Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 5 - STATE BOARD OF CHIROPRACTIC › Subchapter H - DISCIPLINARY ACTION › Section 5.81 - Unprofessional and immoral conduct

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee who engages in unprofessional or immoral
						conduct is subject to disciplinary action in accordance with section 506 of the
						act (63 P. S. §
												625.506).
(1) Unprofessional conduct includes the
					 following:
(i) Revealing personally
					 identifiable facts obtained as the result of a doctor-patient relationship
					 without the prior consent of the patient, except as authorized or required by
					 law.
(ii) Performing a chiropractic
					 service incompetently or performing a chiropractic service which the licensee
					 knows or has reason to know that the licensee is not competent to
					 perform.
(iii) Advertising a
					 chiropractic practice in a manner which is intended or has the tendency to
					 deceive the public.
(iv) Knowingly
					 permitting, aiding or abetting a person who is not licensed to perform
					 activities, requiring a license in health care practice.
(v) Continuing to practice chiropractic or to
					 indicate the ability to practice chiropractic while one's license is
					 unregistered or inactive or is suspended or revoked.
(vi) Impersonating another health care
					 practitioner.
(vii) Offering,
					 undertaking or agreeing to cure or treat a disease by a secret method,
					 procedure, treatment or preparation or the treating of a human condition by a
					 method, means or procedure which the licensee refuses to divulge to the Board
					 upon demand of the Board.
(viii)
					 Delegating a radiological procedure to a person whom the chiropractor knows or
					 has reason to know is not qualified to perform the proce-dure, under section
					 522 of the act (63 P. S. §
													625.522) and
					 §
												5.62 (relating to auxiliary
					 personnel who may perform radiological procedures).
(ix) Failing to exercise direct supervision
					 over auxiliary personnel authorized to perform radiological
					 procedures.
(x) Willfully engaging
					 in sexual activity with a patient within the scope of the chiropractor/patient
					 relationship or harassing, assaulting, abusing or intimidating a
					 patient.
(xi) Abandoning a patient.
					 Abandonment occurs when a licensee withdraws services after a doctor-patient
					 relationship has been established, by failing to give notice to the patient of
					 the licensee's intention to withdraw in sufficient time to allow the patient to
					 obtain necessary chiropractic care.
(xii) Ordering excessive tests, treatment or
					 use of treatment and diagnostic facilities not reasonably warranted by the
					 condition of the patient.
(xiii)
					 Failure to include the word chiropractor, chiropractic, D.C. or a derivative
					 thereof in advertisements, letterhead, signs and other printed
					 material.
(xiv) Practicing or
					 advertising adjunctive procedures without a certificate to use adjunctive
					 procedures issued by the Board.
(xv) Practicing or advertising needle
					 acupuncture, unless the licensee is licensed to do so by the State Board of
					 Medicine or the State Board of Osteopathic Medicine and acting in accordance
					 with the Acupuncture Licensure Act (63 P. S. §§
													1801-1806.1) and regulations of the State
					 Board of Medicine in §§
												18.11-18.18 (relating to licensure and
					 practice of acupuncturists and practitioners of oriental medicine) or
					 regulations of the State Board of Osteopathic Medicine in §§
												25.301-25.308 (relating to registration
					 and practice of acupuncturists).