Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 21 - Board of Chiropractic Examiners › Section 201 KAR 21:001 - Definitions for 201 KAR Chapter 21

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				312.015,
				312.200
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				312.019(9) authorizes the
				Kentucky Board of Chiropractic Examiners to promulgate administrative
				regulations consistent with KRS Chapter 312, regulating the practice of
				chiropractic. This administrative regulation establishes the definitions for
				201 KAR Chapter 21.
Section 1.
			 Definitions.
(1) "Accepted standards" means
			 those standards of review, care, skill, and treatment that are recognized by a
			 reasonably prudent chiropractor as being acceptable under similar conditions
			 and circumstances.
(2) "Accredited
			 chiropractic college or university" means a chiropractic college or university
			 fully accredited by the Council on Chiropractic Education or its successor and
			 that:
(a) Maintains a standard and
			 reputability approved by the board pursuant to
			 201 KAR
			 21:055; and
(b) Meets all educational standards for
			 preceptorship programs as established by the Council on Chiropractic
			 Education.
(3) "Adjacent
			 tissues" means all structures and joints contained within the upper and lower
			 extremity.
(4) "Advertisement of
			 free or discounted services" means any advertisement or solicitation, by any
			 medium, offering free or discounted examinations, consultation, treatment,
			 goods, or other services.
(5)
			 "Appropriate chiropractic treatment" means a determination made of treatment
			 and other services performed which, by virtue of a substantiated and properly
			 diagnosed condition, appear to be of a type consistent with that
			 diagnosis.
(6) "Bill for treatment"
			 means all services provided to a patient, regardless of the monetary
			 consideration paid to the chiropractor.
(7) "Board" is defined by
			 KRS
			 312.015(1).
(8) "Committee" means the peer review
			 committee established by
			 KRS
			 312.200.
(9) "Complaint" means an allegation alleging
			 misconduct that might constitute a violation of KRS Chapter 312 or 201 KAR
			 Chapter 21.
(10) "Complete notice
			 of right of rescission" means a conspicuous statement, of not less than ten
			 (10) point font in any advertisement of free or discounted services that reads
			 substantially as follows: "You have the right to rescind, within seventy-two
			 (72) hours, any obligation to pay for services performed in addition to this
			 free or discounted service."
(11)
			 "Conviction" means a finding of guilt resulting from a plea of guilty or nolo
			 contendere, the decision of a court, or the finding of a jury, irrespective of
			 a pronouncement of judgment, or the sentence being deferred or
			 suspended.
(12) "Hearing officer"
			 is defined by
			 KRS
			 13B.010(7).
(13) "Licensee" means a person who performs
			 chiropractic and who is licensed under
			 KRS
			 312.015 through
			 312.991
			 and 201 KAR Chapter 21, as a chiropractor.
(14) "Notice of rescission" means notice by
			 the consumer rescinding any agreement to pay for unadvertised additional
			 services performed or to be performed in addition to the free or discounted
			 service.
(15) "Ownership or
			 operation of a chiropractic facility" as established in
			 KRS
			 312.145(3), means continued,
			 ongoing ownership by a licensee, or in the event of the death or permanent
			 disability of the licensee, ownership or operation of the facility by the
			 licensee's spouse, heirs, successors, or assigns as can be designated by or in
			 the licensee's estate, for up to twelve (12) months.
(16) "Patient" means an individual who
			 receives treatment from a chiropractor.
(17) "Peer review" is defined by
			 KRS
			 312.015(4).
(18) "Preceptor" means a licensed doctor of
			 chiropractic, who, after approval of the board, pursuant to
			 201 KAR
			 21:085, and an accredited chiropractic college or
			 university, provides an opportunity for an undergraduate intern to work in the
			 doctor's office.
(19) "Promotional
			 items" means small tangible items such as pens, magnets, pads, cups, and
			 similar. These are not considered advertising unless the item contains an offer
			 for free or discounted services.
(20) "Properly utilized services" means
			 appropriate treatment services rendered, including the frequency and duration
			 of those services and that are substantiated as being necessary and reasonable
			 by clinical records and reports prepared by the treating
			 chiropractor.
(21) "Seventy-two
			 (72) hour right of rescission" means the right of a consumer to rescind within
			 seventy-two (72) hours any agreement to pay for services if performed the same
			 day in addition to the advertised free or discounted service at an additional
			 unadvertised cost, or any agreement entered into on the same date to submit to
			 a series, or course of treatments at an additional unadvertised cost.
(22) "Unconscionable fees" means charges or
			 bills for treatment submitted for services performed that are unreasonable
			 charges for those services as compared to the usual and customary charges by a
			 chiropractor or by a health care provider other than a chiropractor for the
			 same or similar services in the locality where the services were
			 performed.
(23) "Undergraduate
			 intern" means an individual studying at an accredited chiropractic college or
			 university and who is in the final academic year prior to receiving a degree in
			 chiropractic.
(24) "Unlawful
			 solicitation" means offering money or something of value to a potential patient
			 or patient in exchange to seek treatment from the licensee.