201 Ky. Admin. Regs. 21:015

Current through Register Vol. 51, No. 6, December 1, 2024

Section 201 KAR 21:015 - Code of ethical conduct and standards of practice

RELATES TO: KRS 312.019(9)(a)

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.

201 KAR 21:015

6 Ky.R. 163; eff. 10-3-1979; Am. 16 Ky.R. 1610; eff. 4-12-1990; 32 Ky.R. 1727; 33 Ky.R. 1070; eff. 10-18-2006; 40 Ky.R. 1410; 2118; eff. 3-20-2014; 42 Ky.R. 1282; eff. 12-16-2015; 45 Ky.R. 1079; eff. 1-23-2019; 47 Ky.R. 776, 1375; eff. 2-4-2021.

STATUTORY AUTHORITY: KRS 312.019(9)