Cal. Code Regs. tit. 16 § 317

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 317 - Unprofessional Conduct

The board shall take action against any holder of a license who is guilty of unprofessional conduct which has been brought to its attention, or whose license has been procured by fraud or misrepresentation or issued by mistake.

Unprofessional conduct includes, but is not limited to, the following:

(a) Gross negligence;

(b) Repeated negligent acts;

(c) Incompetence;

(d) The administration of treatment or the use of diagnostic procedures which are clearly excessive as determined by the customary practice and standards of the local community of licensees;

(e) Any conduct which has endangered or is likely to endanger the health,welfare, or safety of the public;

(f) The administering to oneself, of any controlled substance, or the use of any dangerous drug or of alcoholic beverages to the extent or in a manner as to be dangerous or injurious to oneself, or to any other person or to the public, or to the extent that the use impairs the ability of the person to conduct with safety to the public the practice authorized by the license;

(g) Conviction of a crime which is substantially related to the qualifications, functions or duties of a chiropractor;

(h) Conviction of any offense, whether felony or misdemeanor, involving moral turpitude, dishonesty, physical violence or corruption. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if such conviction was of an offense involving moral turpitude, dishonesty, physical violence or corruption. A plea or verdict of guilty, or a plea of nolo contendere is deemed to be a conviction within the meaning of the board's disciplinary provisions, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code. The board may order a license to be suspended or revoked, or may decline to issue a license upon the entering of a conviction or judgement in a criminal matter.

(i) The conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any dangerous drug or alcoholic beverage, or any combination of those substances.

(j) The violation of any of the provisions of law regulating the dispensing or administration of narcotics, dangerous drugs, or controlled substances;

(k) The commission of any act involving moral turpitude, dishonesty, or corruption, whether the act is committed in the course of the individual's activities as a license holder, or otherwise;

(l) Knowingly making or signing any certificate or other document relating to the practice of chiropractic which falsely represents the existence or nonexistence of a state of facts;

(m) Violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violation of, or conspiring to violate any provision or term of the Act or the regulations adopted by the board thereunder;

(n) Making or giving any false statement or information in connection with the application for issuance of a license;

(o) Impersonating an applicant or acting as a proxy for an applicant in any examination required by the board for the issuance of a license or certificate;

(p) The use of advertising relating to chiropractic which violates section 17500 of the Business and Professions Code;

(q) The participation in any act of fraud or misrepresentation;

(r) Except as may be required by law, the unauthorized disclosure of any information about a patient revealed or discovered during the course of examination or treatment;

(s) The employment or use of persons known as cappers or steerers to obtain business;

(t) The offering, delivering, receiving or accepting of any rebate, refund, commission, preference, patronage, dividend, discount or other consideration as compensation or inducement for referring patients to any person;

(u) Participation in information or referral bureaus which do not comply with section 317.1 of the regulations;

(v) Entering into an agreement to waive, abrogate, or rebate the deductible and/or co-payment amounts of any insurance policy by forgiving any or all of any patient's obligation for payment thereunder, when used as an advertising and/or marketing procedure, unless the insurer is notified in writing of the fact of such waiver, abrogation, rebate, or forgiveness in each such instance.

In all insurance billings where a waiver of a deductible or a co-payment is intended as an advertising and/or marketing procedure, the chiropractor's statement and insurance billing shall contain the following statement:

I/WE WAIVE CO-PAYMENT AND/OR DEDUCTIBLES. IT IS MY/OUR INTENTION TO DO THE FOLLOWING: (Indicate one choice below)

() BILL THE PATIENT $____________________ AFTER RECEIPT FROM YOU OF $____________________.

() WAIVE ANY FURTHER PAYMENT FROM THE PATIENT AFTER RECEIPT FROM YOU OF $____________________.

() IN CASES WHERE PREDETERMINATION OF INSURANCE BENEFITS IS NOT POSSIBLE, I/WE PROVIDE THE FOLLOWING WRITTEN EXPLANATION OF MY/OUR BILLING INTENTIONS:

___________________________

___________________________

___________________________

___________________________

(w) Not referring a patient to a physician and surgeon or other licensed health care provider who can provide the appropriate management of a patient's physical or mental condition, disease or injury within his or her scope of practice, if in the course of a diagnostic evaluation a chiropractor detects an abnormality that indicates that the patient has a physical or mental condition, disease, or injury that is not subject to appropriate management by chiropractic methods and techniques. This subsection shall not apply where the patient states that he or she is already under the care of such other physician and surgeon or other licensed health care provider who is providing the appropriate management for that physical or mental condition, disease, or injury within his or her scope of practice.

(x) The offer, advertisement, or substitution of a spinal manipulation for vaccination.

(y) [Reserved]

Cal. Code Regs. Tit. 16, § 317

1. New subsection (t) filed 12-12-78; effective thirtieth day thereafter (Register 78, No. 50). For prior history, see Register 77, No. 49.
2. Amendment of subsections (p) and (t) filed 7-30-87; operative 8-29-87 (Register 87, No. 32).
3. New subsection (u) filed 6-5-90; operative 7-5-90 (Register 90, No. 30).
4. Change without regulatory effect amending subsection (u) filed 8-13-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 43).
5. Amendment of subsection (u) filed 3-27-92; operative 4-27-92 (Register 92, No. 14).
6. Change without regulatory effect amending subsection (h) and NOTE filed 8-17-92 pursuant to title 1, section 100, California Code of Regulations (Register 92, No. 34).
7. New subsection (v) filed 4-16-93; operative 5-17-93 (Register 93, No. 16).
8. New subsections (w) and (x) and amendment of NOTE filed 6-21-93 as an emergency; operative 6-21-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-19-93 or emergency language will be repealed by operation of law on the following day.
9. New subsection (y) filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
10. Repealed new subsections (w) and (x) and amendment of NOTE operative 6-21-93 by operation of law on 10-20-93 (Register 93, No. 46).
11. Reinstatement of new subsections (w) and (x) and amendment of NOTE, repealed 10-20-93, refiled 11-3-93 as an emergency; operative 11-8-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-8-94 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 11-3-93 order, including repeal of subsection (x), transmitted to OAL 11-10-93 and filed 12-23-93 (Register 93, No. 52).
13. Editorial correction of HISTORY 11 (Register 93, No. 52).
14. Certificate of Compliance as to 9-27-93 order transmitted to OAL 1-25-94; disapproved by OAL 3-9-94 and reinstatement of section as it existed prior to 9-27-93 emergency amendment operative 3-9-94 (Register 2004, No. 14).
15. Amendment of subsection (h) filed 7-29-96; operative 8-28-96 (Register 96, No. 31).
16. Amendment of subsections (f) and (h), new subsection (i) and subsection relettering filed 4-5-2000; operative 5-5-2000 (Register 2000, No. 14).
17. Amendment of subsection (h) filed 7-3-2003; operative 8-2-2003 (Register 2003, No. 27).
18. Editorial correction repealing subsection (z), adding HISTORY 14 and renumbering HISTORIES (Register 2004, No. 14).

Note: Authority cited: Sections 1000- 4(b) and 1000- 10, Business and Professions Code (Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii). Reference: Sections 1000- 4(b), and 1000- 10, Business and Professions Code (Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii).

1. New subsection (t) filed 12-12-78; effective thirtieth day thereafter (Register 78, No. 50). For prior history, see Register 77, No. 49.
2. Amendment of subsections (p) and (t) filed 7-30-87; operative 8-29-87 (Register 87, No. 32).
3. New subsection (u) filed 6-5-90; operative 7-5-90 (Register 90, No. 30).
4. Change without regulatory effect amending subsection (u) filed 8-13-90 pursuant to section 100, title 1, California Code of Regulations (Register 90, No. 43).
5. Amendment of subsection (u) filed 3-27-92; operative 4-27-92 (Register 92, No. 14).
6. Change without regulatory effect amending subsection (h) and Note filed 8-17-92 pursuant to title 1, section 100, California Code of Regulations (Register 92, No. 34).
7. New subsection (v) filed 4-16-93; operative 5-17-93 (Register 93, No. 16).
8. New subsections (w) and (x) and amendment of Note filed 6-21-93 as an emergency; operative 6-21-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-19-93 or emergency language will be repealed by operation of law on the following day.
9. New subsection (y) filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.
10. Repealed new subsections (w) and (x) and amendment of Note operative 6-21-93 by operation of law on 10-20-93 (Register 93, No. 46).
11. Reinstatement of new subsections (w) and (x) and amendment of Note, repealed 10-20-93, refiled 11-3-93 as an emergency; operative 11-8-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-8-94 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 11-3-93 order, including repeal of subsection (x), transmitted to OAL 11-10-93 and filed 12-23-93 (Register 93, No. 52).
13. Editorial correction of History 11 (Register 93, No. 52).
14. Certificate of Compliance as to 9-27-93 order transmitted to OAL 1-25-94; disapproved by OAL 3-9-94 and reinstatement of section as it existed prior to 9-27-93 emergency amendment operative 3-9-94 (Register 2004, No. 14).
15. Amendment of subsection (h) filed 7-29-96; operative 8-28-96 (Register 96, No. 31).
16. Amendment of subsections (f) and (h), new subsection (i) and subsection relettering filed 4-5-2000; operative 5-5-2000 (Register 2000, No. 14).
17. Amendment of subsection (h) filed 7-3-2003; operative 8-2-2003 (Register 2003, No. 27).
18. Editorial correction repealing subsection (z), adding History 14 and renumberingHistories (Register 2004, No. 14).