Kansas Administrative Regulations › Agency 100 - KANSAS STATE BOARD OF HEALING ARTS › Article 76 - ACUPUNCTURISTS › Section 100-76-7 - Unprofessional conduct; definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in K.S.A. 2017 Supp.
				657616 and amendments thereto and this article of the board's regulations,
				shall have the meaning specified in this regulation:
(a) "Unprofessional conduct" shall mean any
			 of the following:
(1) Soliciting patients
			 through the use of fraudulent or false advertisements or profiting by the acts
			 of those representing themselves to be agents of the licensee;
(2) representing to a patient that a
			 manifestly incurable disease, condition, or injury can be permanently
			 cured;
(3) assisting in the care or
			 treatment of a patient without the consent of the patient or the patient's
			 legal representative;
(4) using any
			 letters, words, or terms as an affix on stationery or in advertisements or
			 otherwise indicating that the person is entitled to practice any profession
			 regulated by the board or any other state licensing board or agency for which
			 the person is not licensed;
(5)
			 willful betrayal of confidential information;
(6) advertising professional superiority or
			 the performance of professional services in a superior manner;
(7) advertising to guarantee any professional
			 service or to perform any professional service painlessly;
(8) engaging in conduct related to the
			 practice of acupuncture that is likely to deceive, defraud, or harm the
			 public;
(9) making a false or
			 misleading statement regarding the licensee's skill or the efficacy or value of
			 the treatment or remedy prescribed by the licensee or at the licensee's
			 direction, in the treatment of any disease or other condition of the body or
			 mind;
(10) commission of any act of
			 sexual abuse, misconduct, or other improper sexual contact that exploits the
			 licensee-patient relationship, with a patient or a person responsible for
			 health care decisions concerning the patient;
(11) using any false, fraudulent, or
			 deceptive statement in any document connected with the practice of acupuncture,
			 including the intentional falsifying or fraudulent altering of a patient
			 record;
(12) obtaining any fee by
			 fraud, deceit, or misrepresentation;
(13) failing to transfer a patient's records
			 to another licensee when requested to do so by the patient or by the patient's
			 legally designated representative;
(14) performing unnecessary tests,
			 examinations, or services that have no legitimate purpose;
(15) charging an excessive fee for services
			 rendered;
(16) repeated failure to
			 engage in the practice of acupuncture with that level of care, skill, and
			 treatment that is recognized by a reasonably prudent similar practitioner as
			 being acceptable under similar conditions and circumstances;
(17) failure to keep written medical records
			 that accurately describe the services rendered to each patient, including
			 patient histories, pertinent findings, examination results, and test
			 results;
(18) delegating
			 professional responsibilities to a person if the licensee knows or has reason
			 to know that the person is not qualified by training, experience, or licensure
			 to perform those professional responsibilities;
(19) failing to properly supervise, direct,
			 or delegate acts that constitute the practice of acupuncture to persons who
			 perform professional services pursuant to the licensee's direction,
			 supervision, order, referral, delegation, or practice protocols;
(20) committing fraud or misrepresentation in
			 applying for or securing an original, renewal, or reinstated license;
(21) willfully or repeatedly violating the
			 act, any implementing regulations, or any regulations of the secretary of
			 health and environment that govern the practice of acupuncture;
(22) unlawfully practicing any profession
			 regulated by the board in which the licensed acupuncturist is not licensed to
			 practice;
(23) failing to report or
			 reveal the knowledge required to be reported or revealed pursuant to K.S.A.
			 2017 Supp.
			 65-7621, and amendments
			 thereto;
(24) failing to furnish
			 the board, or its investigators or representatives, any information legally
			 requested by the board;
(25)
			 incurring any sanction or disciplinary action by a peer review committee, a
			 governmental agency or department, or a professional association or society for
			 conduct that could constitute grounds for disciplinary action under the act or
			 this article of the board's regulations;
(26) failing to maintain a policy of
			 professional liability insurance as required by K.S.A. 2017 Supp.
			 65-7609, and amendments thereto,
			 and K.A.R. 100-76-5;
(27) knowingly
			 submitting any misleading, deceptive, untrue, or fraudulent representation on a
			 claim form, bill, or statement;
(28) giving a worthless check or stopping
			 payment on a debit or credit card for fees or moneys legally due to the
			 board;
(29) knowingly or
			 negligently abandoning medical records;
(30) engaging in conduct that violates
			 patient trust and exploits the licensee-patient relationship for personal gain;
			 or
(31) obstructing a board
			 investigation, including engaging in one or more of the following acts:
(A) Falsifying or concealing a material
			 fact;
(B) knowingly making or
			 causing to be made any false or misleading statement or writing; or
(C) committing any other acts or engaging in
			 conduct likely to deceive or defraud the board.