
				authorized agent that the record must be provided if a written request is made
				under subsection (7)(a) or (b).
d. Return original x-rays to a licensed
				physician within 10 business days of a written request to do so.
e. Provide free of charge, copies of patient
				records to another licensed physician, the patient, or the authorized agent of
				the patient in violation of A.R.S. Title 12, Chapter 13, Article 7.1.