HAR §16-76-56. Professional misconduct

(a) The board shall take action against any holder of a license who is guilty of professional misconduct which has been brought to the board's attention, or whose license has been procured by fraud or misrepresentation or issued by mistake. (b) Professional misconduct includes, but is not limited to, the following: (1) Gross negligence in the practice of chiropractic; (2) Repeated negligent acts in the practice of chiropractic; (3) Mental or clinical incompetence; (4) Charging fees for the administration of treatment, use of diagnostic procedures, or rendering of instructional procedures which are clearly excessive as determined by the usual and customary practice and standards of the profession; (5) Any conduct which has endangered, or is likely to endanger the health, welfare, or safety of the public; (6) Habitual intemperance in the use of alcohol or drugs; (7) Conviction of a crime which is substantially related to the qualifications, functions, or duties of a chiropractor; (8) The commission or conviction of a felony or of any offense, whether felony or misdemeanor, involving moral turpitude, dishonesty, corruption, whether or not the act is committed in the course of the individual's activities as a license holder. A plea of nolo contendere or verdict of guilty is deemed to be a conviction within the meaning of the board's disciplinary provisions. The board may order a license to be put on probation, suspended, limited, or revoked, or may decline to issue a license when the time for appeal has elapsed, or when the judgment of conviction has been confirmed on appeal; (9) Violation of any law regulating the dispensing or administration of narcotics, dangerous drugs, or controlled substances; (10) Using or charging a fee for physiotherapy services without approval by the board; (11) Knowingly making or signing any certificate or other document relating to the practice of chiropractic which is misleading or which falsely represents the existence or nonexistence of a state of facts; §16-76-56 76-21 (12) Violating or attempting to violate, directly or indirectly, or assisting in, or abetting in, the violation of, or conspiring to violate any provision or term of chapter 442, the rules adopted by the board thereunder, or any lawful order of the board; (13) Making or giving any false statement of information in connection with an application for issuance of a license; (14) Impersonating an applicant or acting as a proxy for an applicant in any examination required by the board for the issuance of a license or registration; (15) Obtaining of a fee by fraud or deceit from patients, third party payers, or others, relating to the practice of chiropractic, which shall include the charging of unconscionable fees, charging a third party payer unreasonably higher fees over and above the usual and customary fees charged private patients for the same service, or charging for services not rendered; (16) Except as may be required by law, the unauthorized disclosure of any information about a patient revealed or discovered during the course of examination or treatment; (17) 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; (18) Sexual misconduct in the office which includes intercourse, masturbation, prostitution, making suggestive, lewd, lascivious, or improper advances to a patient; (19) Falsely maligning, accusing, or slandering another chiropractor or the chiropractor's method of practice; (20) Failing to notify the board, when applying for licensure, of any past or present disciplinary action by another state; (21) Falsifying records pertaining to license renewal requirements; (22) Aiding or abetting an unlicensed person to practice chiropractic as defined in chapter 442-1, HRS; (23) Allowing, aiding, or abetting any person not licensed to practice chiropractic, or licensed as an x-ray technician, to x-ray a patient; (24) Charging for examinations, including but not limited to, x-ray, orthopedic, neurological, physical, or muscle strength, on any routine basis or more often than once every thirty days unless the patient's §16-76-56 76-22 condition necessitates more frequent examination that can be clearly justified; §16-76-57 76-23 (25) Refusing to send x-rays or copies to another chiropractor when presented with a properly executed records release signed by the patient; (26) Releasing a patient's health care records or x-rays to any other person or institution without receiving prior written permission from the patient or any doctor who made and owns the health care record or x-rays; (27) Conduct of a character likely to deceive or defraud the public; (28) Advertising by means of false and deceptive statement, or by statements which tend to deceive or defraud; (29) Receiving three formal written reprimands by the board; and (30) Failing to return a patient's health care records or x-rays upon written request to the doctor who made and owns the records and x-rays. [Eff and comp 6/1/89; comp 9/22/01] (Auth: HRS §442-5) (Imp: HRS §442-9)