§ 90-154. Grounds for professional discipline. - North Carolina Statutes

§ 90‑154.  Grounds forprofessional discipline.

(a)        The Board ofChiropractic Examiners may impose any of the following sanctions, singly or incombination, when it finds that a practitioner or applicant is guilty of anyoffense described in subsection (b):

(1)        Permanently revoke alicense to practice chiropractic;

(2)        Suspend a license topractice chiropractic;

(3)        Refuse to grant alicense;

(4)        Censure apractitioner;

(5)        Issue a letter ofreprimand;

(6)        Place a practitioneron probationary status and require him to report regularly to the Board uponthe matters which are the basis of probation.

(b)        Any one of thefollowing is grounds for disciplinary action by the Board under subsection (a):

(1)        Advertising servicesin a false or misleading manner.

(2)        Conviction of afelony or of a crime involving moral turpitude.

(3)        Addiction to orsevere dependency upon alcohol or any other drug that impairs the ability topractice safely.

(4)        Unethical conduct asdefined in G.S. 90‑154.2.

(5)        Negligence,incompetence, or malpractice in the practice of chiropractic.

(6)        Repealed by SessionLaws 1995, c. 188, s. 1.

(7)        Not renderingacceptable care in the practice of the profession as defined in G.S. 90‑154.3.

(8)        Lewd or immoralconduct toward a patient.

(9)        Committing orattempting to commit fraud, deception, or misrepresentation.

(10)      Offering to waive apatient's obligation to pay any deductible or copayment required by thepatient's insurer.

(11)      Failing to honorpromptly a patient's request for a copy of any claim form submitted to thepatient's insurer.

(12)      Rebating or offeringto rebate to a patient any portion of the funds received from the patient'sinsurer, unless the sum rebated constitutes the refund of an overpayment towhich the patient is lawfully entitled.

(13)      Advertising any freeor reduced rate service without prominently stating in the advertisement theusual fee for that service.

(14)      Charging an insureror other third‑party payor a fee greater than a patient would be chargedfor the same service if the patient were paying directly.

(15)      Charging an insureror other third‑party payor a fee greater than the advertised fee for thesame service.

(16)      Violating theprovisions of G.S. 90‑154.1.

(17)      Physical, mental, oremotional infirmity of such severity as to impair the ability to practicesafely.

(18)      Violating theprovisions of G.S. 90‑151 regarding the extent and limitation of license.

(19)      Concealinginformation from the Board or failing to respond truthfully and completely toan inquiry from the Board concerning any matter affecting licensure.

(20)      Failing to complywith a decision of the Board that is final.

(21)      Committing an act onor after October 1, 2007, which demonstrates a lack of good moral characterwhich would have been a basis for denying a license under G.S. 90‑143(b)(1),had it been committed before application for a license.

(c)        If a licensee isfound guilty in a contested case arising under subsection (b) of this section,the Board may assess the licensee the reasonable cost of the hearing held tomake such a determination if the Board finds that the licensee's defense at thehearing was dilatory or not asserted in good faith. (1917, c. 73, s. 14; C.S., s.6725; 1949, c. 785, s. 3; 1963, c. 646, s. 3; 1981, c. 766, s. 7; 1983 (Reg.Sess., 1984), c. 1067, s. 1; 1985, c. 367, ss. 1, 2; c. 760, ss. 2, 3; 1995, c.188, s. 1; 1999‑430, s. 1; 2007‑525, s. 4.)