Section 1295.80  Unprofessional Conduct

Pursuant to Section 110 of the Act, unprofessional conduct in the practice of naprapathy shall include but not be limited to:

a)         The promotion of the sale of services, goods, appliances or drugs in such manner as to exploit the patient or client for the financial gain of the practitioner or of a third party.

b)         Directly or indirectly offering, giving, soliciting or receiving, or agreeing to receive any fee or other consideration to or from a third party for the referral of a patient or client.

c)         Revealing of personally identifiable facts, data or information about a patient or client obtained in a professional capacity without the prior consent of the patient or client, except as authorized or required by law.

d)         Practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities that the licensee knows or has reason to know that he or she is not competent to perform.

e)         Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that the person to whom the responsibilities were delegated is not qualified by training, experience or licensure to perform them.

f)         Overutilizing services by providing excessive evaluation or treatment procedures not warranted by the condition of the patient or by continuing treatment beyond the point of possible benefit.

g)         Making gross or deliberate misrepresentations or misleading claims as to professional qualifications or of the efficacy or value of the treatments or remedies given or recommended, or those of another practitioner.

h)         Gross and willful and continued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered.

i)          Failing to maintain for at least 3 years a record for each patient that accurately reflects  the evaluation and treatment of the patient.

j)          Advertising or soliciting for patronage in a manner that is fraudulent or misleading.  Examples of advertising or soliciting that are considered fraudulent or misleading shall include, but not be limited to:  advertising that contains false, fraudulent, deceptive or misleading materials, warranties or guarantees of success, statements that play upon vanities or fears of the public or statements that promote or produce unfair competition.

(Source:  Added at 27 Ill. Reg. 7803, effective April 21, 2003)