201 KAR 21:015. Code of ethical conduct.

      RELATES TO: KRS 312.019(9)(a)

      STATUTORY AUTHORITY: KRS 312.019(9)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 312.019(9)(a) provides that the board may adopt and from time to time amend administrative regulations and that it may adopt a code of ethical conduct governing the practice of chiropractic. This administrative regulation is to delineate the minimum standards of professional and ethical conduct which all licensees shall maintain.

      Section 1. All licensees shall abide by the following minimum standards of professional and ethical conduct:

      (1) A licensee shall keep in confidence whatever he may learn about a patient in the discharge of professional duties. Information shall be divulged by him if required by law or authorized by a patient.

      (2) A licensee shall render care that is consistent with treatment and care that would be rendered by a reasonably prudent chiropractor licensed in the Commonwealth of Kentucky to each patient and shall give a candid account of a patient's condition to the patient or to those responsible for the patient's care.

      (3) A licensee shall give timely notice to his patient or to those responsible for a patient's care when he withdraws from a case so that another chiropractor may be obtained.

      (4) A licensee shall not abandon a patient.

      (5) A licensee shall practice his profession in accordance with the provisions of KRS Chapter 312 and the board's administrative regulations.

      (6) A licensee shall not advertise his services except as provided by 201 KAR 21:065.

      (7) A licensee shall inform the patient of his or her clinical diagnosis, treatment plan, and expected outcome of treatment prior to the onset of care.

      (8) A licensee shall not commit an act of sexual misconduct or sexual harassment or commit any act punishable as a sexual offense.

      (9) A licensee shall refrain from chemical or substance abuse. The chemical or substance abuse does not have to take place in a chiropractic office for the board to take action against a licensee.

      (10) Division of any professional fee shall not be made, except upon the basis of actual services rendered.

      (11) A licensee shall not pay or receive compensation for the referral of patients.

      (12)(a) Telemarketing is permitted if the telemarketing is nontargeted, taken from a general list of phone numbers, and does not violate the state’s no-call provisions.

      (b) A chiropractor shall not contact or cause an accident victim to be contacted by his employee, agent, contractor, telemarketer, or anyone in concert with the chiropractor in violation of the Consumer Protection Laws of the Commonwealth of Kentucky.

      (c) The licensee shall be held responsible for the content of any contact made by a telemarketer, agent, employee, or contractor representing the chiropractor. (6 Ky.R. 163; eff. 10-3-79; Am. 16 Ky.R. 1610; eff. 4-12-90; 32 Ky.R. 1727; 33 Ky.R. 1070; eff. 10-18-2006.)