32-1854

32-1854. Definition of unprofessional
conduct

For the purposes of this chapter, "unprofessional conduct" includes the following
acts, whether occurring in this state or elsewhere:

1. Wilfully betraying a professional secret or wilfully violating a privileged
communication except as either of these may otherwise be required by law. This paragraph
does not prevent members of the board from exchanging information with the licensing and
disciplinary boards of other states, territories or districts of the United States or
with foreign countries or with osteopathic medical organizations located in this state or
in any state, district or territory of this country or in any foreign country.

2. Committing a felony, whether or not involving moral turpitude, or a misdemeanor
involving moral turpitude. In either case conviction by any court of competent
jurisdiction is conclusive evidence of the commission.

3. Practicing medicine while under the influence of alcohol, narcotic or hypnotic
drugs or any substance that impairs or may impair the licensee's ability to safely and
skillfully practice medicine.

4. Being diagnosed by a physician licensed under this chapter or chapter 13 of this
title or a psychologist licensed under chapter 19.1 of this title as excessively or
illegally using alcohol or a controlled substance.

5. Prescribing, dispensing or administering controlled substances or
prescription-only drugs for other than accepted therapeutic purposes.

6. Engaging in the practice of medicine in a manner that harms or may harm a
patient or that the board determines falls below the community standard.

7. Impersonating another physician.

8. Acting or assuming to act as a member of the board if this is not true.

9. Procuring, renewing or attempting to procure or renew a license to practice
osteopathic medicine by fraud or misrepresentation.

10. Having professional connection with or lending one's name to an illegal
practitioner of osteopathic medicine or any of the other healing arts.

11. Representing that a manifestly incurable disease, injury, ailment or infirmity
can be permanently cured or that a curable disease, injury, ailment or infirmity can be
cured within a stated time, if this is not true.

12. Failing to reasonably disclose and inform the patient or the patient's
representative of the method, device or instrumentality the licensee uses to treat the
patient's disease, injury, ailment or infirmity.

13. Refusing to divulge to the board on demand the means, method, device or
instrumentality used in the treatment of a disease, injury, ailment or infirmity.

14. Charging a fee for services not rendered or dividing a professional fee for
patient referrals. This paragraph does not apply to payments from a medical researcher to
a physician in connection with identifying and monitoring patients for clinical trial
regulated by the United States food and drug administration.

15. Knowingly making any false or fraudulent statement, written or oral, in
connection with the practice of medicine or when applying for or renewing privileges at a
health care institution or a health care program.

16. Advertising in a false, deceptive or misleading manner.

17. Representing or claiming to be an osteopathic medical specialist if the
physician has not satisfied the applicable requirements of this chapter or board rules.

18. The denial of or disciplinary action against a license by any other state,
territory, district or country, unless it can be shown that this occurred for reasons
that did not relate to the person's ability to safely and skillfully practice osteopathic
medicine or to any act of unprofessional conduct as provided in this section.

19. Any conduct or practice contrary to recognized standards of ethics of the
osteopathic medical profession.

20. Violating or attempting to violate, directly or indirectly, or assisting in or
abetting the violation of or conspiring to violate any of the provisions of this chapter.

21. Failing or refusing to establish and maintain adequate records on a patient as
follows:

(a) If the patient is an adult, for at least seven years after the last date the
licensee provided the patient with medical or health care services.

(b) If the patient is a child, either for at least three years after the child's
eighteenth birthday or for at least seven years after the last date the licensee provided
that patient with medical or health care services, whichever date occurs first.

(c) If the patient dies before the expiration of the dates prescribed in
subdivision (a) or (b) of this paragraph, for at least three years after the patient's
death.

22. Using controlled substances or prescription-only drugs unless they are provided
by a medical practitioner, as defined in section 32-1901, as part of a lawful course of
treatment.

23. Prescribing controlled substances to members of one's immediate family unless
there is no other physician available within fifty miles to treat a member of the family
and an emergency exists.

24. Nontherapeutic use of injectable amphetamines.

25. Violating a formal order, probation or a stipulation issued by the board under
this chapter.

26. Charging or collecting an inappropriate fee. This paragraph does not apply to a
fee that is fixed in a written contract between the physician and the patient and entered
into before treatment begins.

27. Using experimental forms of therapy without adequate informed patient consent or
without conforming to generally accepted criteria and complying with federal and state
statutes and regulations governing experimental therapies.

28. Failing to make patient medical records in the physician's possession promptly
available to a physician assistant, a nurse practitioner, a person licensed pursuant to
this chapter or a podiatrist, chiropractor, naturopathic physician, physician or
homeopathic physician licensed under chapter 7, 8, 13, 14 or 29 of this title on receipt
of proper authorization to do so from the patient, a minor patient's parent, the
patient's legal guardian or the patient's authorized representative or failing to comply
with title 12, chapter 13, article 7.1.

29. Failing to allow properly authorized board personnel to have, on presentation of
a subpoena, access to any documents, reports or records that are maintained by the
physician and that relate to the physician's medical practice or medically related
activities pursuant to section 32-1855.01.

30. Signing a blank, undated or predated prescription form.

31. Obtaining a fee by fraud, deceit or misrepresentation.

32. Failing to report to the board an osteopathic physician and surgeon who is or
may be guilty of unprofessional conduct or is or may be mentally or physically unable
safely to engage in the practice of medicine.

33. Referring a patient to a diagnostic or treatment facility or prescribing goods
and services without disclosing that the physician has a direct pecuniary interest in the
facility, goods or services to which the patient has been referred or prescribed. This
paragraph does not apply to a referral by one physician to another physician within a
group of physicians practicing together.

34. Lack of or inappropriate direction, collaboration or supervision of a licensed,
certified or registered health care provider or office personnel employed by or assigned
to the physician in the medical care of patients.

35. Violating a federal law, a state law or a rule applicable to the practice of
medicine.

36. Prescribing or dispensing controlled substances or prescription-only medications
without establishing and maintaining adequate patient records.

37. Failing to dispense drugs and devices in compliance with article 4 of this
chapter.

38. Any conduct or practice that endangers a patient's or the public's health or may
reasonably be expected to do so.

39. Any conduct or practice that impairs the licensee's ability to safely and
skillfully practice medicine or that may reasonably be expected to do so.

40. With the exception of heavy metal poisoning, using chelation therapy in the
treatment of arteriosclerosis or as any other form of therapy without adequate informed
patient consent and without conforming to generally accepted experimental criteria,
including protocols, detailed records, periodic analysis of results and periodic review
by a medical peer review committee.

41. Prescribing, dispensing or administering anabolic-androgenic steroids to a
person for other than therapeutic purposes.

42. Engaging in sexual conduct with a current patient or with a former patient
within six months after the last medical consultation unless the patient was the
licensee's spouse at the time of the contact or, immediately preceding the
physician-patient relationship, was in a dating or engagement relationship with the
licensee. For the purposes of this paragraph, "sexual conduct" includes:

(a) Engaging in or soliciting sexual relationships, whether consensual or
nonconsensual.

(b) Making sexual advances, requesting sexual favors or engaging in any other
verbal conduct or physical conduct of a sexual nature.

43. Fetal experiments conducted in violation of section 36-2302.

44. Conduct that the board determines constitutes gross negligence, repeated
negligence or negligence that results in harm or death of a patient.

45. Conduct in the practice of medicine that evidences moral unfitness to practice
medicine.

46. Engaging in disruptive or abusive behavior in a professional setting.

47. Failing to disclose to a patient that the licensee has a direct financial
interest in a prescribed treatment, good or service if the treatment, good or service is
available on a competitive basis. This paragraph does not apply to a referral by one
licensee to another licensee within a group of licensees who practice together. A
licensee meets the disclosure requirements of this paragraph if all of the following are
true:

(a) The licensee makes the disclosure on a form prescribed by the board.

(b) The patient or the patient's guardian or parent acknowledges by signing the
form that the licensee has disclosed the licensee's direct financial interest.

48. Prescribing, dispensing or furnishing a prescription medication or a
prescription-only device to a person if the licensee has not conducted a physical
examination of that person or has not previously established a physician-patient
relationship. This paragraph does not apply to emergencies or to prescriptions written or
antimicrobials dispensed to a contact as defined in section 36-661 who is believed to
have had significant exposure risk as defined in section 36-661 with another person who
has been diagnosed with a communicable disease as defined in section 36-661 by the
prescribing or dispensing physician.

49. If a licensee provides medical care by computer, failing to disclose the
licensee's license number and the board's address and telephone number.