Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 70-79 - Acupuncturists › Chapter SPS 73 - Grounds for discipline › Section SPS 73.01 - Grounds for denial of certification or discipline

Current through June 24, 2024
For purposes of s.
					 451.14(2)
					 (b), Stats., engaging in conduct while
					 practicing acupuncture that evidences a lack of knowledge or ability to apply
					 professional principles or skills includes, but is not limited to:
(1) Practicing acupuncture while ability is
				  impaired by a mental or emotional disorder, physical disability, alcohol or
				  other drugs.
(2) Violating, or
				  aiding or abetting violation of any law, the circumstances of which
				  substantially relate to the practice of acupuncture or other healing
				  art.
(3) Practicing acupuncture
				  without a current and valid certificate.
(4) Having been disciplined in another
				  jurisdiction in any way by a certifying, registering, or licensing authority
				  for reasons substantially the same as those set forth in s.
				  451.14,
				  Stats., or in chs.
				  SPS
				  70 to
				  73.
(5) After a request by the department,
				  failing to cooperate in a timely manner with the department's investigation of
				  a complaint filed against an acupuncturist. The department will apply a
				  rebuttable presumption that an acupuncturist who takes longer than 30 days to
				  respond to a request by the department has not acted in a timely
				  manner.
(6) Practicing acupuncture
				  fraudulently, beyond its authorized scope, with gross incompetence or gross
				  negligence, with incompetence on one or more occasion, with negligence on more
				  than one occasion, or practicing acupuncture or any secondary therapeutic
				  technique beyond or inconsistent with training, education or
				  experience.
(7) Refusing to provide
				  professional services to a person solely on the basis of such person's race,
				  color, age, sex, sexual orientation, political or religious beliefs, handicap,
				  marital status or national origin.
(8) Failing to provide duplicate patient
				  records when requested by the patient or the department. If the original record
				  is not in English, the acupuncturist shall provide the duplicate in English
				  translation performed by a competent translator. Thirty days is presumed to be
				  a reasonable period of time in which to obtain the translation.
(9) Failing to maintain complete and accurate
				  records of each patient visit, including patient histories, summaries of
				  examinations, diagnoses, and treatments performed or prescribed, and referrals
				  to other practitioners of acupuncture or any other healing art, for a period of
				  7 years past the most recent visit of the patient to whom the record refers, or
				  the time the patient reaches the age of majority.
(11) Providing acupuncture without the
				  informed consent of a patient. Informed consent requires:
(a) The disclosure to the patient of the
				  availability of all alternate, viable modes of acupuncture treatment and the
				  benefits and risks of these treatments, including the risks and benefits
				  associated with the use of:
1. Acupuncture
				  needles to stimulate acupuncture points and meridians, including the specific
				  risks of needling certain points.
2. Use of mechanical, magnetic or electrical
				  stimulation of acupuncture points, particularly in instances where such
				  stimulation is applied across the midline of the trunk or in patients with a
				  history of heart trouble.
3.
				  Moxibustion.
4. Herbal
				  medicine.
5.
				  Laserpuncture.
6.
				  Acupressure.