§ 541. Disciplinary proceedings; unprofessional conduct

Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:

(1) Advertising or making a representation relating to chiropractic that is intended or has a tendency to deceive the public, including advertising by a licensee that does not clearly state that the services advertised are being offered by a "chiropractor" or "chiropractic physician."

(2) Misrepresentation or concealment of a material fact to obtain, renew, or reinstate a license or registration under this chapter.

(3) Suspension or revocation of a license to practice chiropractic in another jurisdiction on one or more of the grounds specified in this section.

(4) Willful disregard of a subpoena or notice of the Board.

(5) Failure to keep written chiropractic records justifying a course of treatment for a patient, including patient histories, examination results, and test results.

(6) Performing professional services that have not been authorized by the patient or his or her legal representative.

(7) Performing any procedure or prescribing any therapy that, by the prevailing standards of chiropractic practice, would constitute experimentation on a human subject without first obtaining full, informed, and written consent.

(8) Practicing chiropractic with a chiropractor who is not legally practicing within the State, or aiding or abetting that person in the practice of chiropractic.

(9) 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.

(10) Conduct that evidences unfitness to practice chiropractic.

(11) Addiction to narcotics, habitual drunkenness, or rendering professional services to a patient if the chiropractor is intoxicated or under the influence of drugs.

(12) Sexual harassment of a patient.

(13) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient.

(14) [Repealed.]

(15) Failing to inform a patient verbally and to obtain signed written consent from a patient before proceeding from advertised chiropractic services for which no payment is required to chiropractic services for which payment is required. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1997, No. 145 (Adj. Sess.), § 34; 1999, No. 52, § 9; 1999, No. 133 (Adj. Sess.), § 10; 2011, No. 116 (Adj. Sess.), § 11.)