§ 4132 - Unprofessional conduct
§ 4132. Unprofessional conduct
(a) The following conduct and conduct set forth in section 129a of Title 3 by a person licensed under this chapter or an applicant for licensure constitutes unprofessional conduct:
(1) Failing to use a complete or accurate title in professional activity.
(2) Conduct which evidences moral unfitness to practice naturopathic medicine.
(3) Harassing, intimidating or abusing a patient.
(4) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the board.
(5) Abandonment of a patient.
(6) Gross overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services were not rendered.
(7) Sexual harassment of a patient.
(8) Engaging in an inappropriate sexual act with a patient.
(9) Willful misrepresentation in treatments.
(10) Practicing naturopathic medicine in an area or areas in which the licensee is not trained to practice.
(b) The director may refuse to accept the return of a license tendered by the subject of a disciplinary investigation and may notify relevant state, federal and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against the licensee, provided that notice of charges against the licensee has been served or disciplinary action against that person has been taken.
(c) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
(d) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensee or applicant. (Added 1995, No. 171 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 63; 1999, No. 133 (Adj. Sess.), § 33; 2001, No. 129 (Adj. Sess.), § 36, eff. June 13, 2002.)