Chiropractic Examiners, Board of

Chiropractic Examiners, Board of

Chapter 7: Grounds for Disciplinary Action

Effective Date: 07/05/2023 to Current

Rule Type: Current Rules & Regulations

Reference Number: 030.0001.7.07052023

CHAPTER 7

GROUNDS FOR DISCIPLINARY ACTION

Section 1. Authority. The Board promulgates these rules according to authority granted by Wyoming Statute 33-10-110.

Section 2. Grounds for Disciplinary Action. The Board may take disciplinary action or refuse to issue or renew a license for one (1) or more of the following acts or conduct:

1. (a) Failure to conform with the standards of practice identified in Chapter 11;
2. (b) Inability to function with reasonable skill and safety for the following reasons, including but not limited to:
3. (i) Substance abuse/dependency or clinically diagnosed substance use disorder; or
4. (ii) Physical or mental disability, including cognitive impairment or other impairment from consumption of drugs or alcohol;
5. (c) Immoral, unprofessional, or dishonorable conduct;
6. (d) Violation of professional boundaries, including, but not limited to:
7. (i) Harassment, intimidation or abuse, sexual or otherwise, of a client or patient;
8. (ii) Engaging in sexual intercourse or other sexual contact with a client or patient; or
9. (iii) Exercising undue influence to exploit a patient, student or supervisee for financial or other personal advantage to the practitioner or a third party;
10. (e) Practicing outside the areas of professional competence as established by education, training, and experience;
11. (f) Practicing below the applicable standard of care;
12. (g) Malpractice or negligence in the practice of chiropractic;
13. (h) Fraud or deceit, including, but not limited to: prescription fraud, falsification of a medical record, omission of required information or submission of false information;
14. (i) Disciplinary action taken by another state against a licensee;

(j) Conviction of any crime or offense that reflects the inability of the practitioner to practice chiropractic with due regard for the health and safety of clients or patients;

(k) Failure to comply with a term, condition or obligation imposed by the Board or another board of chiropractic;

(l) Failure to appropriately supervise; or

(m) Practicing without a valid license.

Section 3. Ethical Standards.

(a) Licensees shall demonstrate honesty with regard to the patient's condition when communicating with the patient and/or representatives of the patient. Licensees shall not mislead or appeal to an individual's anxiety or create unjustified expectation of results of treatment. The licensee shall not minimize the gravity of the patient's condition.

(b) Licensees shall not misrepresent their education, credentials, professional qualification or scope of clinical ability.

(c) Licensees shall preserve and protect the patient's confidential information, except as the patient directs or consents, or the law requires otherwise.

(d) Licensees shall consult and refer when appropriate.

(e) Licensees shall not neglect or abandon a patient. Licensees shall provide appropriate notice to the patient and/or representatives of the patient when care will be withdrawn so that appropriate alternatives for continuity of care may be arranged.

(f) Licensees shall not practice, facilitate or condone discrimination on the basis of race, sex, sexual orientation, age, religion, nation origin, marital status, political belief, mental or physical handicap or other preferences or characteristics.

(g) Licensees shall ensure all advertising is accurate, truthful, not misleading, false or deceptive. Communications to the public shall not appeal primarily to an individual's anxiety or create unjustified expectations of results.

(h) Licensees shall report to the Board known or suspected violations of the laws and regulations governing the practice of chiropractic.

(i) Licensees are responsible for all patient care provided by them, or patient care directly delegated by said chiropractor to their agent or employee. Patient care includes the practice of chiropractic, patient recordkeeping, patient billing, insurance billing, and communication with insurance companies.

(j) Licensees shall not knowingly make or sign 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.

(k) Licensees shall not delegate 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.

(l) Violation of any provision above shall be considered 'unprofessional conduct' and shall constitute grounds for disciplinary action by the Board.