Idaho Admin. Code r. 24.33.03.150 - ADDITIONAL GROUNDS FOR SUSPENSION, REVOCATION, DISCIPLINARY SANCTIONS OR DENIAL OR RESTRICTION OF A LICENSE

01. Discipline. In addition to the grounds for discipline set forth in Idaho Code, every person licensed or permitted by the Board is subject to discipline upon any of the following grounds: (3-31-22)

02. Unethical Advertising. Advertising the licensee or permittee's practice in any unethical or unprofessional manner, including but not limited to: (3-31-22)

a. Using advertising or representations likely to deceive, defraud or harm the public. (3-31-22)

b. Making a false or misleading statement regarding the licensee or permittee's skill or the efficacy or value of the treatment, remedy, or service offered, performed, or prescribed by the licensee or permittee. (3-31-22)

03. Standard of Care. Providing health care that fails to meet the standard of health care provided by other qualified licensees or permittees of the same profession, in the same community or similar communities, including but not limited to: (3-31-22)

a. Being found mentally incompetent or insane by any court of competent jurisdiction. (3-31-22)

b. Engaging in practice or behavior that demonstrates a manifest incapacity or incompetence to practice his or her profession. (3-31-22)

c. Allowing another person or organization to use his or her license or permit to practice his or her profession. (3-31-22)

d. Prescribing, selling, administering, distributing or giving any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug to himself or herself or to a spouse, child or stepchild. (3-31-22)

e. Using any controlled substance or alcohol to an extent that use impairs the licensee or permittee's ability to practice his or her profession competently. (3-31-22)

f. Violating any state or federal law or regulation relating to controlled substances. (3-31-22)

g. Directly promoting surgical procedures or laboratory tests that are unnecessary and not medically indicated. (3-31-22)

h. Failure to transfer pertinent and necessary medical records to another provider when requested to do so by the subject patient or client or by his or her legally designated representative. (3-31-22)

i. Failing to maintain adequate records. Adequate patient or client records means legible records that contain, at a minimum, subjective information, an evaluation and report of objective findings, assessment or diagnosis, and the plan of care. (3-31-22)

j. Providing care or performing any service outside the licensee or permittee's scope of practice as set forth in Idaho Code, including providing care or performing a service without supervision, if such is required by Idaho Code or Board rule. (3-31-22)

k. Failing to have a supervising or directing physician who is licensed by the Board, if such supervision is required by Idaho Code or Board rule. (3-31-22)

04. Conduct. Engaging in any conduct that constitutes an abuse or exploitation of a patient or client arising out of the trust and confidence placed in the licensee or permittee by the patient or client, including but not limited to: (3-31-22)

a. Obtaining any fee by fraud, deceit or misrepresentation. (3-31-22)

b. Employing abusive billing practices. (3-31-22)

c. Commission of any act of sexual contact, misconduct, exploitation or intercourse with a patient or client or former patient or client or related to the licensee's practice. (3-31-22)

i. Consent of the patient or client shall not be a defense. (3-31-22)

ii. This Section 150 does not apply to sexual contact between a licensee or permittee and the licensee or permittee's spouse or a person in a domestic relationship who is also a patient or client. (3-31-22)

iii. A former patient or client includes a patient or client for whom the licensee or permittee has provided services related to the licensee or permittee's practice, including prescriptions, within the last twelve (12) months; sexual or romantic relationships with former patients or clients beyond that period of time may also be a violation if the licensee or permittee uses or exploits the trust, knowledge, emotions or influence derived from the prior professional relationship with the patient or client. (3-31-22)

d. Accepting any reimbursement for service, beyond actual expenses, while providing services under a volunteer license. (3-31-22)

e. Employing, supervising, directing, aiding or abetting a person not licensed or permitted in this state who directly or indirectly performs activities or provides services requiring a license or permit. (3-31-22)

f. Failing to report to the Board any known act or omission of a Board licensee or permittee that violates any provision of these rules. (3-31-22)

g. Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by use of threats or harassment against any patient or client, Board or Advisory Board or Committee member, Board staff, hearing officer, or witness in an attempt to influence the outcome of a disciplinary proceeding, investigation, or other legal action. (3-31-22)

h. Failing to obey any and all state and local laws and rules related to the licensee or permittee's practice or profession. (3-31-22)

05. Failure to Cooperate. Failing to cooperate with the Board during any investigation or disciplinary proceeding, even if such investigation or disciplinary proceeding does not personally concern the particular licensee. (3-31-22)

Notes

Idaho Admin. Code r. 24.33.03.150