GENERAL GOVERNMENT CABINET
Board of Chiropractic Examiners
RELATES TO: KRS 312.019(9)(a)
STATUTORY AUTHORITY: KRS 312.019(9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 312.019(9)(a) authorizes the board to promulgate and amend administrative regulations for the practice of chiropractic, including adopting a code of ethical conduct. This administrative regulation establishes the minimum standards of professional and ethical conduct and practice that a licensee shall maintain.
Section 1. Each licensee shall comply with the minimum standards of professional and ethical conduct established in subsections (1) through (9) of this section.
(1) A licensee shall not advertise the licensee’s services except as provided by 201 KAR 21:065.
(2) A licensee shall not commit an act of sexual misconduct, sexual harassment, or any act punishable as a sexual offense.
(3) A licensee shall refrain from chemical or substance abuse. The chemical or substance abuse shall not have to take place in a chiropractic office for the board to take action against a licensee.
(4)(a) Division of a professional fee shall not be made, except upon the basis of actual services rendered.
(b) Unless prohibited by law, each licensed chiropractor of a business entity shall be allowed to pool or apportion fees received in accordance with a business agreement.
(5)(a) A licensee shall not pay or receive compensation for the referral or unlawful solicitation of patients.
(b) A licensee, employee of a licensee, agent of a licensee, contractor of a licensee, or anyone acting in concert with the licensee shall not provide monetary compensation or other consideration of value to an individual in order to induce or entice the individual to commence a chiropractor-patient relationship or continue as a patient of the licensee.
(6)(a) Telemarketing shall be permitted only if the telemarketing is nontargeted, taken from a general list of phone numbers, and if not violating the state’s no-call provisions.
A chiropractor shall not contact
or cause an accident victim to be contacted by the chiropractor’s employee,
agent, contractor, telemarketer, or anyone acting in concert with the
chiropractor. (c)] The licensee shall be held
responsible for the content of any contact made by a telemarketer, agent,
employee, or contractor representing the chiropractor.
(7) A licensee shall report to the board any reasonably suspected violation of KRS Chapter 312 or 201 KAR Chapter 21 by another licensee or applicant within thirty (30) days.
(8) A licensee shall report to the board any civil judgment, settlement, or civil claim made against the licensee within thirty (30) days.
(9) A licensee shall report to the board any discipline from another state licensing board within thirty (30) days of receiving notice of final disciplinary action.
Section 2. Each licensee shall comply with the minimum standards of practice established in subsections (1) through (6) of this section.
(1) A licensee shall keep in confidence whatever the licensee may learn about a patient in the discharge of professional duties. Information shall be divulged by the licensee only if required by law or authorized by the patient.
(2) A licensee shall render care to each patient that is consistent with treatment and care that would be rendered by a reasonably prudent chiropractor licensed in the Commonwealth of Kentucky 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 inform the patient of the licensee’s clinical diagnosis, treatment plan, and expected outcome of treatment prior to the onset of care.
(4) A licensee shall give timely notice to the licensee’s patient or to those responsible for a patient's care if the licensee withdraws from a case so that the patient may obtain another chiropractor.
(5) A licensee shall not abandon a patient.
(6) A licensee shall practice the licensee’s profession in accordance with the provisions of KRS Chapter 312 and 201 KAR Chapter 21.
Section 3. (1) Each licensee shall cooperate with the board by:
(a) Furnishing germane documents requested by the board;
(b) Furnishing in writing a complete explanation covering the matter contained in the complaint filed with the board;
(c) Appearing before the board at the time and place designated; and
(d) Properly responding to a subpoena issued by the board.
(2) A licensee shall comply with an order issued by the board.
MARK WOODWARD, D.C., President
APPROVED BY AGENCY: August 28, 2015
FILED WITH LRC: September 8, 2015 at 4 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 21, 2015, at 1:00 p.m., local time, at the Kentucky Board of Chiropractic Examiners office, 209 South Green Street, Glasgow, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business on November 2, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Karalee Oldenkamp, D.C., Executive Director, Kentucky Board of Chiropractic Examiners, P.O. Box 183, Glasgow, Kentucky 42142, phone (270) 651-2522, fax (270) 651-8784.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact person: Karalee Oldenkamp, D.C
(1) Provide a brief summary of:
(a) What this administrative regulation does: This administrative regulation establishes the code of ethical conduct and standards of practice for Kentucky licensed chiropractors.
(b) The necessity of this administrative regulation: The necessity of this regulation is to establish the code of ethical conduct and standards of practice for Kentucky licensed chiropractors.
(c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 312.019(9)(a) authorizes the board to amend administrative regulations to establish a code of ethical conduct governing the practice of chiropractic.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation establishes the code of ethical conduct and standards of practice for Kentucky licensed chiropractors.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation: This amended administrative regulation removes a section which has been challenged in court as unconstitutional.
(b) The necessity of the amendment to this administrative regulation: This amendment to the current administrative regulation is necessary to prevent further loss of state funds by continuing to accrue legal costs as the case continues in the court system.
(c) How the amendment conforms to the content of the authorizing statutes: Removal of this one section will not change the conformity of the regulation to its authorizing statutes.
(d) How the amendment will assist in the effective administration of the statutes: Removal of this one section will allow for clear understanding of the code of ethics without question as to its constitutionality.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation impacts the approximately 1,075 licensed doctors of chiropractic in the Commonwealth of Kentucky.
(4) Provide an analysis of how the above group or groups will be impacted by either the implementation of this administrative regulation, if new, or by the change if it is an amendment, including:
(a) List the actions that each of the regulated entities in question (3) will have to take to comply with this administrative regulation or amendment: All licensees must conduct their practice within the ethical code and standards of practice outlined in this regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be no cost.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): This amendment will clarify the ethical code and standards of practice, making compliance easier for the licensee.
(5) Provide an estimate of how much it will cost to implement this administrative regulation:
(a) Initially: No additional cost is foreseen for the implementation of this administrative regulation.
(b) On a continuing basis: No additional cost is foreseen on a continuing basis for the implementation of this administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The board’s operation is funded by fees paid by licensees.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees will be necessary to implement this amended regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This amended administrative regulation does not establish a fee or directly or indirectly increase any fee.
(9) TIERING: Is tiering applied? Tiering was not applied since this regulation applies equally to all licensees.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Board of Chiropractic Examiners
2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 312.019(9)
3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? N/A
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? N/A
(c) How much will it cost to administer this program for the first year? N/A
(d) How much will it cost to administer this program for subsequent years? N/A
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.