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BOARD OF CHIROPRACTIC EXAMINERS
DIVISION 35
CODE OF ETHICS
811-035-0001
Definitions
(1) "Direct supervision": means that the licensed Chiropractic physician is physically present in the clinic, is monitoring the activities of the supervisee and is available to intervene, if necessary.
(2) "Supervisee": one under direct supervision by a licensee.
(3) "Diagnosis": as defined in the Practice and Utilization Guidelines means the art of distinguishing one disease from another.
(4) "Prognosis": as defined in the Practice and Utilization Guidelines means a forecast as to the probable outcome of an attack of disease; the prospect as to recovery from a disease as indicated by the nature and symptoms of the case.
Stat. Auth.: ORS 684
Stats. Implemented: ORS 684.150
Hist.: CE 2-1995, f. & cert. ef. 10-30-95
811-035-0005
Duties and Obligations of Chiropractic Physicians to Their Patients
(1) The health and welfare of the patient shall always be the first priority of Chiropractic physicians and expectation of remuneration shall not affect the quality of service to the patient.
(2) The patient has the right to informed consent regarding examination, therapy and treatment procedures, risks and alternatives, and answers to questions with respect to the examination, therapy and treatment procedures, in terms that they can be reasonably expected to understand.
(a) Chiropractic physicians shall inform the patient of the diagnosis, plan of management, and prognosis in order to obtain a fully informed consent of the patient during the early course of treatment.
(b) In order to obtain the informed consent of a patient, the chiropractic physician shall explain the following:
(A) In general terms, the examination procedure or treatment to be undertaken;
(B) That there may be alternative examination procedures or methods of treatment, if any; and
(C) That there are risks, if any, to the examination procedure or treatment
(3) Chiropractic physicians have the right to select their cases and patients. The patient has the right to continuity of care once the doctor has agreed to treat the patient. The chiropractor may terminate the patient-doctor relationship only when the patient has been given reasonable notice. It is permissible for the doctor to terminate the patient-doctor relationship when the patient fails to cooperate.
Stat. Auth.: ORS 684
Stats. Implemented: ORS 684.150
Hist.: 2CE 1-1979, f. 1-17-79, ef. 2-1-79; 2CE 4-1983, f. 9-28-83, ef. 10-15-83; 2CE 1-1984, f. 7-16-84, ef. 8-1-84; CE 2-1995, f. & cert. ef. 10-30-95; BCE 2-2003, f. & cert. ef. 12-11-03; BCE 2-2009, f. & cert. ef. 12-22-09
811-035-0015
Unprofessional Conduct in the Chiropractic Profession
Unprofessional conduct means any unethical,
deceptive, or deleterious conduct or practice harmful to the public; any departure
from, or failure to conform to, the minimal standards of acceptable chiropractic
practice; or a willful or careless disregard for the health, welfare or safety of
patients, in any of which cases proof of actual injury need not be established.
Unprofessional conduct shall include, but not be limited to, the following acts
of a Chiropractic physician:
(1)(a) Engaging in any conduct
or verbal behavior with or towards a patient that may reasonably be interpreted
as sexual, seductive, sexually demeaning or romantic (also see ORS 684.100).
(b) A licensee shall not engage
in sexual relations or have a romantic relationship with a current patient unless
a consensual sexual relationship or a romantic relationship existed between them
before the commencement of the doctor-patient relationship.
(c) "Sexual relations" means:
(A) Sexual intercourse; or
(B) Any touching of sexual or
other intimate parts of a person or causing such person to touch the sexual or other
intimate parts of the licensee for the purpose of arousing or gratifying the sexual
desire of either licensee or patient.
(d) In determining whether a
patient is a current patient, the Board may consider the length of time of the doctor-patient
contact, evidence of termination of the doctor-patient relationship, the nature
of the doctor-patient relationship, and any other relevant information.
(e) A patient's consent to,
initiation of or participation in sexual behavior or involvement with a licensee
does not change the nature of the conduct nor lift the prohibition.
(2) Charging fees for unnecessary
services;
(3) Failing to teach and/or
directly supervise persons to whom chiropractic services have been delegated;
(4) Practicing outside the scope
of the practice of chiropractic in Oregon;
(5) Charging a patient for services
not rendered;
(6) Intentionally causing physical
or emotional injury to a patient;
(7) Directly or indirectly engaging
in threatening, dishonest, or misleading fee collection techniques;
(8) Soliciting or borrowing
money from patients;
(9) Possessing, obtaining, attempting
to obtain, furnishing, or prescribing controlled drugs to any person, including
self, except as directed by a person authorized by law to prescribe drugs; illegally
using or dispensing controlled drugs;
(10) Aiding, abetting, or assisting
an individual to violate any law, rule or regulation intended to guide the conduct
of Chiropractic physicians or other health care providers; or
(11) Violating the rights of
privacy or confidentiality of the patient unless required by law to disclose such
information;
(12) Perpetrating fraud upon
patients or third party payors, relating to the practice of chiropractic;
(13) Using any controlled or
illegal substance or intoxicating liquor to the extent that such use impacts the
ability to safely conduct the practice of chiropractic;
(14) Practicing chiropractic
without a current Oregon license;
(15) Allowing another person
to use one’s chiropractic license for any purpose;
(16) Resorting to fraud, misrepresentation,
or deceit in applying for or taking the licensure exam or obtaining a license or
renewal thereof;
(17) Impersonating any applicant
or acting as a proxy for the applicant in any chiropractic licensure examination;
(18) Disclosing the contents
of the licensure examination or soliciting, accepting, distributing, or compiling
information regarding the contents of the examination before, during, or after its
administration; Notwithstanding this section, the Ethics and Jurisprudence Examination
is open book and there is no restriction on applicants discussing answers to individual
questions between themselves or with others
(19) Failing to provide the
Board with any documents requested by the Board;
(20) Failing to fully cooperate
with the Board during the course of an investigation, including but not limited
to, waiver of confidentiality privileges, except attorney-client privilege;
(21) Failing to comply with
State and Federal laws regarding child and elderly abuse, and communicable diseases;
(22) Claiming any academic degree
not actually conferred or awarded;
(23) Disobeying a final order
of the Board;
(24) Splitting fees or giving
or receiving a commission in the referral of patients for services;
(25) Making an agreement with
a patient or person, or any person or entity representing patients or persons, or
provide any form of consideration that would prohibit, restrict, discourage or otherwise
limit a person's ability to file a complaint with the Board, to truthfully and fully
answer any questions posed by an agent or representative of the Board regarding
a board proceeding, or to participate as a witness in a Board proceeding; and
(26) Chiropractic physicians
holding an ownership interest as described in OAR 811-010-0120 may be held responsible,
entirely or in part, for supervised staff (listed below) who provide patient services.
This includes a responsibility to render adequate supervision, management and training
of ancillary staff or other persons including, but not limited to, chiropractic
physicians, student interns, chiropractic assistants and/or others practicing under
the licensee’s supervision. Chiropractors with supervised staff may be held
responsible, entirely or in part, for undue influence on staff or a restriction
of a supervised chiropractic physician from using their own clinical judgment.
Stat. Auth.: ORS 684
Stats. Implemented: ORS 684.155
Hist.: CE 6-1995, f. &
cert. ef. 12-19-95; CE 2-1996(Temp), f. & cert. ef. 5-31-96; CE 3-1996, f. &
cert. ef. 9-26-96; BCE 1-1999, f. & cert. ef. 4-7-99; BCE 2-2000, f. & cert.
ef. 5-4-00; BCE 2-2003, f. & cert. ef. 12-11-03; BCE 2-2009, f. & cert.
ef. 12-22-09; BCE 1-2014, f. & cert. ef. 1-29-14; BCE 7-2014, f. & cert.
ef. 10-28-14
811-035-0025
Methods of Discipline
In addition to the methods enumerated in ORS 684.100(9), in disciplining, imposing probation, or limiting the license of a person as authorized under 684.100(1), the Board may do any or all of the following:
(1) Issue an order to cease and desist;
(2) Issue a censure;
(3) Issue letters or a reprimand; or
(4) Impose any reasonable conditions or limitations for the purpose of protecting the public, rehabilitating the licensee, or ensuring licensee's compliance with the statutes and rules governing the practice of chiropractic.
Stat. Auth.: ORS 684.155(1)(b)
Stats. Implemented: ORS 684.100(9)(g)
Hist.: BCE 1-2000, f. & cert ef. 2-3-00
811-035-0035
Board Action
The Board shall consider the standards for disciplinary action under ORS 684.100(1) when taking action on a preliminary investigation of a licensee or applicant. The Board may take action to:
(1) Dismiss the complaint;
(2) Issue a letter of concern; or
(3) Pursue disciplinary action.
Stat. Auth.: ORS 684.155(1)(b)
Stats. Implemented: ORS 684.
Hist.: BCE 1-2000, f. & cert ef. 2-3-00
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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