Current through Register Vol. 54, No. 25, June 22, 2024
Section 18.911 - Code of Ethics(a) Naturopathic doctors shall concern themselves primarily with the welfare of the patient.(b) A naturopathic doctor who suffers from a physical, mental or emotional impairment, including substance abuse, that impacts the individual's ability to practice naturopathic medicine or to provide naturopathic services with reasonable skill and safety to patients shall seek professional treatment and refrain from the practice of naturopathic medicine until the impairment no longer exists or reasonable accommodations can be made.(c) A naturopathic doctor shall: (1) Respect and maintain the privacy and confidentiality of the patient.(2) Disclose the patient's records or information about the patient only with the patient's consent or as required by law.(3) Safeguard patient protected health information, including storage and disposal of records.(4) Provide sufficient information to a patient to allow the patient to make an informed decision regarding care, including: (i) The purpose and nature of a naturopathic evaluation or naturopathic service regimen.(ii) Alternatives to naturopathic care.(iii) Side effects and benefits of a proposed naturopathic service regimen.(iv) The estimated cost of naturopathic services.(v) The right of the patient to withdraw from naturopathic services.(5) Maintain professional boundaries, even when the patient initiates crossing the boundaries of the professional relationship.(6) Decline to administer a naturopathic service if the naturopathic doctor believes that the service is contraindicated or unjustified.(7) Make referrals only to registered naturopathic doctors or other qualified and duly licensed health care providers.(8) Inform the patient, other health care professionals and the public of the limitations of naturopathic medicine.(9) Assess the patient to determine if contraindications against naturopathic service exist and refer the patient to an appropriate health care practitioner.(10) At all times respect the patient's dignity, autonomy and privacy.(11) Cooperate with any lawful investigation conducted by the Board, including: (i) Furnishing information requested as directed by the Board.(ii) Complying with a subpoena.(iii) Responding to a complaint at the request of the Board.(iv) Providing access to relevant patient records.(12) Report to the Board misconduct committed by a naturopathic doctor in the practice of naturopathic medicine or in the provision of naturopathic services.(d) A naturopathic doctor may not: (1) Misrepresent credentials, qualifications or affiliations, and shall attempt to correct others who misrepresent the naturopathic doctor's credentials, qualifications or affiliations.(2) Knowingly engage in or condone behavior that is fraudulent, dishonest or deceitful.(3) Engage in a marketing activity which conflicts with subsection (c).(4) Perform naturopathic medicine on or provide a naturopathic service to a patient if a contraindication against naturopathic service exists.(5) Intimidate, threaten, influence or attempt to influence any person regarding any violation of law or regulation.(6) Aid or abet any individual violating or attempting to violate any provision of law or regulation.(7) Accept a patient for a naturopathic service, or continue unnecessary service, when the patient cannot be reasonably expected to benefit from the service.(8) Receive remuneration from, or provide remuneration to, or split a fee, for either making or accepting a referral of the patient to or from another health care provider.(9) Make a guarantee or promise about the efficacy of the naturopathic doctor's practice, particular naturopathic service or the anticipated results of care.(10) Exploit the professional relationship by either of the following:(i) Continuing naturopathic service unnecessarily.(ii) Charging for a naturopathic service not provided or different from what was actually provided.(11) Exploit a relationship with a patient, staff member or student for the naturopathic doctor's personal advantage including, but not limited to, a personal, sexual, romantic or financial relationship.(12) Engage in sexual misconduct.(13) Provide or perform a naturopathic service at a level beneath the accepted standard of care for a naturopathic doctor which would be normally exercised by the average professional of the same kind in this commonwealth under the circumstances, including locality and whether the naturopathic doctor is or purports to be a specialist in the area. (e) A naturopathic doctor may not perform or provide naturopathic service that the naturopathic doctor is not qualified to perform, or which is beyond the naturopathic doctor's education and training.(f) A naturopathic doctor may not assert as a defense to a disciplinary action under section 204 of the NDRA (63 P.S. § 272.204) or § 18.913 (relating to grounds for discipline), the absence of a specific ethical, legal or professional duty in this subsection when the duty is normally exercised by the average professional of the same kind in this Commonwealth under the circumstances, including locality and whether the naturopathic doctor is or purports to be a specialist in the area.Adopted by Pennsylvania Bulletin, Vol 54, No. 20. May 18, 2024, effective 5/18/2024