Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Naturopathic doctors shall concern themselves primarily with the welfare of the
patient.
(b) A naturopathic doctor
who suffers from a physical, mental or emotional impairment, including
substance abuse, that impacts the individual's ability to practice naturopathic
medicine or to provide naturopathic services with reasonable skill and safety
to patients shall seek professional treatment and refrain from the practice of
naturopathic medicine until the impairment no longer exists or reasonable
accommodations can be made.
(c) A
naturopathic doctor shall:
(1) Respect and
maintain the privacy and confidentiality of the patient.
(2) Disclose the patient's records or
information about the patient only with the patient's consent or as required by
law.
(3) Safeguard patient
protected health information, including storage and disposal of
records.
(4) Provide sufficient
information to a patient to allow the patient to make an informed decision
regarding care, including:
(i) The purpose
and nature of a naturopathic evaluation or naturopathic service
regimen.
(ii) Alternatives to
naturopathic care.
(iii) Side
effects and benefits of a proposed naturopathic service regimen.
(iv) The estimated cost of naturopathic
services.
(v) The right of the
patient to withdraw from naturopathic services.
(5) Maintain professional boundaries, even
when the patient initiates crossing the boundaries of the professional
relationship.
(6) Decline to
administer a naturopathic service if the naturopathic doctor believes that the
service is contraindicated or unjustified.
(7) Make referrals only to registered
naturopathic doctors or other qualified and duly licensed health care
providers.
(8) Inform the patient,
other health care professionals and the public of the limitations of
naturopathic medicine.
(9) Assess
the patient to determine if contraindications against naturopathic service
exist and refer the patient to an appropriate health care
practitioner.
(10) At all times
respect the patient's dignity, autonomy and privacy.
(11) Cooperate with any lawful investigation
conducted by the Board, including:
(i)
Furnishing information requested as directed by the Board.
(ii) Complying with a subpoena.
(iii) Responding to a complaint at the
request of the Board.
(iv)
Providing access to relevant patient records.
(12) Report to the Board misconduct committed
by a naturopathic doctor in the practice of naturopathic medicine or in the
provision of naturopathic services.
(d) A naturopathic doctor may not:
(1) Misrepresent credentials, qualifications
or affiliations, and shall attempt to correct others who misrepresent the
naturopathic doctor's credentials, qualifications or affiliations.
(2) Knowingly engage in or condone behavior
that is fraudulent, dishonest or deceitful.
(3) Engage in a marketing activity which
conflicts with subsection (c).
(4)
Perform naturopathic medicine on or provide a naturopathic service to a patient
if a contraindication against naturopathic service exists.
(5) Intimidate, threaten, influence or
attempt to influence any person regarding any violation of law or
regulation.
(6) Aid or abet any
individual violating or attempting to violate any provision of law or
regulation.
(7) Accept a patient
for a naturopathic service, or continue unnecessary service, when the patient
cannot be reasonably expected to benefit from the service.
(8) Receive remuneration from, or provide
remuneration to, or split a fee, for either making or accepting a referral of
the patient to or from another health care provider.
(9) Make a guarantee or promise about the
efficacy of the naturopathic doctor's practice, particular naturopathic service
or the anticipated results of care.
(10) Exploit the professional relationship by
either of the following:
(i) Continuing
naturopathic service unnecessarily.
(ii) Charging for a naturopathic service not
provided or different from what was actually provided.
(11) Exploit a relationship with a patient,
staff member or student for the naturopathic doctor's personal advantage
including, but not limited to, a personal, sexual, romantic or financial
relationship.
(12) Engage in sexual
misconduct.
(13) Provide or perform
a naturopathic service at a level beneath the accepted standard of care for a
naturopathic doctor which would be normally exercised by the average
professional of the same kind in this commonwealth under the circumstances,
including locality and whether the naturopathic doctor is or purports to be a
specialist in the area.
(e) A naturopathic doctor may not perform or
provide naturopathic service that the naturopathic doctor is not qualified to
perform, or which is beyond the naturopathic doctor's education and
training.
(f) A naturopathic doctor
may not assert as a defense to a disciplinary action under section 204 of the
NDRA (63 P.S. §
272.204) or
§ 18.913 (relating to grounds for discipline), the absence of a specific
ethical, legal or professional duty in this subsection when the duty is
normally exercised by the average professional of the same kind in this
Commonwealth under the circumstances, including locality and whether the
naturopathic doctor is or purports to be a specialist in the area.