Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
312.019(9)(a) authorizes the
board to promulgate and amend administrative regulations for the practice of
chiropractic, including adopting a code of ethical conduct. This administrative
regulation establishes the minimum standards of professional and ethical
conduct and practice that a licensee shall maintain.
Section 1. Each licensee shall comply with
the minimum standards of professional and ethical conduct established in
subsections (1) through (10) of this section.
(1) A licensee shall not advertise the
licensee's services except as provided by
201
KAR 21:065.
(2) A licensee shall not commit an act of
sexual misconduct, sexual harassment, or any act punishable as a sexual
offense.
(3) A licensee shall
refrain from chemical or substance abuse. The chemical or substance abuse shall
not have to take place in a chiropractic office for the board to take action
against a licensee.
(4)
(a) Division of a professional fee shall not
be made, except upon the basis of actual services rendered.
(b) Unless prohibited by law, each licensed
chiropractor of a business entity shall be allowed to pool or apportion fees
received in accordance with a business agreement.
(5)
(a) A
licensee shall not pay or receive compensation for the referral or unlawful
solicitation of patients.
(b) A
licensee, employee of a licensee, agent of a licensee, contractor of a
licensee, or anyone acting in concert with the licensee shall not provide
monetary compensation or other consideration of value to an individual in order
to induce or entice the individual to commence a chiropractor-patient
relationship or continue as a patient of the licensee.
(6)
(a)
Telemarketing shall be permitted only if the telemarketing is nontargeted,
taken from a general list of phone numbers, and if not violating the state's
no-call provisions.
(b) The
licensee shall be held responsible for the content of any contact made by a
telemarketer, agent, employee, or contractor representing the
chiropractor.
(7) A
licensee shall report to the board any reasonably suspected violation of KRS
Chapter 312 or 201 KAR Chapter 21 by another licensee or applicant within
thirty (30) days.
(8) A licensee
shall report to the board any guilty plea, criminal conviction other than minor
traffic violations, civil judgment, settlement, or civil claim made against the
licensee within thirty (30) days.
(9) A licensee shall report to the board any
discipline from another state licensing board within thirty (30) days of
receiving notice of final disciplinary action.
(10) A licensee shall report to the board any
malpractice settlement over $10,000 within thirty (30) days of the settlement
of the claim.
Section 2.
Each licensee shall comply with the minimum standards of practice established
in subsections (1) through (6) of this section.
(1) A licensee shall keep in confidence
whatever the licensee may learn about a patient in the discharge of
professional duties. Information shall be divulged by the licensee only if
required by law or authorized by the patient.
(2) A licensee shall render care to each
patient that is consistent with treatment and care that would be rendered by a
reasonably prudent chiropractor licensed in the Commonwealth of Kentucky and
shall give a candid account of a patient's condition to the patient, or to
those responsible for the patient's care.
(3) A licensee shall inform the patient of
the licensee's clinical diagnosis, treatment plan, and expected outcome of
treatment prior to the onset of care.
(4) A licensee shall give timely notice to
the licensee's patient or to those responsible for a patient's care if the
licensee withdraws from a case so that the patient may obtain another
chiropractor.
(5) A licensee shall
not abandon a patient.
(6) A
licensee shall practice the licensee's profession in accordance with the
provisions of KRS Chapter 312 and 201 KAR Chapter 21.
Section 3.
(1) Each licensee shall cooperate with the
board by:
(a) Submitting germane documents
requested by the board;
(b)
Submitting in writing a complete explanation covering the matter contained in
the complaint filed with the board;
(c) Appearing before the board at the time
and place designated;
(d) Properly
responding to a subpoena issued by the board; and
(e) The board shall in each renewal cycle,
audit a minimum of fifteen (15) percent of renewals to assure compliance with
continuing education requirements. Licensees, if selected for audit, shall
cooperate and provide requested information so the audit may be
conducted.
(2) A
licensee shall comply with an order issued by the
board.