24 Del. Admin. Code § 1790-6.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1790-6.0 - Unprofessional Conduct and Inability to Practice Acupuncture

6.1 "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:

6.1.1 Has employed or knowingly cooperated in fraud or material deception in order to acquire or renew a license to practice acupuncture, has impersonated another person holding a license, has allowed another person to use the acupuncturist's license, or has aided and abetted a person not licensed to practice acupuncture to represent himself or herself as an acupuncturist;

6.1.2 The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or unethical practice in connection with a certification, registration, or licensing requirement for acupuncturists, or in connection with the practice of acupuncture;

6.1.3 Having a license to practice acupuncture revoked, suspended, or otherwise disciplined, including the denial of licensure by the licensing authority of another state or territory for reasons which would preclude licensure in this state. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other states or territories and may not permit a collateral attack on those decisions;

6.1.4 Conviction of or admission under oath to having committed a crime substantially related to the practice of medicine other profession regulated by the Board as defined by the Board in its rules and regulations;

6.1.5 Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;

6.1.6 Advertising, practicing or attempting to practice acupuncture under a false or assumed name;

6.1.7 Advertising, practicing or attempting to practice acupuncture in an unethical or unprofessional manner;

6.1.8 The practice of acupuncture without a license;

6.1.9 Failing to perform any statutory or legal obligation placed upon an acupuncturist;

6.1.10 Making or filing a false report in connection with the practice of acupuncture which the licensee knows to be false, intentionally or negligently failing to file a report required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so.

6.1.11 Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable condition, as determined with reasonable medical certainty, can be permanently cured;

6.1.12 Misconduct, incompetence, or gross negligence in the practice of acupuncture;

6.1.13 Willful violation of the confidential relationship with or confidential communications of a patient;

6.1.14 Engaging in sexual relations with a patient until at least six (6) months have lapsed since the patient-practitioner relationship has ended.

6.1.15 Making deceptive, untrue, or fraudulent misrepresentations in the practice of acupuncture;

6.1.16 Soliciting patients, either personally or through an agent, through the use of fraud, intimidation, or undue influence, or a form of overreaching conduct;

6.1.17 Failing to keep written medical records documenting the course of treatment of the patient;

6.1.18 Exercising undue influence on the patient to exploit the patient for financial gain of the licensee or of a third party;

6.1.19 Being unable to practice acupuncture with reasonable skill and safety to patients by reason of illness or intemperate use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;

6.1.20 Malpractice or the failure to practice acupuncture at the level of care, skill and treatment which is recognized by a reasonably prudent similar practitioner of acupuncture as being acceptable under similar conditions and circumstances;

6.1.21 Practicing or offering to practice beyond the scope permitted by law or accepting or performing professional responsibilities which the licensee knows or has reason to know that such a person is not qualified by training, experience or certification to perform;

6.1.22 Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows, or has reason to know, that such person is not qualified by training, experience, or licensure to perform them;

6.1.23 Violating any provision of the Medical Practice Act, a rule of the Council and Board or a lawful order of the Board entered in a disciplinary hearing conducted by Council or the Board or failing to comply with a lawfully issued subpoena of the Board to provide documents and or to appear before the Council or Board;

6.1.24 Conspiring with another to commit an act, or committing and act, which coerces, intimidates, or precludes another licensee from lawfully advertising or providing his or her services;

6.1.25 Fraud or deceit, or gross negligence, incompetence, or misconduct in the operation of a course of study;

6.1.26 Failing to comply with state, county, or municipal regulations or reporting requirements relating to public health and the control of contagious and infectious disease;

6.1.27 Failing to comply with clean needle techniques and proper procedures for the disposal of potentially infectious materials;

6.1.28 Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice acupuncture to the Board, to any committee thereof, to the Executive Director, or to anyone designated by the Executive Director to request such information; and

6.1.29 Charging a grossly exorbitant fee for professional or occupational services rendered.

24 Del. Admin. Code § 1790-6.0

16 DE Reg. 434 (10/01/12)