Section 645.45.2. Grounds for discipline.

The board may impose any of the disciplinary sanctions provided in rule 645—45.3(147,272C) when the board determines that the licensee is guilty of any of the following acts or offenses:

         45.2(1) Fraud in procuring a license. Fraud in procuring a license includes, but is not limited to, an intentional perversion of the truth in making application for a license to practice in this state, which includes the following:

            a.               False representations of a material fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making application for a license in this state, or

            b.               Attempting to file or filing with the board or the department of public health any false or forged diploma or certificate or affidavit or identification or qualification in making an application for a license in this state.

         45.2(2) Professional incompetency. Professional incompetency includes, but is not limited to:

            a.               A substantial lack of knowledge or ability to discharge professional obligations within the scope of practice.

            b.               A substantial deviation from the standards of learning or skill ordinarily possessed and applied by other chiropractic physicians in the state of Iowa acting in the same or similar circumstances.

            c.               A failure to exercise the degree of care which is ordinarily exercised by the average chiropractic physician acting in the same or similar circumstances.

            d.               Failure to conform to the minimal standard of acceptable and prevailing practice of a chiropractic physician in this state.

            e.               Inability to practice with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material or as a result of a mental or physical condition.

            f.                Being adjudged mentally incompetent by a court of competent jurisdiction.

            g.               Failure to maintain a patient’s record(s) for a minimum of six years after the date of last examination or treatment. Records for minors shall be maintained for one year after the patient reaches the age of majority (18) or six years after the date of last examination or treatment, whichever is longer. Proper safeguards shall be maintained to ensure the safety of records from destructive elements. This provision includes both clinical and fiscal records.

         45.2(3) Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public. This includes representations utilizing the term “physical therapy” when informing the public of the services offered by the chiropractic physician unless a licensed physical therapist is performing such services. Nothing herein shall be construed as prohibiting a chiropractic physician from making representations regarding physiotherapy that may be the same as, or similar to, physical therapy or physical medicine as long as treatment is appropriate as authorized in Iowa Code chapter 151. Proof of actual injury need not be established.

         45.2(4) Practice outside the scope of the profession.

         45.2(5) Use of untruthful or improbable statements in advertisements. Use of untruthful or improbable statements in advertisements includes, but is not limited to, an action by a licensee in making information or intention known to the public which is false, deceptive, misleading or promoted through fraud or misrepresentation or representations that are likely to cause the average person to misunderstand.

         45.2(6) Habitual intoxication or addiction to the use of drugs.

         45.2(7) Obtaining, possessing, attempting to obtain or possess, or administering controlled substances without lawful authority.

         45.2(8) Falsification of client records.

         45.2(9) Acceptance of any fee by fraud or misrepresentation.

         45.2(10) Negligence by the licensee in the practice of the profession. Negligence by the licensee in the practice of the profession includes a failure to exercise due care including negligent delegation of duties or supervision of employees or other individuals, whether or not injury results; or any conduct, practice or conditions which impair the ability to safely and skillfully practice the profession.

         45.2(11) Conviction of a crime related to the profession or occupation of the licensee or the conviction of any crime that would affect the licensee’s ability to practice within the profession, regardless of whether the judgment of conviction or sentence was deferred. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

         45.2(12) Violation of a regulation or law of this state, another state, or the United States, which relates to the practice of the profession.

         45.2(13) Revocation, suspension, or other disciplinary action taken by a licensing authority of this state, another state, territory, or country; or failure by the licensee to report in writing to the board revocation, suspension, or other disciplinary action taken by a licensing authority within 30 days of the final action. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, the report shall be expunged from the records of the board.

         45.2(14) Failure of a licensee or an applicant for licensure in this state to report any voluntary agreements restricting the practice of the profession in another state, district, territory or country.

         45.2(15) Failure to notify the board of a criminal conviction within 30 days of the action, regardless of the jurisdiction where it occurred.

         45.2(16) Failure to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or action.

         45.2(17) Engaging in any conduct that subverts or attempts to subvert a board investigation.

         45.2(18) Failure to comply with a subpoena issued by the board, or otherwise fail to cooperate with an investigation of the board.

         45.2(19) Failure to comply with the terms of a board order or the terms of a settlement agreement or consent order.

         45.2(20) Failure to pay costs assessed in any disciplinary action.

         45.2(21) Submission of a false report of continuing education or failure to submit the biennial report of continuing education.

         45.2(22) Failure to report another licensee to the board for any violations listed in these rules, pursuant to Iowa Code section 272C.9.

        45.2(23) Knowingly aiding, assisting, procuring, or advising a person to unlawfully practice as a chiropractic physician.

         45.2(24) Failure to report a change of name or address within 30 days after it occurs.

         45.2(25) Representing oneself as a chiropractic physician when one’s license has been suspended or revoked, or when one’s license is on inactive status.

         45.2(26) Permitting another person to use the licensee’s license for any purposes.

         45.2(27) Permitting an unlicensed employee or person under the licensee’s control to perform activities requiring a license.

         45.2(28) Unethical conduct. In accordance with Iowa Code section 147.55(3), behavior (i.e., acts, knowledge, and practices) which constitutes unethical conduct may include, but need not be limited to, the following:

            a.               Verbally or physically abusing a patient, client or coworker.

            b.               Improper sexual contact with, or making suggestive, lewd, lascivious or improper remarks or advances to a patient, client or coworker.

            c.               Betrayal of a professional confidence.

            d.               Engaging in a professional conflict of interest.

         45.2(29) Failure to comply with universal precautions for preventing transmission of infectious diseases as issued by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

         45.2(30) Violation of the terms of an initial agreement with the impaired practitioner review committee or violation of the terms of an impaired practitioner recovery contract with the impaired practitioner review committee.

         45.2(31) Unprofessional conduct or behavior. A chiropractor shall not exhibit unprofessional behavior in connection with the practice of chiropractic. Unprofessional behavior shall include, but not be limited to, the following acts: verbal abuse, coercion, intimidation, harassment, sexual advances, threats, degradation of character, indecent or obscene conduct, requesting patient records without a medical justification, and theft.

[ARC 8625B, IAB 3/24/10, effective 4/28/10; ARC 9109B, IAB 10/6/10, effective 11/10/10; ARC 9862B, IAB 11/16/11, effective 12/21/11; ARC 2202C, IAB 10/14/15, effective 11/18/15]