West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-07 - Disciplinary And Complaint Procedures For Acupuncturists › Section 32-7-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Acupuncturists

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board may deny an application for
				license, place a licensee on probation, suspend a license, limit or restrict a
				licensee or revoke any license issued by the Board, upon satisfactory proof
				that the licensee has:
4.1.1. 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 license;
4.1.2. Been or is involved in fraud, forgery,
				deception, collusion or conspiracy in connection with an examination for a
				license;
4.1.3. Become addicted to
				a controlled substance;
4.1.4.
				Become a chronic or persistent alcoholic;
4.1.5. Engaged in dishonorable, unethical or
				unprofessional conduct of a character likely to deceive, defraud or harm the
				public or member of the public;
4.1.6. Willfully violated a confidential
				communication;
4.1.7. Had his or
				her license to practice acupuncture or oriental medicine in 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 authority thereof, or has been denied
				licensure in any other state, territory, jurisdiction, or foreign
				nation;
4.1.8. Been or is unable to
				practice acupuncture or oriental medicine with reasonable skill and safety to
				patients by reason of illness, drunkenness, excessive use of alcohol, drugs,
				chemicals or any other type of material, or by any reason of any physical or
				mental abnormality;
4.1.9.
				Demonstrated a lack of professional competence to practice acupuncture or
				oriental medicine with a reasonable degree of skill and safety for patients. In
				this connection, the Board may consider repeated acts of an acupuncturist
				indicating his or her failure to properly treat a patient and may require the
				acupuncturist 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
				licensee;
4.1.10. Engaged in
				unprofessional conduct, including, but not limited to, any departure from, or
				failure to conform to, the standards of acceptable and prevailing oriental
				medical practice, or the ethics of the oriental medical profession, or
				unprofessional conduct as presented in the Board's rule, Code of Ethics for
				Licensed Acupuncturist, 32CSR10 of the Boards Rules, 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;
4.1.11. Been convicted of or
				found guilty of a crime in any jurisdiction which directly relates to the
				practice of acupuncture or oriental medicine or to the ability to practice
				acupuncture or oriental medicine. A plea of nolo contendere will be considered
				conviction for the purposes of this rule;
4.1.12. Advertised, practiced or attempted to
				practice under a name other than his or her own;
4.1.13. Failed to report to the Board any
				person whom the licensee knows is in violation of this rule or of provisions of
				the West Virginia Acupuncture Practice Act;
4.1.14. Aided, assisted, procured or advised
				any unlicensed person to practice oriental medicine contrary to this rule or
				the West Virginia Acupuncture Practice Act;
4.1.15. Failed to perform any statutory or
				legal obligation placed upon an acupuncturist;
4.1.16. Made or filed a report which the
				licensee 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 licensed
				acupuncturist;
4.1.17. Paid or
				received any commission, bonus, kickback or rebate, or engaged in any split-fee
				arrangement in any form whatsoever with an acupuncturist, organization, agency
				or person, either directly or indirectly, for patients referred to providers of
				health care goods and services, including, but not limited to, hospitals,
				nursing homes, clinical laboratories, ambulatory surgical centers or
				pharmacies. The provisions of this subdivision will not be construed to prevent
				an acupuncturist from receiving a fee for professional consultation
				service;
4.1.18. Exercised
				influence within a patient-practitioner relationship for purposes of engaging a
				patient in sexual activity;
4.1.19.
				Made deceptive, untrue or fraudulent representations in the practice of
				oriental medicine or employed a trick or scheme in the practice of oriental
				medicine when the trick or scheme fails to conform to the generally prevailing
				standards of treatment in the oriental medical community;
4.1.20. 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;
4.1.21. Failed to keep
				written records justifying the course of treatment of the patient, including,
				but not limited to, patient histories, examination results and test results and
				treatment rendered, if any;
4.1.22.
				Exercised influence on the patient or client in such a manner as to exploit the
				patient or client for the financial gain of the licensee or of a third party,
				which includes, but not be limited to, the promoting or selling of services,
				goods, appliances or materia medica and the promotion or advertising on any
				prescription form of a pharmacy. For the purposes of this subdivision,
				prescribing, dispensing, administering, mixing or otherwise preparing materia
				medica, including all controlled and non-controlled substances, inappropriately
				or in excessive or inappropriate quantities, is not in the best interests of
				the patient and is not in the course of the acupuncturist or oriental medical
				practitioners professional practice, without regard to his or her
				intent;
4.1.23. Engaged in
				malpractice or failed to practice acupuncture or oriental medicine with that
				level of care, skill and treatment which are recognized by a reasonable,
				prudent, acupuncturist or an oriental medical practitioner engaged in the same
				or similar specialty as being acceptable under similar conditions and
				circumstances;
4.1.24. Performed
				any procedure or prescribed any therapy which, by the prevailing standards of
				oriental medical practice in the community, would constitute experimentation on
				a human subject, without first obtaining full, informed and written consent
				from the patient;
4.1.25. Practiced
				or offered to practice acupuncture beyond the scope permitted by the West
				Virginia Acupuncture Practice Act or accepted and performed professional
				responsibilities which the licensee knows or has reason to know he or she is
				not competent to perform;
4.1.26.
				Delegated professional responsibilities to a person whom the licensee knew or
				had reason to know was not qualified by training, experience or licensure to
				perform the responsibilities;
4.1.27. Violated or attempted to violate any
				law or rule of any jurisdiction, which relates to the practice of
				acupuncture.
4.1.28. 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;
4.1.29. Offered, undertaken or agreed to cure
				or treat disease by a secret method, procedure, treatment or medicine; or has
				treated for any human condition, by a method, means, or procedure which the
				licensee has refused to divulge upon demand of the Board;
4.1.30. Engaged in false or deceptive
				advertising. "False or Deceptive Advertising" means a statement that includes a
				misrepresentation of fact, is likely to mislead or deceive because of a failure
				to disclose material facts, is intended or is likely to create false or
				unjustified expectations of favorable results or includes representations or
				implications that in reasonable probability will cause an ordinary prudent
				person to misunderstand or be deceived; or
4.1.31. Engaged in advertising that is not in
				the public interest. Advertising that is not in the public interest includes
				the following:
4.1.31.a. Advertising that has
				the effect of intimidating or exerting undue pressure;
4.1.31.b. Advertising that uses
				testimonials;
4.1.31.c. Advertising
				which is false, deceptive, misleading, sensational or flamboyant;
4.1.31.d. Advertising which guarantees
				satisfaction or a cure;
4.1.31.e.
				Advertising which offers gratuitous services or discounts, the purpose of which
				is to deceive the public. This paragraph does not apply to advertising which
				contains an offer to negotiate fees, nor to advertising in conjunction with an
				established policy or program of free care for patients; and
4.1.31.f. Advertising which make claims of
				professional superiority which a licensee is unable to substantiate.