HI Chiro Juris flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- HRS Chapter 442
- The Hawaii statute that establishes chiropractic licensure, scope of practice, and the Board of Chiropractic Examiners. It authorizes discipline and defines unprofessional conduct.
- HAR Title 16 Chapter 71
- The administrative rules adopted by the Hawaii Board of Chiropractic Examiners. They detail licensure procedures, continuing education, recordkeeping, and disciplinary hearings.
- Board composition
- Five members appointed by the Governor: three licensed chiropractors and two public members. Members serve four-year terms, limited to two consecutive terms.
- Biennial renewal
- Hawaii chiropractic licenses renew every two years on a schedule set by the DCCA. Practicing after expiration without renewal is unlicensed practice.
- Continuing education requirement
- Twenty-four hours per two-year cycle, including at least two hours in ethics and two hours in Hawaii jurisprudence. Courses must be Board-approved or from recognized providers.
- Grounds for discipline
- HRS §442-9 lists fraud, gross negligence, incompetence, substance abuse, and rule violations. Penalties include reprimand, probation, suspension, revocation, and fines.
- Unlicensed practice penalty
- Practicing chiropractic without a license is a misdemeanor and may result in a cease-and-desist order and administrative fines imposed by the Board.
- Address change reporting
- Licensees must notify the DCCA of a change of address within 30 days. Failure can cause missed notices and default disciplinary action.
- Chiropractic scope
- Diagnosis and treatment of human ailments by spinal adjustment and articulation, including physiotherapy modalities and nutritional counseling. Surgery and legend drugs are excluded.
- Licensure examination requirements
- Graduation from a CCE-accredited college, passage of NBCE Parts I-IV plus the physiotherapy exam, a jurisprudence exam, and good moral character.
- Temporary license
- May be issued at Board discretion to an out-of-state chiropractor in Hawaii for a limited educational or charitable purpose. It is not a general practice license.
- License display
- The license must be conspicuously displayed at the primary practice location. A wallet-sized copy should be carried when practicing at multiple sites.
- Recordkeeping CE
- Recent rule updates require at least two hours of continuing education in recordkeeping and two hours in informed consent per renewal cycle.
- Unprofessional conduct
- Includes practicing while impaired, failing to refer when indicated, and aiding unlicensed practice. Each is a basis for Board discipline.
- Imaging authority
- Chiropractors may order and interpret X-rays and other imaging necessary for diagnosis. They may not perform surgery or prescribe legend drugs.
- Acupuncture restriction
- A chiropractor may not perform acupuncture without separate certification. Practicing beyond the chiropractic scope is unprofessional conduct.
- Complaint intake
- Complaints are filed with the DCCA Regulated Industries Complaints Office (RICO), which investigates and may issue a citation or forward the matter to the Board.
- Due process hearing
- The licensee receives notice of charges and a hearing before the Board, may be represented by counsel, present evidence, and cross-examine witnesses.
- Interim suspension
- The Board may suspend a license without a prior hearing if there is immediate danger to public health, safety, or welfare, followed by a prompt post-suspension hearing.
- Mandatory reporting
- Licensees must report to the Board any known violation of chiropractic statutes or rules by another licensee, including impairment or sexual misconduct.
- Sexual misconduct
- Sexual contact with a patient is expressly prohibited and grounds for permanent revocation. Patient consent is not a defense.
- Patient abandonment
- Terminating the provider-patient relationship without written notice, an opportunity to obtain records, and referral if needed constitutes abandonment and is disciplinary grounds.
- National Practitioner Data Bank
- Disciplinary sanctions are reported to the NPDB and may be considered by other states in licensure decisions.
- Fines per violation
- HRS §442-9 authorizes the Board to impose fines up to $1,000 per violation, in addition to license suspension or revocation.
- Record retention period
- Patient records must be kept at least seven years from the last treatment, or until age 25 if the patient was a minor.
- Required record contents
- Records must include patient identification, chief complaint, history, examination findings, diagnosis, treatment plan, informed consent documentation, and progress notes for each visit.
- Informed consent elements
- Written consent must describe the condition, proposed treatment, risks and benefits, alternatives, and the right to refuse. It must be documented before care begins.
- Patient record access
- Patients may access and obtain copies of their records. A reasonable copying fee may be charged, and records must be provided within 30 days of a written request.
- Confidentiality exceptions
- Patient information may not be disclosed without written authorization except as required by law, such as mandatory child abuse reporting or a court order.
- Patient rights notice
- A chiropractor must post a conspicuous notice of patient rights, including the right to file a complaint with the DCCA.
- Record custody on closure
- When closing or relocating a practice, the chiropractor must notify patients how to obtain their records and arrange for record custody.
- Billing accuracy
- Billing records must accurately reflect services rendered. Upcoding and billing for services not performed are fraudulent and grounds for discipline.