State Codes and Statutes

Statutes > Vermont > Title-26 > Chapter-10 > 541

§ 541. Disciplinary proceedings; unprofessional conduct

(a) A person licensed or registered under this chapter or a person applying for a license or reinstatement of a license shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

(1) Advertising or making a representation relating to chiropractic which is intended or has a tendency to deceive the public, including advertising by a licensee which 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 which have not been authorized by the patient or his or her legal representative.

(7) Performing any procedure or prescribing any therapy which, 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 which 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) Notwithstanding the provisions of 3 V.S.A. § 129a(a)(10), in the course of practice, failure to use and exercise that degree of care, skill and proficiency which is commonly exercised by the ordinary skillful, careful and prudent chiropractor engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred.

(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.

(c) In connection with a disciplinary action, the board may refuse to accept the return of a license or registration tendered by the subject of a disciplinary investigation.

(d) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the board may take disciplinary action against the licensee, registrant or applicant. That action may include any of the following conditions or restrictions which may be in addition to or in lieu of suspension:

(1) A requirement that the person submit to care or counseling.

(2) A restriction that a licensee practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that a licensee participate in continuing education as defined by the board, in order to overcome specified deficiencies.

(4) A requirement that the licensee's scope of practice be restricted to a specified extent.

(f) The board may reinstate a revoked license on terms and conditions it deems proper. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1997, No. 145 (Adj. Sess.), § 34; 1999, No. 52, § 9; 1999, No. 133 (Adj. Sess.), § 10.)

State Codes and Statutes

Statutes > Vermont > Title-26 > Chapter-10 > 541

§ 541. Disciplinary proceedings; unprofessional conduct

(a) A person licensed or registered under this chapter or a person applying for a license or reinstatement of a license shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

(1) Advertising or making a representation relating to chiropractic which is intended or has a tendency to deceive the public, including advertising by a licensee which 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 which have not been authorized by the patient or his or her legal representative.

(7) Performing any procedure or prescribing any therapy which, 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 which 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) Notwithstanding the provisions of 3 V.S.A. § 129a(a)(10), in the course of practice, failure to use and exercise that degree of care, skill and proficiency which is commonly exercised by the ordinary skillful, careful and prudent chiropractor engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred.

(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.

(c) In connection with a disciplinary action, the board may refuse to accept the return of a license or registration tendered by the subject of a disciplinary investigation.

(d) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the board may take disciplinary action against the licensee, registrant or applicant. That action may include any of the following conditions or restrictions which may be in addition to or in lieu of suspension:

(1) A requirement that the person submit to care or counseling.

(2) A restriction that a licensee practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that a licensee participate in continuing education as defined by the board, in order to overcome specified deficiencies.

(4) A requirement that the licensee's scope of practice be restricted to a specified extent.

(f) The board may reinstate a revoked license on terms and conditions it deems proper. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1997, No. 145 (Adj. Sess.), § 34; 1999, No. 52, § 9; 1999, No. 133 (Adj. Sess.), § 10.)


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State Codes and Statutes

Statutes > Vermont > Title-26 > Chapter-10 > 541

§ 541. Disciplinary proceedings; unprofessional conduct

(a) A person licensed or registered under this chapter or a person applying for a license or reinstatement of a license shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

(1) Advertising or making a representation relating to chiropractic which is intended or has a tendency to deceive the public, including advertising by a licensee which 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 which have not been authorized by the patient or his or her legal representative.

(7) Performing any procedure or prescribing any therapy which, 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 which 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) Notwithstanding the provisions of 3 V.S.A. § 129a(a)(10), in the course of practice, failure to use and exercise that degree of care, skill and proficiency which is commonly exercised by the ordinary skillful, careful and prudent chiropractor engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred.

(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.

(c) In connection with a disciplinary action, the board may refuse to accept the return of a license or registration tendered by the subject of a disciplinary investigation.

(d) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, the board may take disciplinary action against the licensee, registrant or applicant. That action may include any of the following conditions or restrictions which may be in addition to or in lieu of suspension:

(1) A requirement that the person submit to care or counseling.

(2) A restriction that a licensee practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that a licensee participate in continuing education as defined by the board, in order to overcome specified deficiencies.

(4) A requirement that the licensee's scope of practice be restricted to a specified extent.

(f) The board may reinstate a revoked license on terms and conditions it deems proper. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1997, No. 145 (Adj. Sess.), § 34; 1999, No. 52, § 9; 1999, No. 133 (Adj. Sess.), § 10.)


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