W. Va. Code R. § 32-14-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 32-14-6 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Certificates for Auricular Acudetox

6.1. The board may deny an application for a certificate, place a certificate holder on probation, suspend a certificate, limit or restrict a certificate or revoke any certificate issued by the Board, upon satisfactory proof that the certificate holder has:

6.1.1. Knowingly made, or presented or caused to be made or presented, any false, fraudulent or forged statement, writing, certificate, diploma or other material in connection with an application for a certificate;

6.1.2. Been or is involved in fraud, forgery, deception, collusion or conspiracy in connection with an application for certification;

6.1.3. Become addicted to a controlled substance;

6.1.4. Become a chronic or persistent alcoholic;

6.1.5. Engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public or member of the public;

6.1.6. Willfully violated a confidential communication;

6.1.7. Had his or her license or other authorizations to practice in the professional capacity pursuant to West Virginia Code § 30-36-10 and subsection 5.1.2 of this rule, in this or any other state, territory, jurisdiction or foreign nation revoked, suspended, restricted or limited, or otherwise acted against, or has been subjected to any other disciplinary action by the licensing or governing authority thereof, or has been denied licensure or authorizations in this or any other state, territory, jurisdiction, or foreign nation;

6.1.8. Demonstrated a lack of professional competence in performing auricular acudetox with a reasonable degree of skill and safety for patients. In this connection, the Board may consider repeated acts of a certificate holder indicating his or her failure to properly treat a patient and may require the certificate holders to submit to inquiries or examinations, written or oral, by members of the Board, by its agent, or designee, as the Board considers necessary to determine the professional qualifications of the certificate holder;

6.1.9. Engaged in unprofessional conduct, including, but not limited to, any departure from, or failure to conform to, the standards of acceptable practice, pursuant to the guidelines established by the National Acupuncture Detoxification Association protocol for auricular detoxification therapy irrespective of whether a patient is injured by the conduct, or has committed any act contrary to honesty, justice or good morals, whether the act is committed in the course of his or her practice or otherwise and whether committed within or without this State;

6.1.10. With respect to existing certificate holders, been convicted of or found guilty of a crime in any jurisdiction which directly relates to the practice of auricular detoxification therapy or related to the professional or other authorizations as described pursuant to W.Va. Code § 30-36-10 and subsection 5.1.2. of this rule. A plea of nolo contender will be considered conviction for purpose of this rule;

6.1.11. With respect to initial certification, been convicted of a crime in any jurisdiction that remains unreversed and bears a rational nexus to the practice of auricular detoxification therapy or to the professional or other authorizations as described pursuant to W.Va. Code § 30-36-10 and subsection 5.1.2. of this rule. A plea of nolo contendere will be considered conviction for purposes of this rule. In determining whether a conviction bears a rational nexus to the practice of auricular detoxification therapy or to the professional or other authorizations as described pursuant to W.Va. Code § 30-36-10 and subsection 5.1.2. of this rule, the board shall consider at a minimum:

6.1.11.a. The nature and seriousness of the crime for which the individual was convicted;

6.1.11.b. The passage of time since the commission of the crime;

6.1.11.c. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and

6.1.11.d. Any evidence of rehabilitation or treatment undertaken by the individual; and notwithstanding any other statutory provisions to the contrary, in the event that the applicant is disqualified from certification because of a prior criminal conviction the board shall permit a subsequent application in conformity with the W. Va. Code § 30-1-24.

6.1.12. Advertised, practiced or attempted to practice under a name other than his or her own;

6.1.13. Failed to report to the board any person whom the certificate holder knows is in violation of this rule, the of provisions of the West Virginia Acupuncture Practice Act, or in violation of any standard of professional conduct as described in § 30-1-1et seq., of West Virginia Code;

6.1.14. Failed to perform any statutory or legal obligation placed upon a certificate holder;

6.1.15. Made or filed a report which the certificate holder knows to be false, intentionally or negligently failed to file a report or record required by state or federal law, willfully impeded or obstructed the filing or induced another person to do so. The reports or records will include only those which are signed in the capacity as a certificate holder;

6.1.16. Exercised influence within a patient-practitioner relationship for purposes of engaging a patient in sexual activity;

6.1.17. Made deceptive, untrue or fraudulent representations in the practice of auricular detoxification therapy or employed a trick or scheme in the practice of auricular detoxification therapy when the trick or scheme fails to conform to the generally prevailing standards of treatment in the oriental medical community;

6.1.18. Solicited patients, either personally or through an agent, through use of fraud, intimidation, undue influence, or by overreaching or vexatious conduct. A solicitation is any communication which directly or implicitly requests an immediate response from the recipient;

6.1.19. Performed any procedure or prescribed any therapy which, by the prevailing standards of auricular detoxification therapy in the community, that would constitute the experimentation on a human subject, without first obtaining full, informed and written consent from the patient;

6.1.20. Practiced or offered to practice auricular detoxification therapy beyond the scope permitted by the West Virginia Acupuncture Practice Act or accepted and performed professional responsibilities which the certificate holder knows or has reason to know he or she is not competent to perform;

6.1.21. Violated or failed to comply with a lawful order of the Board, or has violated an order of any court entered pursuant to any proceedings commenced by the Board; or

6.1.22. Failing to meet the standard of practice in connection with any supervisory and/or collaborative agreement with any category of health practitioner licensed under Chapter 30 of the W. Va. Code;

6.2. When the board finds that any applicant is unqualified to be granted a certificate or finds that any certificate holder should be disciplined pursuant to the West Virginia Acupuncture Practice Act or rules of the board, the board may take anyone or more of the following actions:

6.2.1. Refuse to grant a certificate to an applicant;

6.2.2. Administer a public reprimand;

6.2.3. Suspend, limit or restrict any certificate for a definite period, not to exceed five (5) years;

6.2.4. Require any certificate holder to participate in a program of education prescribed by the Board;

6.2.5. Revoke any certificate;

6.2.6. Require the certificate holder to submit to care, counseling or treatment by physicians or other professional persons;

6.2.7. Require the certificate holder to practice under the direction or supervision of another practitioner; or

6.2.8. In addition to and in conjunction with these actions, the board may make a finding adverse to the certificate holder or applicant, but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement of the penalty and place the auricular detoxification therapist on probation, which may be vacated upon the noncompliance with any terms imposed by the board. In its discretion, the board may restore and reissue a certificate under the West Virginia Acupuncture Practice Act, W. Va. Code § 30-36-1et. seq., and as a condition it may impose any disciplinary or corrective measure provided for in this Rule or in the West Virginia Acupuncture Practice Act.

W. Va. Code R. § 32-14-6