Wisconsin Administrative Code › Chiropractic Examining Board › Chapter Chir 6 - Standards Of Conduct › Section Chir 6.02 - Unprofessional conduct

Current through June 24, 2024
Unprofessional conduct by a chiropractor includes all of the
				following:
(1) Engaging in any
			 practice which constitutes a substantial danger to the health, welfare, or
			 safety of a patient or the public.
(2) Practicing or attempting to practice when
			 unable to do so with reasonable skill and safety to patients.
(3) Practicing in a manner which
			 substantially departs from the standard of care ordinarily exercised by a
			 chiropractor.
(4) Practicing or
			 attempting to practice beyond the scope of a license issued by the board,
			 including acts prohibited under s.
			 Chir
			 4.05.
(5)
			 Practicing or attempting to practice while the ability to perform is impaired
			 by a physical, mental, or emotional disorder, or by drugs or alcohol.
(6) Performing professional services
			 inconsistent with training, education, or experience.
(7) Engaging in sexual contact, exposure,
			 gratification, or other sexual behavior with or in the presence of a
			 patient.
(8) Engaging in excessive
			 evaluation or treatment of a patient.
(9) Failing to conduct a competent
			 assessment, evaluation, or diagnosis as a basis for treatment or
			 consultation.
(10) Revealing
			 confidential patient information without the consent of the patient or person
			 authorized by the patient to provide consent, except that information shall be
			 revealed to the board or its representatives pursuant to investigation of a
			 licensee or as otherwise authorized by law.
(11) Refusing to render services to a person
			 because of race, color, sex, or religion.
(12) Knowingly falsifying patient
			 records.
(13) Impersonating another
			 chiropractor.
(14) Obtaining or
			 attempting to obtain any compensation for chiropractic services by fraud,
			 including billing for services not rendered or submitting a claim for a
			 fraudulent diagnosis.
Note:
The use by a licensee of "no out-of-pocket
				expense" payment arrangements may constitute insurance fraud, and may therefore
				violate this subsection as well as s.
				943.395,
				Stats.
(15) Advertising in
			 a manner which is false, deceptive, or misleading. An advertisement that does
			 any of the following is false, deceptive, or misleading:
(a) Contains a misrepresentation of
			 fact.
(b) Is likely to mislead or
			 deceive because of a failure to disclose material facts.
(c) Is intended to or is likely to create
			 false or unjustified expectations of favorable results.
(d) Fails to prominently disclose complete
			 details of all variables and material factors relating to any advertised
			 fee.
(e) Contains any
			 representation or implication that in reasonable probability will cause an
			 ordinarily prudent person to misunderstand or be deceived.
(f) Includes reference to or implies
			 specialization or certification in an area of specialty other than nutritional
			 counseling, unless the chiropractor has a postgraduate degree in the area of
			 specialty conferred by an institution accredited by either the Council on
			 Chiropractic Education or an accrediting agency recognized by the United States
			 department of education, or unless all of the following apply to the
			 chiropractor's specialty:
1. The specialty is
			 recognized by a council of the American Chiropractic Association or the
			 International Chiropractors Association.
2. The specialty requires at least 300 hours
			 of postgraduate credit hours and passage of a written examination approved by
			 the American Chiropractic Association or the International Chiropractors
			 Association.
3. The title applied
			 to the specialty by the chiropractor is the title applied by the American
			 Chiropractic Association or the International Chiropractors
			 Association.
(g)
			 Includes reference to or implies advanced training or certification in an area
			 of advanced training other than nutritional counseling, unless the chiropractor
			 has a postgraduate degree in the area of advanced training conferred by an
			 institution accredited by either the Council on Chiropractic Education or an
			 accrediting agency recognized by the United States department of education, or
			 unless the chiropractor has successfully completed a postgraduate training
			 program meeting all of the following requirements:
1. The program is one, unified program
			 approved by the American Chiropractic Association or the International
			 Chiropractors Association, or one, unified program at a college accredited by
			 the Council on Chiropractic Education and approved by the board.
2. The program consists of at least 100 hours
			 of training in the area in which the chiropractor claims advanced
			 training.
3. The program requires
			 successful completion of a written examination.
(gm) Includes reference to or implies
			 specialization, advanced training, or certification in nutritional counseling,
			 unless the chiropractor is certified under ch. Chir 12.
(h) Appears in any classified directory,
			 listing, or other compendium under a heading that, when considered together
			 with the advertisement, has the capacity or tendency to be deceptive or
			 misleading with regard to the profession or professional status of the
			 chiropractor.
(i) Implies that the
			 chiropractic services provided will result in emotional or spiritual
			 benefits.