Vermont Statutes Title 26 Sec. 541
Terms Used In Vermont Statutes Title 26 Sec. 541
- Board: means the Board of Chiropractic created under section 527 of this title. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- practice of chiropractic: means the diagnosis of human ailments and diseases related to subluxations, joint dysfunctions, and neuromuscular and skeletal disorders for the purpose of their detection, correction, or referral in order to restore and maintain health, including pain relief, without providing drugs or performing surgery; the use of physical and clinical examinations, conventional radiologic procedures and interpretation, as well as the use of diagnostic imaging read and interpreted by a person so licensed and clinical laboratory procedures to determine the propriety of a regimen of chiropractic care; adjunctive therapies approved by the Board, by rule, to be used in conjunction with chiropractic treatment; and treatment by adjustment or manipulation of the spine or other joints and connected neuromusculoskeletal tissues and bodily articulations. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Subpoena: A command to a witness to appear and give testimony.
§ 541. Disciplinary proceedings; unprofessional conduct
Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a:
(1) Advertising or making a representation relating to chiropractic that is intended or has a tendency to deceive the public, including advertising by a licensee that 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 that have not been authorized by the patient or his or her legal representative.
(7) Performing any procedure or prescribing any therapy that, 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 that 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) [Repealed.]
(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. (Added 1991, No. 236 (Adj. Sess.), § 1; amended 1997, No. 145 (Adj. Sess.), § 34; 1999, No. 52, § 9; 1999, No. 133 (Adj. Sess.), § 10; 2011, No. 116 (Adj. Sess.), § 11.)