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(Operative Language in Italicized Text)
Ch. 126, {22, Acts of 1990
(a) The [state medical] board may impose a sanction if the board finds after a hearing that a licensee
. . .
(A) professional incompetence, gross negligence, or repeated negligent conduct; the board may not base a finding of professional incompetence solely on the basis that a licensee 's practice is unconventional or experimental in the absence of demonstrable physical harm to a patient; [Alaska Stat. {08.64.326(a)(8)(A)]
Ch. 332, {34, Acts of 1991
The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:
. . .
(4) Incompetence, negligence, or malpractice which results in injury to a patient or which creates an unreasonable risk that a patient may be harmed. The use of a nontraditional treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury to a patient or create an unreasonable risk that a patient may be harmed; [Wash. Rev. Code Ann. [18.130.180(4)]
*The Washington statute forms part of the state's Uniform Disciplinary Act which regulates various health occupations in addition to physicians.
Ch. 241, Acts of 1993
(a) The Board [of Medical Examiners] shall have the power to deny, annul, suspend, or revoke a license, or other authority to practice medicine in this State, issued by the Board to any person who has been found by the Board to have committed any of the following acts or conduct, or for any of the following reasons:
. . .
(6) Unprofessional conduct, including, but not limited to, departure from, or the failure to conform to, the standards of acceptable and prevailing medical practice, or the ethics of the medical profession, irrespective of whether or not a patient is injured thereby, or the committing of any act contrary to honesty, justice, or good morals, whether the same is committed in the course of his practice or otherwise, and whether committed within or without North Carolina. The Board shall not revoke the license of or deny a license to a person solely because of that person's practice of a therapy that is experimental, nontraditional, or that departs from acceptable and prevailing medical practices unless, by competent evidence, the Board can establish that the treatment has a safety risk greater than the prevailing treatment or that the treatment is generally not effective. [N.C. Gen. Stat. {90-14(a)(6)]
Ch. 272, Acts of 1993
The South Dakota State Board of Medical and Osteopathic Examiners may cancel, revoke, suspend or limit the license of any physician, surgeon or osteopathic physician or surgeon issued under this chapter upon satisfactory proof in compliance with chapter 1-26 of such a licensee's gross incompetence, or unprofessional or dishonorable conduct or proof of a violation of this chapter in any respect. However, the board may not base a finding of unprofessional or dishonorable conduct solely on the basis that a licensee practices chelation therapy. [S. D. Codified Laws Ann. {36-4-29]
Ch. 323, Acts of 1994
Sections 481 through 518 of Title 59 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act". It is the intent that this act shall apply only to allopathic and surgical practices and to exclude any other healing practices. Allopathy is a method of treatment practiced by recipients of the degree of Doctor of Medicine, but specifically excluding homeopathy. The terms medicine, physician and drug(s) used herein are limited to allopathic practice. [Okla. Stat. tit. 59, {480]].
Nothing in the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall prohibit services rendered by any person practicing any nonallopathic healing practice. [Okla. Stat. tit. 59, {492(F)].
The [State] Board [of Medical Licensure and Supervision] shall not deny a license to a person otherwise qualified to practice allopathic medicine within the meaning of this act solely because the person 's practice or a therapy is experimental or nontraditional. [Okla. Stat. tit. 59, {493.1(M)].
The Board may take disciplinary action for unprofessional or unethical conduct as deemed appropriate base upon the mean's of each case and as set out by rule. The Board shall not revoke the license of a person otherwise qualified to practice allopathic medicine within the meaning of this act solely because the person 's practice or a therapy is experimental or nontraditional. [Okla. Stat. tit. 59 {509.10))(2)].
Ch. 558, Acts of 1994
This article [concerning the medical profession] shall not be construed to affect or prevent the following:
. . .
e. The physician's use of whatever medical care, conventional or non-conventional, which effectively treats human disease, pain, injury, deformity or physical condition. [N.Y. Educ. Law {6527(4)(e)].
A state board for professional medical conduct is hereby created in the department [of health] in matters of professional misconduct. . .The board for professional medical conduct shall consist of not fewer than eighteen physicians licensed in the state for at least five years, two of whom shall be doctors of osteopathy, not fewer than two of whom shall be physicians who dedicate a significant portion of their practice to the use of non-conventional medical treatments who may be nominated by New York state medical associations dedicated to the advancement of such treatments, and not fewer than seven lay members. [N.Y. Public Health Law {230(1)]
If the investigation of cases referred to an investigation committee involves issues of clinical practice, medical experts shall be consulted. Experts may be made available by the state medical society of the state of New York, by county medical societies and specialty societies, and by New York state medical associations dedicated to the advancement of non-conventional medical treatments.... [N.Y. Public Health Law {230(10)(a)(ii)]
A physician discipline process evaluation panel is hereby created in the department of health to assess the physician discipline system. . .The panel shall also report to the governor and the legislature by June 1, 1995 concerning (i) the use of experts, including experts in medical specialties or experts in non-conventional medicine by the office of professional medical conduct in the
investigation of complaints which involve issues of clinical practice, and (ii) the appointment of physicians, including physicians in a medical specialty and physicians practicing non-conventional medicine, to committees on professional medical conduct hearing a case in which a physician in such specialty or a physician practicing non-conventional medicine is the respondent. [Ch. 735, 6(a), Acts of 1992]
Ch. __ Acts of 1995 (H.B. 3340)
The Board of Medical Examiners for the State of Oregon may refuse to grant, or may suspend or revoke a license to practice issued under this chapter for any of the following reasons:
(l)(a) Unprofessional or dishonorable conduct.
(b) For purposes of this subsection, the use of an alternative medical treatment shall not by itself constitute unprofessional conduct. For purposes of this paragraph:
(i) A treatment that the treating physician, based on the physician 's professional experience, has an objective basis to believe has a reasonable probability for
effectiveness in its intended use even if the treatment is outside recognized scientific guidelines, is unproven, is no longer used as a generally recognized or standard treatment or lacks the approval of the United States Food and Drug Administration;
(ii) A treatment that is supported for specific usages or outcomes by at least one other physician licensed by the Board of Medical Examiners; and
(iii) A treatment that poses no greater risk to a patient than the generally recognized or standard treatment.
(B) "Alternative medical treatment" does not include use by a physician of controlled substances in the treatment of a person for chemical dependency resulting from the use of controlled substances. [Ore. Rev. Stat. {677.190(1)]
David M. Sale, J.D., LL.M.
Legislative Consultant
Complementary Health Care
P.O. Box 1615
Annapolis, MD 21404
Tele: (410) 841-3870
Fax: (410) 268-7265