A. PROHIBITED ACTS AND CONDUCT OF LICENSED PROFESSIONALS: Any Applicant for license renewal who provides the Board with false information or makes a false statement to the Board with regard to any action or proceeding comprehended by the Act or these rules and regulations may be subject to disciplinary action, including denial, suspension or revocation of licensure.
The following acts or omissions shall be considered as grounds for disciplinary action by the Board, following notice and hearing:
(1) PROFESSIONAL INCOMPETENCE: Pursuant to the Act, a Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she, in diagnosing and treating a patient fails to possess or apply the knowledge, or to use the skill and care ordinarily used by reasonably well-qualified Doctors of Oriental Medicine practicing under similar circumstances, giving due consideration to the locality involved.(2) FAILURE TO FOLLOW PROPER INSTRUMENT STERILIZATION PROCEDURE: Pursuant to the Act, a Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she fails to use sterile instruments or fails to follow proper instrument sterilization procedures including the use of biological monitors and the keeping of accurate records of sterilization cycles and equipment service maintenance as described in the manufacturer's instruction manual, the current edition of "Clean Needle Technique For Acupuncturists--A Manual" published by the National Commission For The Certification Of Acupuncturists. This provision shall not apply to needles or syringes, which may not be re-used or sterilized for a subsequent use under any circumstances.(3) FAILURE TO FOLLOW CLEAN NEEDLE TECHNIQUE: Pursuant to the Act, a Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she fails to follow clean needle technique as defined in the current edition of "Clean Needle Technique For Acupuncturist-A Manual" published by the National Commission For The Certification Of Acupuncturists.(4) FALSE REPORTING: Pursuant to the Act, a Doctor of Oriental Medicine or an Applicant shall be guilty of unprofessional conduct if he or she willfully makes or files false reports or records in his or her practice as a Doctor of Oriental Medicine, or who files false statements for collection of fees for services that were not rendered.(5) OUT OF STATE DISCIPLINARY ACTION: A Doctor of Oriental Medicine or an Applicant shall be guilty of unprofessional conduct if he or she has committed any act or omission which has resulted in disciplinary action against the Doctor of Oriental Medicine or Applicant by the licensing or disciplinary authority or court in another state, territory, or country.(6) PROCURING LICENSE BY BRIBERY, FRAUD, OR DECEIT: A Doctor of Oriental Medicine or an Applicant shall be guilty of unprofessional conduct by fraud or deceit in procuring or attempting to procure or renew a license or a provisional license to practice in the profession of acupuncture and oriental medicine if he or she makes false statements, or provides false information on his or her application for licensure. A Doctor of Oriental Medicine or an Applicant shall be guilty of bribery if he or she attempts to pay money or provide any thing of value to a member of the licensing Board in return for having a license issued.(7) MISREPRESENTATION: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct by misrepresentation if he or she advertises, practices, or attempts to practice under a name other than one's own.(8) FALSE ADVERTISING: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct by advertising by means of knowingly false statements if he or she makes or publishes or causes to be made or published any advertisement, offer, statement or other form of representation, oral or written, that directly or by implication is false, misleading or deceptive.(9) FALSE ADVERTISING BY APPLICANTS: An Applicant or an Applicant for Provisional Licensure shall be guilty of unprofessional conduct by advertising by means of knowingly false statements if he or she advertises his or her practice of acupuncture and oriental medicine if he or she does such advertising prior to being licensed by the Board.(10) EDUCATIONAL FRAUD: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she practices fraud, deceit, gross negligence, or misconduct in the operation of an educational program in acupuncture, oriental medicine, and related techniques.(11) FAILURE TO KEEP RECORDS: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she fails to keep written records reflecting the course of treatment of the patient. Records shall be kept for a period of no less than five (5) years, and shall be subject to review by the Board.(12) FAILURE TO PROVIDE RECORDS TO PATIENT: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she fails to make available to a patient or client, upon request, copies of documents, in the possession or under the control of the Doctor of Oriental Medicine, that have been prepared for and paid for by the patient or client.(13) BREACH OF CONFIDENTIALITY: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she reveals personally identifiable facts, data or information obtained in a professional capacity, without the prior consent of the patient or client, except as authorized or required by law.(14) DELEGATION OF RESPONSIBILITIES TO UNQUALIFIED PERSONS: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she:a. Delegates professional responsibilities to a person when the Doctor of Oriental Medicine delegating such responsibilities knows or has reason to know that the person is not qualified by education, by experience or by licensure or certification to perform the responsibilities; orb. Fails to exercise appropriate supervision over Provisional Licensees or students who are authorized to practice only under the supervision of the Doctor of Oriental Medicine.(15) EXERCISING INFLUENCE WITHIN A PATIENT-DOCTOR RELATIONSHIP FOR PURPOSES OF ENGAGING A PATIENT IN SEXUAL ACTIVITY: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct when he or she exercises influence within a patient-doctor relationship for the purpose of engaging a patient in sexual activity.(16) LACK OF FITNESS TO PRACTICE: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she continues to practice and provide treatment for patients when he or she a. Has become mentally incompetent or unfit, or has become incompetent by reason of negligence, habits, or other related causes; orb. Has become habitually intemperate or addicted to the use of habit-forming drags, illegal drugs, and/or alcohol.(17) INSURANCE FRAUD: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she knowingly commits fraud or deceit in the filing of insurance forms, documents, or information pertaining to the health or welfare of a patient, or knowingly allows an employee to file insurance forms, documents, or information pertaining to health or welfare benefits which are false.(18) WILLFUL VIOLATIONS: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she continues to willfully or repeatedly violate any of the provisions of the Act or any of the provisions of these rules and regulations, or any lawful order of the Board.(19) POSTING OF LICENSE: A Doctor of Oriental Medicine who has been licensed by this Board shall post his or her license in a conspicuous location at his or her office or place of practice. A Doctor of Oriental Medicine who fails to post the license shall be guilty of unprofessional conduct.(20) PUBLIC HEALTH AND SANITATION: A Doctor of Oriental Medicine shall be guilty of unprofessional conduct if he or she a. Fails to use only presterilized, disposable needles in their administration of acupuncture;b. Uses staples in the practice of acupuncture;c. Fails to wash their hands with soap and water or other disinfectants before handling needles and between treatment of different patients;d. Fails to thoroughly swab the skin in the area of penetration with alcohol or other germicidal solution before inserting needles; ore. Re-uses needles in the administration of acupuncture.(21) INCOMPETENCE AND UNPROFESSIONAL CONDUCT: The foregoing specifications of unprofessional conduct shall not be exclusive of the types of acts and omissions that may be found by the Board to constitute incompetence or unprofessional conduct.