Section 2. Chir 6.015 (title) and (1) are amended to read:
Chir 6.015 (title) Definition Definitions.
(1) “Advertisement" means any a communication disseminated or intended to be disseminated to the in any public which medium that is likely to or intended to induce, directly or indirectly, the rendering of professional services by the chiropractor named in or identified by the communication. “Advertisement" includes professional business cards, professional announcement cards, office signs, letterhead, telephone directory listings, directories or listings of health care practitioners, and communications which are likely to or intended to induce, directly or indirectly, the rendering of professional services by the chiropractor named in or identified by the communication in newspapers, broadsides, flyers, radio, television, books, magazines, or motion pictures.
Section 3. Chir 6.015 (2) and (3) are created to read:
Chir 6.015 (2) “Co-payment or deductible provision" means any term in a contract of insurance with a third party whereby the patient remains financially obligated to the chiropractor for payment.
(3) “Patient” means an individual with whom a chiropractor has an established chiropractor-patient relationship or who, based on the actions of the chiropractor, has a reasonable belief that an established chiropractor-patient relationship exists.
Section 4. Chir 6.02 (intro.), (1), (4), (5), (6), (9), (10), (11), (15) (intro.), (f) (intro.) and 1. to 3., and (g) (intro.) and 1. to 3. are amended to read:
Chir 6.02 (intro.) Unprofessional conduct. Unprofessional conduct by a chiropractor includes all of the following:
(1) Engaging in any practice which constitutes a substantial danger to the health, welfare, or safety of a patient or the public.
(4) Practicing or attempting to practice beyond the scope of a license issued by the board, including but not limited to acts prohibited under s. Chir 4.05 (1).
(5) Practicing or attempting to practice while the ability to perform is impaired by a physical, mental, or emotional disorder, or by drugs or alcohol.
(6) Performing professional services inconsistent with training, education, or experience.
(9) Failing to conduct a competent assessment, evaluation, or diagnosis as a basis for treatment or consultation.
(10) Revealing confidential patient information without the consent of a the patient or person authorized by the patient to provide consent, except that information shall be revealed to the board or its representatives pursuant to investigation of a licensee or as otherwise authorized by law.
(11) Refusing to render services to a person because of race, color, sex, or religion.
(15) (intro.) Advertising in a manner which is false, deceptive, or misleading. An advertisement which that does any of the following is false, deceptive, or misleading:
(f) (intro.) Includes reference to or implies specialization or advanced training or certification in an area of specialty other than nutritional counseling, unless the chiropractor has a postgraduate degree in the area of specialty conferred by an institution accredited by either the Council on Chiropractic Education or an accrediting agency recognized by the United States department of education, or unless all of the following are true apply to the chiropractor’s specialty:
1. The specialty is recognized by a council of the American chiropractic association Chiropractic Association or the international chiropractors association International Chiropractors Association.
2. The specialty requires at least 300 hours of postgraduate credit hours and passage of a written examination approved by the American chiropractic association Chiropractic Association or the international chiropractors association International Chiropractors Association.
3. The title applied to the specialty by the chiropractor is the title applied by the American chiropractic association Chiropractic Association or the international chiropractors association International Chiropractors Association.
(g) (intro.) Includes reference to or implies advanced training or certification in an area of advanced training other than nutritional counseling, unless the chiropractor has a postgraduate degree in the area of advanced training conferred by an institution accredited by either the Council on Chiropractic Education or an accrediting agency recognized by the United States department of education, or unless the chiropractor has successfully completed a postgraduate training program meeting all of the following are true requirements:
1. The postgraduate training was received in program is one, unified program approved by the American chiropractic association Chiropractic Association or the international chiropractors association International Chiropractors Association, or through one, unified program at a college accredited by the council Council on chiropractic education Chiropractic Education and approved by the board.
2. The chiropractor has completed program consists of at least 100 hours of postgraduate training in the area in which the chiropractor claims advanced training.
3. The postgraduate training program includes requires successful completion of a written examination as a requirement for successful completion of the training program.
Section 5. Chir 6.02 (15) (gm) is created to read:
Chir 6.02 (15) (gm) Includes reference to or implies specialization, advanced training, or certification in nutritional counseling, unless the chiropractor is certified under ch. Chir 12. Section 6. Chir 6.02 (15) (h), (16), (18), (19), (21), (22), (26), (27), (29), and (30) are amended to read:
(h) Appears in any classified directory, listing, or other compendium under a heading, which that, when considered together with the advertisement, has the capacity or tendency to be deceptive or misleading with regard to the profession or professional status of the chiropractor.
(16) Aiding, or abetting, or permitting unlicensed persons in the practice of chiropractic.
(18) Obtaining or attempting to obtain a license through fraud or misrepresentation, or making any material misstatement, omission, or falsification in connection with an application for a license, registration, or renewal.
(19) Refusing upon request to cooperate in a timely manner with the board's investigation of a complaint lodged against a licensee. Licensees taking longer than 30 days to respond to a request from the board or its representative shall have the burden of demonstrating that they have acted in a timely manner.
(21) Failing to notify the board of having a chiropractic license, certificate, permit, or registration granted by any other jurisdiction subject to disciplinary action.
(22) Having a license, certificate, permit, or registration granted by another jurisdiction to practice as a chiropractor limited, suspended, or revoked, or subject to any other disciplinary action.
(26) Violating a law, or aiding or abetting the violation of, any law substantially related to the practice of chiropractic.
(27) Failing to maintain patient records for a minimum period of 7 years after the last treatment or after the patient reaches the age of majority, whichever is greater longer.
(29) Negating the co-payment or deductible provisions of a contract of insurance by agreeing to forgive any or all of the patient's obligation for payment under the contract, unless the chiropractor reduces the chiropractor's claim to the insurance carrier in regard to that patient by an equal proportion. In this section, “co-payment or deductible provisions" means any terms in a contract of insurance with a third party whereby the patient remains financially obligated to the chiropractor for payment.
(30) Giving or receiving unauthorized assistance, violating rules of conduct, or otherwise cheating or acting dishonestly respecting with regard to any examination required for the granting of a license or registration to practice chiropractic.
Section 7. Chir 6.03 (1) and (3) are amended to read:
Chir 6.03 (1) A chiropractor shall evaluate each presenting patient to determine whether the patient presents a condition exists that is treatable through chiropractic means. An evaluation shall be based upon an examination appropriate to the presenting patient. In conducting an evaluation, a chiropractor shall utilize chiropractic science, as described defined in s. Chir 4.02 (1), and the principles of education and training of the chiropractic profession.
(3) If an evaluation indicates a condition which that is not treatable through chiropractic means, the chiropractor shall inform the patient that the condition is not treatable through chiropractic means and recommend that the patient seek additional advice or care.
Section 8. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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Dated _________________ Agency __________________________________
Chairperson
Chiropractic Examining Board
