Nevada Administrative Code › Chapter 634 - Chiropractic › STANDARDS OF PRACTICE › Section 634.430 - Unprofessional conduct: Interpretation of statutory definition

Current through June 11, 2024
1. As used in subsection 10 of NRS 634.018,
			 the Board will interpret the phrase "conduct unbecoming a person licensed to
			 practice chiropractic or detrimental to the best interests of the public" to
			 include, without limitation:
(a) Engaging in
			 or soliciting sexual misconduct.
(b) Performing manipulation on a patient
			 under anesthesia without complying with the requirements set forth in NAC
			 634.3665.
(c) Entering into a
			 financial agreement or making a financial arrangement with a potential or
			 existing patient as an inducement to enter into or continue care. This
			 paragraph does not prohibit a licensee from providing complimentary
			 chiropractic services to an existing patient.
(d) Participating in any verbal or written
			 arrangement that involves capping or fee splitting.
(e) Engaging in practices regarding the
			 billing of patients or the making of claims under a contract of insurance that
			 are abusive or fraudulent, or both, including, without limitation:
(1) Billing patients or making claims under a
			 contract of insurance for chiropractic services that have not been
			 performed.
(2) Billing patients or
			 making claims under a contract of insurance in a manner which misrepresents the
			 nature of the chiropractic services that have been performed.
(3) Submitting to patients or carriers of
			 insurance bills or claims which fail to disclose pertinent information or which
			 contain false information, including, without limitation:
(I) Failing to disclose to a patient that a
			 bill has already been paid, in full or in part, by a carrier of
			 insurance.
(II) Failing to disclose
			 to a carrier of insurance that a claim has already been paid, in full or in
			 part, by a different carrier of insurance.
(III) Stating falsely that the injury of a
			 patient is the result of an accident or work-related incident.
(f) Engaging in a
			 practice of waiving, abrogating or rebating the deductible or copayment
			 required to be paid by a policy of insurance or a third party if the practice
			 is used as a device for advertising or marketing, or both.
(g) Failing to make any report or record
			 available to the Board upon lawful request, failing to cooperate with any
			 investigation by the Board or knowingly giving false information to the Board,
			 including, without limitation, falsifying documentation concerning continuing
			 education.
(h) Failing to make any
			 report or record available to another licensee, practitioner, patient or
			 institution upon a lawful request to do so in compliance with the provisions of
			 chapter 629 of NRS.
(i) Being
			 delinquent in the payment of a judgment for the payment of child support
			 pursuant to chapter 425 of NRS or being subject to a court order for the
			 support of one or more children and not complying with the order or a plan
			 approved by the district attorney or other public agency enforcing the order
			 for the repayment of the amount owed pursuant to the order.
(j) Being in default on the payment of a
			 student loan.
(k) Violating the
			 rules or regulations of a federal program that relates to the practice of
			 chiropractic.
(l) Engaging in
			 fraud, misrepresentation or deception in any business affairs that relate to
			 the practice of chiropractic.
(m)
			 Allowing a person to:
(1) Perform chiropractic
			 services; or
(2) Engage in any
			 aspect of the provision of chiropractic care to patients, if that person is not
			 authorized to perform such services or provide such care pursuant to this
			 chapter and chapter 634 of NRS. The prohibition set forth in this paragraph
			 does not apply to a person who is licensed or certified as a provider of health
			 care pursuant to one or more of the chapters of title 54 of NRS.
(n) Engaging with a patient in a
			 romantic or dating relationship unless the patient is the spouse of the
			 licensee.
(o) Examining or treating
			 the anus, breast or genitalia of a patient without first:
(1) Obtaining from the patient an informed
			 consent that refers to the specific procedures that will be performed on those
			 parts of the body of the patient; and
(2) Making a note of such consent in the
			 record of the patient.
(p) Violating a provision of a chapter of
			 title 54 of NRS other than chapter 634 of NRS pursuant to which the licensee
			 holds a license or certificate as a provider of health care.
(q) Knowingly giving a false or factually
			 unsupported opinion in a peer review, records review, independent medical
			 examination or chiropractic examination for the purpose of reducing a payment
			 or reimbursement to a licensee for the care or treatment of a
			 patient.
(r) Failing to either post
			 a written disclosure or give a written disclosure to a patient and maintain the
			 written disclosure concerning a lack of maintaining professional liability
			 insurance in accordance with the requirements of NRS 634.1295  and NAC
			 634.445.
(s) Practicing
			 chiropractic while impaired by alcohol, the use of illicit drugs, the
			 unauthorized or improper use of a prescription drug or controlled substance, or
			 any known or diagnosed mental illness or cognitive deficit.
(t) Paying or receiving any remuneration in
			 such a manner and amount as would constitute a violation of  42 U.S.C. §
										1320a-7b(b), regardless of whether the patient for whom the remuneration is
			 paid or received is a patient under a federal health care program.