Sec. 6. The board may deny, suspend, or revoke a license, require remedial education, or issue a letter of reprimand, if an applicant or licensed acupuncturist does any of the following:

(1) Engages in false or fraudulent conduct that demonstrates an unfitness to practice acupuncture, including:

(A) making a misrepresentation in connection with an application for a license or an investigation by the board;

(B) attempting to collect fees for services that were not performed;

(C) false advertising, including guaranteeing that a cure will result from an acupuncture treatment; or

(D) dividing, or agreeing to divide, a fee for acupuncture services with another person for referring the patient.

(2) Fails to exercise proper control over the acupuncturist's practice by:

(A) aiding an unlicensed person in practicing acupuncture;

(B) delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or

(C) insufficiently supervising unlicensed personnel working with the acupuncturist in the practice.

(3) Fails to maintain records in a proper manner by:

(A) failing to keep written records describing the course of treatment for each patient;

(B) refusing to provide upon request patient records that have been prepared for or paid for by the patient; or

(C) revealing personally identifiable information about a patient, without the patient's consent, unless otherwise allowed by law.

(4) Fails to exercise proper care of a patient, including:

(A) abandoning or neglecting a patient without making reasonable arrangements for the continuation of care; or

(B) exercising or attempting to exercise undue influence within the relationship between the acupuncturist and the patient by making sexual advances or requests for sexual activity or by making submission to sexual conduct a condition of treatment.

(5) Displays substance abuse or mental impairment to the degree that it interferes with the ability to provide safe and effective treatment.

(6) Is convicted, pleads guilty, or pleads no contest to a crime that demonstrates an unfitness to practice acupuncture.

(7) Fails, in a negligent manner, to practice acupuncture with the level of skill recognized within the profession as acceptable under the circumstances.

(8) Violates willfully any provision of this article or rule of the board.

(9) Has had a license denied, suspended, or revoked in another jurisdiction for a reason that would be grounds for denial, suspension, or revocation of a license under this article.

As added by P.L.265-1999, SEC.1. Amended by P.L.59-2001, SEC.3.