West Virginia Code of State Rules › Agency 32 - Acupuncture › Title 32 - LEGISLATIVE RULE BOARD OF ACUPUNCTURE › Series 32-14 - Auricular Detoxification Therapy Certificate › Section 32-14-6 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Certificates for Auricular Acudetox

Current through Register Vol. XLI, No. 28, July 12, 2024
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 §
										30-1-1
et 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;