Chapter Nat Med 5

Chapter Nat Med 5

CODE OF ETHICS AND UNPROFESSIONAL CONDUCT

Nat Med 5.01   Adoption of standards.

Nat Med 5.02   Unprofessional conduct.

Nat Med 5.03   Discipline and penalties.

Nat Med 5.01 Nat Med 5.01 Adoption of standards. The American Association of Naturopathic Physicians code of ethics, as approved in August 2012, is incorporated by reference into this chapter.

Nat Med 5.01 Note Note: A copy of the above standards is on file in the office of the legislative reference bureau.

Nat Med 5.01 History History: CR 23-074: cr. Register August 2024 No. 824, eff. 9-1-24.

Nat Med 5.02 Nat Med 5.02 Unprofessional conduct. Unprofessional conduct includes any violation of the code of ethics adopted under s. Nat Med 5.01 or any of the following, or aiding or abetting the same:

Nat Med 5.02(1) (1) Dishonesty and character.

Nat Med 5.02(1)(a) (a) Violating or attempting to violate any provision or term of ch. 466, Stats., or of any valid rule of the board.

Nat Med 5.02(1)(b) (b) Violating or attempting to violate any term, provision, or condition of any order of the board.

Nat Med 5.02(1)(c) (c) Knowingly engaging in fraud or misrepresentation or dishonesty in applying for or procuring a license, or in connection with applying for or procuring periodic renewal of a license, or in otherwise maintaining such licensure.

Nat Med 5.02(1)(d) (d) Knowingly giving false, fraudulent, or deceptive testimony while serving as an expert witness.

Nat Med 5.02(1)(e) (e) Employing illegal or unethical business practices.

Nat Med 5.02(1)(f) (f) Knowingly, negligently, or recklessly making any false statement, written or oral, which creates an unacceptable risk of harm to a patient, the public, or both.

Nat Med 5.02(1)(g) (g) Engaging in any act of fraud, deceit, or misrepresentation, including acts of omission to the board or any person acting on the board’s behalf.

Nat Med 5.02(1)(h) (h) Obtaining any fee by fraud, deceit, or misrepresentation.

Nat Med 5.02(1)(i) (i) Directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, unless allowed by law. This prohibition does not preclude the legal functioning of lawful professional partnerships, corporations, or associations.

Nat Med 5.02(1)(j) (j) Engaging in uninvited in-person solicitation of actual or potential patients who, because of their circumstances, may be vulnerable to undue influence.

Nat Med 5.02(1)(k) (k) Engaging in false, misleading, or deceptive advertising.

Nat Med 5.02(1)(L) (L) Offering, undertaking, or agreeing to treat or cure a disease or condition by a secret means, method, device, or instrumentality; or refusing to divulge to the board upon demand the means, method, device, or instrumentality used in the treatment of a disease or condition.

Nat Med 5.02(1)(m) (m) Refusing to render services to a person because of race, color, sex, religion, national origin, age, or disability. 

Nat Med 5.02(2) (2) Direct patient care violations.

Nat Med 5.02(2)(a) (a) Practicing or attempting to practice under any license when unable to do so with reasonable skill and safety. A certified copy of an order issued by a court of competent jurisdiction finding that a person is mentally incompetent is conclusive evidence that the licensee was, for any period covered by the order, unable to practice with reasonable skill and safety.

Nat Med 5.02(2)(b) (b) Departing from or failing to conform to the standard of minimally competent practice which creates an unacceptable risk of harm to a patient or the public whether or not the act or omission resulted in actual harm to any person.

Nat Med 5.02(2)(c) (c) Prescribing, ordering, dispensing, administering, supplying, selling, giving, or obtaining any prescription medication in any manner that is inconsistent with the standard of minimal competence.

Nat Med 5.02(2)(d) (d) Performing professional services inconsistent with training, education, or experience.

Nat Med 5.02(2)(e) (e) Engaging in sexually explicit conduct, sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a patient, a patient’s immediate family, or a person responsible for the patient’s welfare.

Nat Med 5.02(2)(e)1. 1. Sexual motivation may be determined from the totality of the circumstances and shall be presumed when the licensee has contact with a patient’s intimate parts without legitimate medical justification for doing so.

Nat Med 5.02(2)(e)2. 2. For the purpose of this paragraph, an adult receiving treatment shall be considered a patient for 2 years after the termination of professional services.

Nat Med 5.02(2)(e)3. 3. If the person receiving treatment is a child, the person shall be considered a patient for the purposes of this paragraph for 2 years after termination of professional services or for 2 years after the patient reaches the age of majority, whichever is longer.

Nat Med 5.02(2)(f) (f) Engaging in any sexual conduct with or in the presence of a patient or former patient who lacks the ability to consent for any reason, including medication or psychological or cognitive disability.

Nat Med 5.02(2)(g) (g) Engaging in repeated or significant disruptive behavior or interaction with hospital personnel, patients, family members, or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered.

Nat Med 5.02(2)(h) (h) Knowingly, recklessly, or negligently divulging privileged communication or other confidential patient health care information except as required or permitted by state or federal law.

Nat Med 5.02(2)(i) (i) Performing services without required informed consent under s. Nat Med 2.01.

Nat Med 5.02(2)(j) (j) Aiding or abetting the practice of an unlicensed, incompetent, or impaired person or allowing another person or organization to use one’s license to practice.

Nat Med 5.02(2)(k) (k) Appropriating the identity of another person holding a license issued by this or another board.

Nat Med 5.02(2)(L) (L) Withdrawing from a doctor-patient relationship unilaterally and without reasonable justification by discontinuing a patient’s treatment regimen when further treatment is medically indicated and any of the following occur:

Nat Med 5.02(2)(L)1. 1. The licensee fails to give the patient at least 30 days notice in advance of the date on which the licensee’s withdrawal becomes effective.

Nat Med 5.02(2)(L)2. 2. The licensee fails to allow for patient access to or transfer of the patient’s health record as required by law.

Nat Med 5.02(2)(L)3. 3. The licensee fails to provide for continuity of care during the period between the notice of intent to withdraw from the doctor-patient relationship and the date on which the doctor-patient relationship ends.

Nat Med 5.02(3) (3) Law violations, adverse action, and required reports to the board.

Nat Med 5.02(3)(a) (a) Failing to report within 30 days to the board any final adverse action taken against the licensee’s authority to practice by another licensing jurisdiction.

Nat Med 5.02(3)(b) (b) Failing to comply with state and federal laws regarding access to patient health care records.

Nat Med 5.02(3)(d) (d) Failing to establish and maintain patient health care records consistent with the requirements of s. Nat Med 2.02 or as otherwise required by law.

Nat Med 5.02(3)(e) (e) After a request by the board, failing to cooperate in a timely manner with the board’s investigation of a complaint filed against a licensee. There is a rebuttable presumption that a licensee who takes longer than 30 days to respond to a request of the board has not acted in a timely manner.

Nat Med 5.02(3)(f) (f) Having a license, certificate, permit, or registration granted by another state to practice naturopathic medicine limited, suspended, or revoked, or subject to any other disciplinary action. 

Nat Med 5.02 History History: CR 23-074: cr. Register August 2024 No. 824, eff. 9-1-24; correction in (2) (e) 2., 3. made under s. 35.17, Stats., Register August 2024 No. 824.

Nat Med 5.03 Nat Med 5.03 Discipline and penalties.

Nat Med 5.03(1) (1) The board may conduct investigations and hearings to determine whether a licensee has violated this chapter or has violated any state or federal law or any other jurisdiction that substantially relates to the practice of naturopathic medicine.

Nat Med 5.03(2) (2) The board may reprimand a licensee or deny, limit, suspend, or revoke a license if the licensee is found to have violated this chapter, ch. 466, Stats., or any other state or federal law.

Nat Med 5.03(3) (3) The penalty for violations of this chapter or any other related law is specified under s. 466.09, Stats.

Nat Med 5.03 History History: CR 23-074: cr. Register August 2024 No. 824, eff. 9-1-24.