TBCE Adopts Final Amendments to Rule 75.1 Gross Unprofessional Conduct

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Published 02/05/2012 - 6:32 a.m. CDT

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The Texas Board of Chiropractic Examiners REPORTS HERE that it has adopted as a final rule rule 75.1 Grossly Unprofessional Conduct. The new rule states:

(a) Grossly unprofessional conduct when applied to a licensee or chiropractic, facility includes, but is not limited to the following:

(1) maintaining unsanitary or unsafe equipment;

(2) failing to use the word "chiropractor," "Doctor, D.C.," or "Doctor of Chiropractic, D.C." in all advertising medium, including signs and letterheads;

(3) engaging in sexual misconduct with a patient within the chiropractic/patient relationship;

(4) exploiting patients through the fraudulent use of chiropractic services which result or are intended to result in financial gain for a licensee or a third party. The rendering of chiropractic services becomes fraudulent when the services rendered or goods or appliances sold by a chiropractor to a patient are clearly excessive to the justified needs of the patient as determined by accepted standards of the chiropractic profession;

(5) submitting a claim for chiropractic services, goods or appliances to a patient or a third-party payer which contains charges for services not actually rendered or goods or appliances not actually sold;

(6) failing to disclose, upon request by a patient or his or her duly authorized representative, the full amount charged for any service rendered or goods supplied.

(b) Sexual misconduct as used in subsection (a)(3) of this section means:

(1) sexual impropriety, which may include:

(A) any behavior, gestures, statements, or expressions which may reasonably be interpreted as inappropriately seductive, sexually suggestive or sexually demeaning;

(B) inappropriate sexual comments about and to a patient or former patient including sexual comments about an individual's body or sexual comments which demonstrate a lack of respect for the patient's privacy;

(C) requesting unnecessary details of sexual history or sexual likes and dislikes from a patient;

(D) making a request to date a patient;

(E) initiating conversation regarding the sexual problems, preferences, or fantasies of the licensee;

(F) kissing or fondling of a sexual nature; or

(G) any other deliberate or repeated comments, gestures, or physical acts not constituting sexual intimacies but of a sexual nature; or

(2) sexual intimacy, which may include engaging in any conduct by a person or between persons that is intended to cause, is likely to cause, or may be reasonably interpreted to cause to either person stimulation of a sexual nature, such as:

(A) sexual intercourse;

(B) genital contact;

(C) oral to genital contact;

(D) genital to anal contact;

(E) oral to anal contact;

(F) oral to oral contact;

(G) touching breasts;

(H) touching genitals;

(I) encouraging another to masturbate in the presence of the licensee;

(J) masturbation by the licensee when another is present; or

(K) any bodily exposure of normally covered body parts.

(c) It is a defense to a disciplinary action under subsection (a)(3) of this section if the patient was no longer emotionally dependent on the licensee when the sexual impropriety or intimacy began, and the licensee terminated his or her professional relationship with the person more than six months before the date the sexual impropriety or intimacy occurred.

(d) It is not a defense under subsection (a)(3) of this section if the sexual impropriety or intimacy with the patient occurred:

(1) with the consent of the patient;

(2) outside professional treatment sessions; or

(3) off the premises regularly used by the licensee for the professional treatment of patients.

(e) Licensees must respect a patient's dignity at all times and should provide appropriate gowns and/or draping and private facilities for dressing and undressing.

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