Unprofessional Conduct Defined -
Board of Medical Practice
**UPDATE TO THE LAW REGARDING UNPROFESSIONAL CONDUCT**
Unprofessional
Conduct Definition Updated
Most licensees are probably aware that the General Assembly was considering a bill that would amend many sections of the statutes that establish the Board of Medical Practice and define its work. That bill, known as H. 369, was passed by the General Assembly during the last week of the session, and became law when the Governor signed the bill in early June. The bill is now known as Act 61.
The Board is working on a
summary of the changes. In the meantime, until the summary of all the changes
is posted, we are providing the following summary of changes to 26 V.S.A. §
1354, the section within the chapter on physicians that defines unprofessional
conduct, and that applies to all our licensees. An excerpt from Act 61 showing
the changes to and unofficial version of Section 1354 are provided for your review. Notable changes to the
definition of unprofessional conduct are:
· Rewording of the subsection
regarding fraud in procuring a license to more clearly include fraud when
applying for renewal.
· Rewording of the subsection on
substance abuse to include habitual or excessive use or abuse of all substances
that impair a licensee’s ability to practice.
· Adding a requirement for licenses to
report to the Board within 30 days any felony convictions, or misdemeanor
convictions that relate to practice.
· Putting into statute the standard
the Board looked to already as the standard of practice, with regard to a
provider providing a prescription to a patient in response to an electronic
communication (referred to by some as an Internet prescription
rule).
· Adding a subsection making the
failure to provide the Board necessary information a form of unprofessional
conduct. This subsection clarifies that no confidentiality agreement can
relieve a licensee of this obligation.
· Adding a subsection that adds as a
form of unprofessional misconduct disruptive behavior that interferes with care
or that could adversely affect the quality of care rendered to a patient.
· Adding a subsection prohibiting
sexual misconduct that exploits the physician-patient
relationship.
· Putting into statute the Board’s
rule against prescribing or providing controlled substances to oneself or an
immediate family member, as defined by Board rule.
· Adding a subsection that
specifically makes it unprofessional conduct to sign a blank or undated
prescription form.
· Adding a subsection that makes it
unprofessional conduct for a physician to use a PA in a manner inconsistent with
Chapter 31 of Title 26 (the PA statutes).