KRS 312.150: Charges against licensee -- Grounds -- Disciplinary proceedings --

Opportunity for hearing required -- Penalty for sexual contact with patient.

(1) Charges may be preferred by the board against the holder of a license to practice

chiropractic in this state on any of the following grounds:

(a) That fraud, misrepresentation, concealment of material facts, or deceit was

used in obtaining or retaining the license;

(b) That the licensee no longer possesses a good moral character;

(c) That the license e has been convicted of a felony or violation of any law

involving moral turpitude;

(d) That the licensee solicits or advises patients utilizing false, deceptive, or

misleading statements or information;

(e) That the licensee is impaired by drugs or alcoho l to the extent that it may

affect the health, welfare, or safety of patients;

(f) That the licensee is in any way guilty of any deception, misrepresentation,

fraud, or unethical conduct in the practice of chiropractic;

(g) That the licensee has:

1. Violated:

a. Any of the provisions of this chapter, or any of the administrative

regulations of the board; or

b. KRS 304.39-215; or

2. Engaged in conduct that is subject to the penalties under KRS 304.99 -

060(4) or (5);

(h) That the licensee failed to attend and complete annual continuing chiropractic

education courses as provided in KRS 312.175;

(i) That the licensee failed to provide a complete copy of the patient's medical

records or an itemized statement to the patient upon request, pursuant to KRS

422.317, within ten (10) business days; or

(j) That the chiropractor failed to provide notice of a change in address or change

in the name and address of the facility where the chiropractor practices as

required by KRS 312.145(4).

(2) Unprofessional conduct shall include any departure or the failure to conform to the

minimal standards of acceptable chiropractic practice or the willful or careless

disregard for the health, welfare, or safety of patients, in any of which cases proof of

actual injury need not be established. Unprofessional conduct shall include, but not

be limited to, the following acts of a chiropractor:

(a) Gross ignorance of, or incompetence in, the practice of chiropractic;

(b) Performing unnecessary services;

(c) Charging a patient an unconscionable fee or charging for services not

rendered;

(d) Directly or indirectly engaging in threatening, dishonest, or misleading fee

collection techniques, including having patients enter into a contract for a

course of treatment;

(e) Perpetrating fraud upon patients, third -party payors, or others, relating to the

practice of chiropractic, including violations of the federal Medicaid and

Medicare laws;

(f) Advertising that the licensee shall accept for services rendered assigned

payments from any third-party payor as payment in full, if the effect is to give

the impression of eliminating the need for payment by the patient of any

required deductible or copayment applicable in the patient's health benefit

plan; or advertising a fee or charge for a servi ce or treatment different from

the fee or charge the licensee submits to a third -party payor for that service of

treatment. The licensee shall attach to any claim form submitted to any third -

party payor a copy of any coupon or a summary of the terms of any discount

given;

(g) Accepting for services rendered assigned payments from any third-party payor

as payment in full, if the effect is to eliminate the need for payment by the

patient of any required deductible or copayment applicable in the patient's

health benefit plan, or collecting a fee or charge the licensee submits to a

third-party payor for that service or treatment. However, in instances where

the intent is not to collect excessive remuneration from a third -party payor but

rather to provide service s at a reduced rate to a patient unable to afford the

deductible or copayment, the services may be performed for a lesser charge or

fee. The third -party payor shall be informed by the licensee of the reduced

charge; or

(h) Conviction of a misdemeanor offen se under KRS Chapter 510 involving a

patient while the patient was under the care of the chiropractor, or a felony

offense under KRS Chapter 510, 530.064(1)(a), or 531.310, or the

chiropractor having been found by the board to have had sexual contact as

defined in KRS 510.010 with a patient while the patient was under the care of

the chiropractor.

(3) Upon receipt and due consideration of any charges, the board upon an affirmative

vote shall determine whether the nature and quality of the charges are such t hat

further investigation or initiation of disciplinary proceedings against the charged

licensee is indicated. If disciplinary proceedings are not warranted, the charges shall

be dismissed with or without prejudice. If the board determines that disciplinar y

proceedings are appropriate, the case may be resolved informally by agreed order or

set for hearing to be conducted in accordance with KRS Chapter 13B.

(4) Except for revocation for nonrenewal, no license shall be revoked or suspended

without an opportun ity for a hearing. The board may at any time proceed against a

licensee on its own initiative either on the basis of information contained in its own

records or on the basis of information obtained through its informal investigation.

(5) If the board substantiates that sexual contact occurred between the chiropractor and

a patient while the patient was under the care of or in a professional relationship

with the chiropractor, the chiropractor's license may be revoked or suspended with

mandatory treatment of the chiropractor as prescribed by the board. The board may

require the chiropractor to pay a specified amount for mental health services for the

patient which are needed as a result of the sexual contact.