58-73-501 - Unprofessional conduct.
58-73-501. Unprofessional conduct.
Unprofessional conduct is as defined in Section 58-1-501, as defined by division rule, andalso includes:
(1) engaging in practice as a chiropractic physician after electing to place his license oninactive status, without having established with the board that he has initiated or completedcontinuing education necessary to reinstate active status of his license;
(2) failing to complete required continuing professional education;
(3) violating any of the scope of practice standards set forth in Section 58-73-601;
(4) failing to maintain patient records in sufficient detail to clearly substantiate adiagnosis, all treatment rendered to the patient in accordance with the recognized standard ofchiropractic care, and fees charged for professional services;
(5) refusing to divulge to the division on demand the means, methods, device, orinstrumentality used in the treatment of a disease, injury, ailment, or infirmity, unless thatinformation is protected by the physician-patient privilege of Utah and the patient has not waivedthat privilege;
(6) refusing the division or its employees access to his office, instruments, laboratoryequipment, appliances, or supplies at reasonable times for purposes of inspection;
(7) fraudulently representing that curable disease, sickness, or injury can be cured in astated time, or knowingly making any false statement in connection with the practice ofchiropractic;
(8) offering, undertaking, or agreeing to cure or treat a disease, injury, ailment, orinfirmity by a secret means, method, device, or instrumentality;
(9) willfully and intentionally making any false statement or entry in any chiropracticoffice records or other chiropractic records or reports;
(10) knowingly engaging in billing practices which are abusive and represent chargeswhich are fraudulent or grossly excessive for services rendered;
(11) performing, procuring, or agreeing to procure or perform, or advising, aiding in orabetting, or offering or attempting to procure or aid or abet in the procuring of a criminalabortion;
(12) willfully betraying or disclosing a professional confidence or violation of aprivileged communication, except:
(a) as required by law; or
(b) to assist the division by fully and freely exchanging information concerning applicantsor licensees with the licensing or disciplinary boards of other states or foreign countries, the Utahchiropractic associations, their component societies, or chiropractic societies of other states,countries, districts, territories, or foreign countries;
(13) directly or indirectly giving or receiving any fee, commission, rebate, or othercompensation for professional services not actually rendered or supervised, but this subsectiondoes not preclude the legal relationships within lawful professional partnerships, corporations, orassociations; and
(14) knowingly failing to transfer a copy of pertinent and necessary medical records or asummary of them to another physician when requested to do so by the subject patient or hisdesignated representative.
Amended by Chapter 26, 1998 General Session