Chir 6.01Chir 6.01Authority. The rules in this chapter are adopted under the authority in ss. 15.08 (5) (b), 227.11, and 446.04, Stats.
Chir 6.01 HistoryHistory: Cr. Register, December, 1984, No. 348, eff. 1-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1990, No. 411; CR 19-129: am. Register May 2020 No. 773, eff. 6-1-20.
Chir 6.015Chir 6.015Definitions. In this chapter:
Chir 6.015(1)(1)“Advertisement” means a communication disseminated or intended to be disseminated in any public medium that is likely to or intended to induce, directly or indirectly, the rendering of professional services by the chiropractor named in or identified by the communication.
Chir 6.015(2)(2) “Co-payment or deductible provision” means any term in a contract of insurance with a third party whereby the patient remains financially obligated to the chiropractor for payment.
Chir 6.015(3)(3) “Patient” means an individual with whom a chiropractor has an established chiropractor-patient relationship or who, based on the actions of the chiropractor, has a reasonable belief that an established chiropractor-patient relationship exists.
Chir 6.015 HistoryHistory: Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 19-129: am. (1), cr. (2), (3) Register May 2020 No. 773, eff. 6-1-20.
Chir 6.02Chir 6.02Unprofessional conduct. Unprofessional conduct by a chiropractor includes all of the following:
Chir 6.02(1)(1)Engaging in any practice which constitutes a substantial danger to the health, welfare, or safety of a patient or the public.
Chir 6.02(2)(2)Practicing or attempting to practice when unable to do so with reasonable skill and safety to patients.
Chir 6.02(3)(3)Practicing in a manner which substantially departs from the standard of care ordinarily exercised by a chiropractor.
Chir 6.02(4)(4)Practicing or attempting to practice beyond the scope of a license issued by the board, including acts prohibited under s. Chir 4.05.
Chir 6.02(5)(5)Practicing or attempting to practice while the ability to perform is impaired by a physical, mental, or emotional disorder, or by drugs or alcohol.
Chir 6.02(6)(6)Performing professional services inconsistent with training, education, or experience.
Chir 6.02(7)(7)Engaging in sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a patient.
Chir 6.02(8)(8)Engaging in excessive evaluation or treatment of a patient.
Chir 6.02(9)(9)Failing to conduct a competent assessment, evaluation, or diagnosis as a basis for treatment or consultation.
Chir 6.02(10)(10)Revealing confidential patient information without the consent of the patient or person authorized by the patient to provide consent, except that information shall be revealed to the board or its representatives pursuant to investigation of a licensee or as otherwise authorized by law.
Chir 6.02(11)(11)Refusing to render services to a person because of race, color, sex, or religion.
Chir 6.02(12)(12)Knowingly falsifying patient records.
Chir 6.02(13)(13)Impersonating another chiropractor.
Chir 6.02(14)(14)Obtaining or attempting to obtain any compensation for chiropractic services by fraud, including billing for services not rendered or submitting a claim for a fraudulent diagnosis.
Chir 6.02 NoteNote: The use by a licensee of “no out-of-pocket expense” payment arrangements may constitute insurance fraud, and may therefore violate this subsection as well as s. 943.395, Stats.
Chir 6.02(15)(15)Advertising in a manner which is false, deceptive, or misleading. An advertisement that does any of the following is false, deceptive, or misleading:
Chir 6.02(15)(a)(a) Contains a misrepresentation of fact.
Chir 6.02(15)(b)(b) Is likely to mislead or deceive because of a failure to disclose material facts.
Chir 6.02(15)(c)(c) Is intended to or is likely to create false or unjustified expectations of favorable results.
Chir 6.02(15)(d)(d) Fails to prominently disclose complete details of all variables and material factors relating to any advertised fee.
Chir 6.02(15)(e)(e) Contains any representation or implication that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.