§ 5.81. Unprofessional and immoral conduct.
A licensee who engages in unprofessional or immoral conduct is subject to disciplinary action in accordance with section 506 of the act (63 P. S. § 625.506).
(1) Unprofessional conduct includes the following:
(i) Revealing personally identifiable facts obtained as the result of a doctor-patient relationship without the prior consent of the patient, except as authorized or required by law.
(ii) Performing a chiropractic service incompetently or performing a chiropractic service which the licensee knows or has reason to know that the licensee is not competent to perform.
(iii) Advertising a chiropractic practice in a manner which is intended or has the tendency to deceive the public.
(iv) Knowingly permitting, aiding or abetting a person who is not licensed to perform activities, requiring a license in health care practice.
(v) Continuing to practice chiropractic or to indicate the ability to practice chiropractic while one’s license is unregistered or inactive or is suspended or revoked.
(vi) Impersonating another health care practitioner.
(vii) Offering, undertaking or agreeing to cure or treat a disease by a secret method, procedure, treatment or preparation or the treating of a human condition by a method, means or procedure which the licensee refuses to divulge to the Board upon demand of the Board.
(viii) Delegating a radiological procedure to a person whom the chiropractor knows or has reason to know is not qualified to perform the proce-dure, under section 522 of the act (63 P.S. § 625.522) and § 5.62 (relating to auxiliary personnel who may perform radiological procedures).
(ix) Failing to exercise direct supervision over auxiliary personnel authorized to perform radiological procedures.
(x) Willfully engaging in sexual activity with a patient within the scope of the chiropractor/patient relationship or harassing, assaulting, abusing or intimidating a patient.
(xi) Abandoning a patient. Abandonment occurs when a licensee withdraws services after a doctor-patient relationship has been established, by failing to give notice to the patient of the licensee’s intention to withdraw in sufficient time to allow the patient to obtain necessary chiropractic care.
(xii) Ordering excessive tests, treatment or use of treatment and diagnostic facilities not reasonably warranted by the condition of the patient.
(xiii) Failure to include the word chiropractor, chiropractic, D.C. or a derivative thereof in advertisements, letterhead, signs and other printed material.
(xiv) Practicing or advertising adjunctive procedures without a certificate to use adjunctive procedures issued by the Board.
(xv) Practicing or advertising needle acupuncture, unless the licensee is licensed to do so by the State Board of Medicine or the State Board of Osteopathic Medicine and acting in accordance with the Acupuncture Licensure Act (63 P.S. § § 1801—1806.1) and regulations of the State Board of Medicine in § § 18.11—18.18 (relating to licensure and practice of acupuncturists and practitioners of oriental medicine) or regulations of the State Board of Osteopathic Medicine in § § 25.301—25.308 (relating to registration and practice of acupuncturists).
(2) Immoral conduct includes the following:
(i) Misrepresentation or concealment of a material fact in obtaining a license to practice chiropractic or the reinstatement thereof.
(ii) The commission of an act involving moral turpitude, dishonesty or corruption.
Authority The provisions of this § 5.81 issued under section 302 of the Chiropractic Practice Act (63 P.S. § 625.302); amended under sections 302(3), 506(a)(4) and (11) of the Chiropractic Practice Act (63 P.S. § § 625.302(3) and 625.506(a)(4) and (11)).
Source The provisions of this § 5.81 adopted December 27, 1991, effective December 28, 1991, 21 Pa.B. 5944; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7203. Immediately preceding text appears at serial pages (208592) and (222869).
Cross References This section cited in 49 Pa. Code § 5.95 (relating to confidentiality—waived).
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