Section 112-01-04-03 - Unprofessional conductThe board may revoke, suspend, or deny a license to any person otherwise qualified or licensed by the board who is found to have committed unprofessional conduct. Unprofessional conduct includes the following:
1. Exploitation of patients for financial gain, which includes:a. Overutilization of services. Overutilization is defined as services rendered or goods or appliances sold to a patient for the financial gain of the licensee or a third party, which are excessive in quality or quantity to the justified needs of the patient.b. Ordering of excessive tests, treatment, or use of treatment facilities not warranted by the condition of the patient.c. Exercising undue influence on a patient or client, including the promotion or the sale of services, goods, or appliances in such a manner as to exploit the patient or client.d. The administration of treatment or the use of diagnostic procedures which are excessive as determined by the customary practices and standards of the local community of licensees.2. Willfully harassing, abusing, or intimidating a patient, either physically or verbally.3. Failing to maintain a patient record and a billing record for each patient, which accurately reflects the evaluation or treatment, or both, of the patient and the fees charged to the patient. Unless otherwise provided, all patient records must be retained for at least ten years.4. The willful or grossly negligent failure to comply with the substantial provisions of federal, state, or local laws, rules, or regulations governing the practice of the profession.5. Any conduct which has endangered or is likely to endanger the health, welfare, or safety of the public, including habitual alcohol abuse, illegal use of controlled substances, or conducting unauthorized experiments or tests upon patients.6. Conviction of a crime which is substantially related to the qualifications, functions, or duties of a profession or occupation regulated by the board.7. Conviction of a felony, or any offense involving moral turpitude, dishonesty, or corruption.8. Violation of any of the provisions of law regulating the dispensing or administration of narcotics, dangerous drugs, or controlled substances.9. The commission of any act involving moral turpitude or dishonesty, whether the act is committed in the course of the individual's activities as a licenseholder or otherwise.10. Knowingly making or signing any false certificate or other document relating to the practice of patient care which falsely represents the existence or nonexistence of a state of facts.11. Violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violations of, or conspiring to violate any provision of the law or the rules adopted by the board.12. Making or giving any false statement or information in connection with the application for issuance of a license.13. Participation in any act of fraud or misrepresentation.14. Except as required by law, the unauthorized disclosure of any information about a patient revealed or discovered during the course of examination or treatment.15. The offering, delivering, receiving, or accepting of any rebate, refund, commission, preference, patronage, dividend, discount, or other consideration as compensation or inducement for referring patients to any person.16. Practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities which a licensee knows or has reason to know that the licensee is not competent to perform, or performing without adequate supervision professional services which a licensee is authorized to perform only under the supervision of a licensed professional, except in an emergency situation where a person's life or health is in danger.17. Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure, to perform them.18. Advertising or soliciting for patronage that is not in the public interest, which includes: a. Advertising or soliciting which is false, fraudulent, deceptive, or misleading.b. Advertising or soliciting which guarantees any service or result.c. Advertising or soliciting which makes any claim relating to professional services or products or the cost or price thereof which cannot be substantiated by the licensee.d. Advertising or soliciting which make claims relating to professional superiority which cannot be substantiated by the licensee.e. Advertising or soliciting which is based upon a claim that the licensee uses a secret or special method of treatment and the licensee refuses to divulge the secret or special method of treatment to the board.f. Advertising no out-of-pocket expenses or practicing the same.19. Violation of any term of suspension or probation imposed by the board.20. Initiating or engaging in any sexual conduct, sexual activities, or sexualizing behavior involving a current patient, even if the patient attempts to sexualize the relationship, except when the patient is the licensee's spouse.N.D. Admin Code 112-01-04-03
General Authority: NDCC 43-57-03
Law Implemented: NDCC 43-57-08