§ 90-456. Prohibited activities.
§ 90‑456. Prohibited activities.
The Board may deny, suspend, or revoke a license, require remedialeducation, or issue a letter of reprimand, if a licensed acupuncturist orapplicant:
(1) Engages in false or fraudulent conduct which demonstrates anunfitness to practice acupuncture, including any of the following activities:
a. Misrepresentation in connection with an application for alicense or an investigation by the Board.
b. Attempting to collect fees for services which were notperformed.
c. False advertising, including guaranteeing that a cure willresult from an acupuncture treatment.
d. Dividing, or agreeing to divide, a fee for acupunctureservices with anyone for referring a patient.
(2) Fails to exercise proper control over one's practice by anyof the following activities:
a. Aiding an unlicensed person in practicing acupuncture.
b. Delegating professional responsibilities to a person theacupuncturist knows or should know is not qualified to perform.
c. Failing to exercise proper control over unlicensed personnelworking with the acupuncturist in the practice.
(3) Fails to maintain records in a proper manner by any of thefollowing:
a. Failing to keep written records describing the course oftreatment for each patient.
b. Refusing to provide to a patient upon request records thathave been prepared for or paid for by the patient.
c. Revealing personally identifiable information about apatient, without consent, unless otherwise allowed by law.
(4) Fails to exercise proper care for a patient, includingeither of the following:
a. Abandoning or neglecting a patient without making reasonablearrangements for the continuation of care.
b. Exercising, or attempting to exercise, undue influencewithin the acupuncturist/patient relationship by making sexual advances orrequests for sexual activity or making submission to such conduct a conditionof treatment.
(5) Displays habitual substance abuse or mental impairment so asto interfere with the ability to provide effective treatment.
(6) Is convicted of or pleads guilty or no contest to any crimewhich demonstrates an unfitness to practice acupuncture.
(7) Negligently fails to practice acupuncture with the level ofskill recognized within the profession as acceptable under such circumstances.
(8) Willfully violates any provision of this Article or rule ofthe Board.
(9) Has had a license denied, suspended, or revoked in anotherjurisdiction for any reason which would be grounds for this action in thisState. (1993, c. 303, s. 1.)