The following acts or activities by a licensee of the Arkansas State Board of Chiropractic Examiners are considered to constitute unprofessional conduct and grounds for disciplinary action:

1. (1) Fraud in procuring a license;
2. (2) The performance of any action designed to or likely to deceive, defraud, or harm the public;
3. (3) Violating any rule or law or being party to or aiding and abetting the violation of the rules of the board or the laws of the State of Arkansas regulating the practice of chiropractic;

4. (4) The intentional or negligent use of any false, fraudulent, or forged statement, writing, or document, or the use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any:

   1. (A) Of the licensing requirements for the practice of chiropractic in Arkansas; or
   2. (B) Communication with the board office;

5. (5) Conviction of a felony for violations of any law of:

   1. (A) The State of Arkansas;
   2. (B) Another state; or
   3. (C) The United States;
6. (6) Habitual intoxication or personal use of unprescribed controlled or habit-forming drugs;
7. (7) Practicing chiropractic while any impairment of judgment or ability exists due to the use of alcohol or other drugs that prevent the rendering of competent professional services;
8. (8) Violating any term of probation or suspension;
9. (9) Abandoning or neglecting a patient under and in need of immediate professional care without making suitable arrangements for the continuation of such care and, if need be, by another chiropractic physician, or the abandoning of a professional group or solo practice;
10. (10) Failing to exercise appropriate supervision over persons who are authorized to render certain services under the supervision of the licensed professional;
11. (11) Willfully making or filing a false report, whether it be an insurance report, death certificate, work excuse, or any other report dealing with public health, or willfully impeding or obstructing such filing of accurate data;
12. (12) Using the word “doctor” in offering to perform professional services without also indicating the profession in which the licensee holds a doctorate;

13. (13)

    1. (A) Direct solicitation that is false, misleading, or deceptive by agents of the licensee or knowingly soliciting a patient that is already a patient of another chiropractic physician.
    2. (B) Nothing herein is intended to prohibit public relations or advertising by the chiropractic physician or by their use of public relations or advertising firms;
14. (14) Negligent or reckless practice, or intentional misapplication of practice, regardless of the degree of injury to the patient;
15. (15) Failure to keep accurate records that reflect the diagnosis and treatment of individual patients;

16. (16)

    1. (A) Sexual misconduct.

    2. (B) Sexual violation comprises physician-patient sex, whether initiated by the patient or not, and engaging in any conduct with a patient that is sexual, or may be reasonably interpreted as sexual, including, but not limited to:

       1. (i) Sexual intercourse;
       2. (ii) Oral-to-oral contact except CPR;
       3. (iii) Touching breasts, genitals, or any sexualized body part for any purpose other than appropriate examination by treatment or where the patient has refused or has withdrawn consent; and
       4. (iv) Encouraging the patient to masturbate in the presence of the physician or masturbation by the physician while the patient is present.

    3. (C) Sexual impropriety comprises:

       1. (i) Any behavior, gestures, or expressions that are seductive or sexually demeaning to a patient of normal sensibilities;

       2. (ii) Inappropriate procedures, including, but not limited to:

          1. (a) (a) Disrobing or draping practices that reflect a lack of respect for the patient's privacy; and
          2. (b) (b) Deliberately watching a patient dress or undress instead of providing privacy for disrobing;
       3. (iii) Subjecting a patient to an examination in the presence of students, chiropractic assistants, or other parties without the explicit consent of the patient or when touching of genitals without the use of gloves;

       4. (iv) Inappropriate comments about or to the patient, including, but not limited to:

          1. (a) (a) Making sexualized or sexually demeaning comments to a patient;
          2. (b) (b) Making comments about potential sexual performance during an examination or consultation, except when the examination or consultation is pertinent to the issue of sexual history or sexual likes or dislikes when not clinically indicated for the type of consultation; and
       5. (c) (c) Making a request to date;
       6. (v) Initiation by the physician of conversation regarding the sexual problems, preferences, or fantasies of the physician; and
       7. (vi) Kissing of a sexual nature;
17. (17) [Reserved.];
18. (18) Nothing herein is intended to prohibit public relations or advertising by chiropractic physicians or by their use of public relations advertising firms as provided for under 17 CAR § 110-402(13) and 17 CAR § 110-501 et seq.;

19. (19)

    1. (A) Paying or promising to pay, or leading any person to reasonably believe that they would receive any consideration or anything of value in an attempt to induce such person or minor under such person’s guardianship or parental control to present to the office of a chiropractic physician as a new patient, or if already a patient, in connection with any incident of injury that is or may be the basis of an insurance claim.
    2. (B) This provision explicitly includes inducements made through an agent, procurer, contractor, or employee.
    3. (C) This provision does not prohibit informing members of the public that a chiropractic physician provides transportation for treating patients;
20. (20) Failure to conform to the universal precautions for preventing the transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure prone invasive procedures; and
21. (21) Failure to respond as required to any communication duly served by the board upon a licensee.

Codification Notes: "CPR" means cardiopulmonary resuscitation.