Section 17-03-01-01 - 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, but is not limited to, the following:
1. Exploitation of patients for financial gain, which includes: a. Over utilization of chiropractic services. Overutilization is defined as services rendered or goods or appliances sold by a chiropractor to a patient for the financial gain of the chiropractor 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 or with reckless disregard harassing, abusing, or intimidating a patient, coworker, or individual who files a report against a licensee, either physically or verbally.3. Failing to maintain the chiropractic standard of care for 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 seven years.4. Violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violations of, or conspiring to violate or failing to comply with 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 chiropractor.7. Conviction of a felony or any offense involving sexual misconduct, 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 sexual misconduct, infliction of physical harm or bodily injury to another individual, corruption, 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 chiropractic care which falsely represents the existence or nonexistence of a state of facts.11. Making or giving any false statement or information in connection with the application for issuance of a license. 12. Willful participation in any act of fraud or misrepresentation.13. Except as required by law, the unauthorized disclosure of any information about a patient revealed or discovered during the course of examination or treatment.14. 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.15. Practicing or offering to practice beyond the scope of work permitted by law.16. Accepting and performing professional responsibilities which a licensee knows or has reason to know that the licensee is not competent to perform.17. 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.18. 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, by experience, or by licensure, to perform them.19. Chiropractor is responsible for all patient care provided by them, or patient care directly delegated by said chiropractor to their agent or employee. For the purposes of this subsection, "patient care" includes the practice of chiropractic, patient recordkeeping, patient billing, insurance billing, and communication with insurance companies.20. 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. The term "specialist" in advertising may be utilized only by licenseholders who hold a current diploma or certification in a specialty area from the international chiropractic association, American chiropractic association, the Carrick institute, or other accredited certifying body as approved by the board upon request.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 of professional superiority which cannot be substantiated by the licensee.e. Advertising or soliciting which is based upon a claim that the chiropractor uses a secret or special method of treatment and the chiropractor refuses to divulge the secret or special method of treatment to the board.f. Advertising no out-of-pocket expenses or practicing same.21. Violation of any term of suspension or probation imposed by the board.22. 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 chiropractor's spouse or significant other.N.D. Admin Code 17-03-01-01
Effective February 1, 1990; amended effective April 1, 2001; July 1, 2008.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.Amended by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.General Authority: NDCC 43-06-04.1, 43-06-15
Law Implemented: NDCC 43-06-15