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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 26 : Professions and Occupations

Chapter 033 : OSTEOPATHY

Subchapter 004 : DENIALS; UNPROFESSIONAL CONDUCT AND DISCIPLINE

(Cite as: 26 V.S.A. § 1842)
  • § 1842. Unprofessional conduct

    (a) A person licensed under this chapter shall not engage in unprofessional conduct. If such conduct is committed by an applicant it shall be grounds for denial of a license.

    (b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:

    (1) Inability to practice osteopathic medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.

    (2) Misrepresentation or concealment of a material fact in the obtaining of a license to practice osteopathic medicine, or renewal or reinstatement of a license.

    (3) Suspension or revocation of the physician's license to practice osteopathic medicine and surgery by competent authority in any state, federal, or foreign jurisdiction.

    (4) Willful disregard of the subpoena or notice of the Board.

    (5) Failure to keep written medical records justifying the course of treatment of the patient, including patient histories, examination results, and test results.

    (6) Exploitation of a patient for financial, personal, or professional gain.

    (7) Performing professional services that have not been authorized by the patient or his or her legal representative.

    (8) Performing any procedure or prescribing any therapy that, by the prevailing standards of medical practice in the community, would constitute experimentation of a human subject, without first obtaining full, informed, and written consent.

    (9) Delegating professional responsibilities to a person who the licensee knows or has reason to know is not qualified by training, experience, or licensure to perform them.

    (10) Agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board.

    (11) Use of the services of an anesthesiologist assistant in a manner that is inconsistent with the provisions of chapter 29 of this title.

    (12) Use of the services of a radiologist assistant in a manner that is inconsistent with the provisions of chapter 52 of this title.

    (13) Use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age. (Added 1989, No. 253 (Adj. Sess.), § 15; amended 1997, No. 145 (Adj. Sess.), § 42; 2003, No. 34, § 2, eff. May 23, 2003; 2009, No. 103 (Adj. Sess.), § 19b, eff. May 12, 2010; 2015, No. 138 (Adj. Sess.), § 4.)