Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 8 - PROFESSIONAL MISCONDUCT › Section 16-76-56 - Professional misconduct

Current through June, 2024
(a) The board shall
				take action against any holder of a license who is guilty of professional
				misconduct which has been brought to the board's attention, or whose license
				has been procured by fraud or misrepresentation or issued by mistake.
(b) Professional misconduct includes, but is
				not limited to, the following:
(1) Gross
				negligence in the practice of chiropractic;
(2) Repeated negligent acts in the practice
				of chiropractic;
(3) Mental or
				clinical incompetence;
(4) Charging
				fees for the administration of treatment, use of diagnostic procedures, or
				rendering of instructional procedures which are clearly excessive as determined
				by the usual and customary practice and standards of the profession;
(5) Any conduct which has endangered, or is
				likely to endanger the health, welfare, or safety of the public;
(6) Habitual intemperance in the use of
				alcohol or drugs;
(7) Conviction of
				a crime which is substantially related to the qualifications, functions, or
				duties of a chiropractor;
(8) The
				commission or conviction of a felony or of any offense, whether felony or
				misdemeanor, involving moral turpitude, dishonesty, corruption, whether or not
				the act is committed in the course of the individual's activities as a license
				holder. A plea of nolo contendere or verdict of guilty is deemed to be a
				conviction within the meaning of the board's disciplinary provisions. The board
				may order a license to be put on probation, suspended, limited, or revoked, or
				may decline to issue a license when the time for appeal has elapsed, or when
				the judgment of conviction has been confirmed on appeal;
(9) Violation of any law regulating the
				dispensing or administration of narcotics, dangerous drugs, or controlled
				substances;
(10) Using or charging
				a fee for physiotherapy services without approval by the board;
(11) Knowingly making or signing any
				certificate or other document relating to the practice of chiropractic which is
				misleading or which falsely represents the existence or nonexistence of a state
				of facts;
(12) Violating or
				attempting to violate, directly or indirectly, or assisting in, or abetting in,
				the violation of, or conspiring to violate any provision or term of chapter
				442, the rules adopted by the board thereunder, or any lawful order of the
				board;
(13) Making or giving any
				false statement of information in connection with an application for issuance
				of a license;
(14) Impersonating an
				applicant or acting as a proxy for an applicant in any examination required by
				the board for the issuance of a license or registration;
(15) Obtaining of a fee by fraud or deceit
				from patients, third party payers, or others, relating to the practice of
				chiropractic, which shall include the charging of unconscionable fees, charging
				a third party payer unreasonably higher fees over and above the usual and
				customary fees charged private patients for the same service, or charging for
				services not rendered;
(16) Except
				as may be required by law, the unauthorized disclosure of any information about
				a patient revealed or discovered during the course of examination or
				treatment;
(17) Offering,
				delivering, receiving, or accepting of any rebate, refund, commission,
				preference, patronage, dividend, discount, or other consideration as
				compensation or inducement for referring patients to any person;
(18) Sexual misconduct in the office which
				includes intercourse, masturbation, prostitution, making suggestive, lewd,
				lascivious, or improper advances to a patient;
(19) Falsely maligning, accusing, or
				slandering another chiropractor or the chiropractor's method of
				practice;
(20) Failing to notify
				the board, when applying for licensure, of any past or present disciplinary
				action by another state;
(21)
				Falsifying records pertaining to license renewal requirements;
(22) Aiding or abetting an unlicensed person
				to practice chiropractic as defined in chapter
				442-1,
				HRS;
(23) Allowing, aiding, or
				abetting any person not licensed to practice chiropractic, or licensed as an
				x-ray technician, to x-ray a patient;
(24) Charging for examinations, including but
				not limited to, x-ray, orthopedic, neurological, physical, or muscle strength,
				on any routine basis or more often than once every thirty days unless the
				patient's condition necessitates more frequent examination that can be clearly
				justified;
(25) Refusing to send
				x-rays or copies to another chiropractor when presented with a properly
				executed records release signed by the patient;
(26) Releasing a patient's health care
				records or x-rays to any other person or institution without receiving prior
				written permission from the patient or any doctor who made and owns the health
				care record or x-rays;
(27) Conduct
				of a character likely to deceive or defraud the public;
(28) Advertising by means of false and
				deceptive statement, or by statements which tend to deceive or
				defraud;
(29) Receiving three
				formal written reprimands by the board; and
(30) Failing to return a patient's health
				care records or x-rays upon written request to the doctor who made and owns the
				records and x-rays.