Indiana Administrative Code › Title 846 - BOARD OF CHIROPRACTIC EXAMINERS › Article 1 - GENERAL PROVISIONS › Rule 3 - Scope of Practice; Standards for Competent Practice; Code of Professional Conduct › Section 3-3 - Standards for competent practice

Current through July 10, 2024
Authority: IC 25-10-1-1.5
Affected: IC 25-10-1-1
Sec. 3.
A practitioner, in the conduct of his or her chiropractic
				  practice, shall abide by the following standards of competent practice:
(1) The practitioner shall keep in confidence
				whatever he or she may learn about a patient in the discharge of professional
				duties. Information shall be divulged by the practitioner only when required by
				law or when authorized by the patient.
(2) The practitioner shall give a candid
				account of the patient's condition to the patient or to those responsible for
				the patient's care.
(3) The
				practitioner shall give due notice to a patient or to those responsible for the
				patient's care when he withdraws from a case so that another practitioner may
				be engaged. The practitioner shall not abandon a patient.
(4) A practitioner shall practice in
				accordance with the body of scientific systemized knowledge related to the
				healing arts.
(5) A practitioner
				shall not hold forth or indicate the possession of any degree recognized as the
				basis for licensure to practice the healing arts unless he or she is actually
				licensed on the basis of that degree in the state in which he or she
				practices.
(6) A practitioner shall
				obtain consultation whenever requested to do so by a patient. Further, the
				practitioner shall refer the patient to another practitioner in any case where
				the practitioner does not consider himself or herself qualified to treat the
				patient or is unable to diagnose the illness or disease of the
				patient.
(7) Any practitioner who
				knows of the illegal, incompetent, or unethical conduct in the practice of
				chiropractic of another practitioner shall report such conduct to the proper
				authorities or tribunals, or both. Further, any practitioner who has knowledge
				of any person engaging in the unauthorized practice of chiropractic shall
				report such conduct to the proper authorities and/or tribunals, or
				both.
(8) Any fee charged by a
				practitioner for his or her professional services shall be reasonable and shall
				compensate the practitioner only for services actually rendered.
(9) A practitioner shall not pay or receive
				compensation for referral of a patient.
(10) A practitioner shall be fully
				responsible and accountable for the conduct of each and every person employed
				by the practitioner for every action (or failure to act) by said employee or
				employees in the course of said employee's or employees' relationship with said
				practitioner. Provided however, a practitioner shall not be responsible for the
				actions of persons he or she may employ whose employment by the practitioner
				does not relate directly to the practitioner's practice of
				chiropractic.
(11) A practitioner
				may (whenever he or she believes it to be beneficial to the patient) send (or
				refer) a patient to another qualified health practitioner for treatment or
				health services that fall within the other health practitioner's scope of
				practice. Prior to any such referral, however, the practitioner shall examine
				the patient to ensure that a condition does exist in the patient that is within
				the scope of practice of the other health practitioner to whom the patient is
				referred.
(12) A practitioner shall
				not charge a separate and distinct fee for the incidental, administrative,
				non-chiropactic
[sic]
service of securing admission of a
				patient to a health care facility.
(13) The practitioner shall upon retirement,
				discontinuation of his or her chiropractic practice, or moving from a
				community, notify all patients upon his or her active list that he or she
				intends to discontinue his or her practice in the community and encourage such
				patients to seek the services of some other practitioner. The practitioner
				discontinuing his or her practice shall make arrangements with the patient for
				the transfer of his or her records (or copies thereof) to the succeeding
				practitioner.
(14) A practitioner
				shall not base his or her fee upon the uncertain outcome of a contingency,
				whether such contingency be the outcome of litigation or any other occurrence
				or condition that may or may not develop, occur, or happen.
(15) In the conduct of the practice of
				chiropractic a chiropractor may perform any service that is not beyond the
				scope of practice set out in section 1 of this rule.
(16) In the conduct of the practice of
				chiropractic no chiropractor shall violate any of the provisions of the code of
				professional conduct set out in section 2 of this rule.
(17) Any practitioner using solid filiform
				needles to treat neuromusculoskeletal pain and dysfunction, which is commonly
				referred to as dry needling, must practice health and sanitation standards in a
				manner consistent with current professional theory or practice for dry needling
				treatment. The current Indiana state department of health universal precautions
				set forth in
				410 IAC 1-4 and U.S. Occupational
				Safety and Health Administration (OSHA) blood-borne pathogen standards set
				forth in
				29 CFR
				1910.1030 shall be considered authoritative
				sources of such current professional theory or practice.
				410 IAC 1-4 and
				29 CFR
				1910.1030 are not intended to be the
				exclusive authoritative sources of current professional theory or practice for
				dry needling treatment.