La. Admin. Code tit. 46 § XXVII-502

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXVII-502 - Code of Ethics

A. Preamble. This code of ethics sets forth principles for the ethical practice of chiropractic. All chiropractic physicians are responsible for maintaining and promoting an ethical practice and otherwise complying with the terms of this code of ethics. To this end, the chiropractic physician shall act in the best interest of the patient. This code of ethics shall be binding on all chiropractic physicians.

B. Duty to Report. It shall be the duty of every licensee to notify the board of any violation of law or board rules.

1. Reporting of certain judgments to the board.

a. The following must be reported to the board within 30 days:

i. if a judgment is entered against a licensee in any court;

ii. a settlement is reached on a claim involving malpractice exceeding $50,000;

iii. a licensee is convicted of a felony or a crime involving dishonesty, theft, violence, habitual use of drugs or alcohol, or sexual misconduct;

iv. the licensee may satisfy the provision of this subsection if he/she provides the board with a copy of the judgment or settlement.

C. Prohibition Against Sexual Contact, Impropriety and Misconduct

1. The physician and patient relationship is of a fiduciary nature in which the patient entrusts his/her welfare to the physician, and reflects the physician's respect for the patient. That boundary, once crossed, severely impacts the patient's wellbeing on an individual basis and causes distrust to other professional relationships in general. Sexual misconduct is a harmful example of a boundary violation, occurring in multiple contexts and involving a wide range of behaviors. The physician and patient relationship requires the doctor of chiropractic to exercise the utmost care that he or she will do nothing to exploit the trust and dependency of the patient.

2. Definitions

Sexual Contact- may include, but is not limited to the following:

i. genital to genital contact;

ii. oral to genital contact;

iii. anal to genital contact;

iv. kissing;

v. touching breasts, genitals, or other body parts without clinical justification;

vi. encouraging patient to masturbate in presence of chiropractor;

vii. chiropractor masturbating in the presence of a patient;

viii. offering clinical services in exchange for sexual favors.

Sexual Impropriety- may include, but is not limited to, sexually suggestive behavior, gestures, expressions, statements, and it may include failing to respect a patient's privacy such as in the following examples:

i. failing to employ disrobing or draping practices with respect to the patient's privacy;

ii. examination or touching a patient's genital region without donning gloves and having another professional staff present during the examination;

iii. inappropriate comments to a patient about the patient's body, sexual orientation, or potential sexual performance during the examination;

iv. soliciting a date or romantic relationship;

v. performing an intimate examination without clinical justification;

vi. requesting personal information from the patient which is not clinically necessary.

Sexual-Misconduct- includes sexual impropriety towards a patient, sexual contact towards a patient, sexual harassment in the workplace, facilitating a hostile work environment, sexual conduct between supervisors and subordinates, and commission of sexual assault and other sexual crimes.

3. A patient's or staff's consent to, initiation of or participation in sexual behavior or involvement with a licensee does not change the nature of the conduct nor lift the prohibition.

4. This rule shall not apply between a chiropractor and their spouse.

La. Admin. Code tit. 46, § XXVII-502

Promulgated by the Department of Health and Human Resources, Board of Chiropractic Examiners, LR 37:3513 (December 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2804.