Current through Register Vol. 50, No. 9, September 20, 2024
A. The board may
suspend, revoke, or impose probationary conditions and restrictions on any
certification or license issued under this Part, upon a finding, following
hearing, that such individual is culpable of:
1. conviction of a crime or entry of a plea
of guilty or nolo contendere to a criminal charge constituting a felony under
the laws of the Louisiana, of the United States, or of the state in which such
conviction or plea was entered;
2.
conviction of a crime or entry of a plea of guilty or nolo contendere to any
criminal charge arising out of or in connection with the practice of
acupuncture or acupuncture detoxification;
3. perjury, fraud, deceit, misrepresentation,
or concealment of material facts in obtaining a certificate or license to
practice acupuncture or acupuncture detoxification;
4. providing false testimony before the board
or providing false sworn information to the board;
5. habitual or recurring abuse of drugs,
including alcohol, which affect the central nervous system and which are
capable of inducing physiological or psychological dependence;
6. solicitation of patients or self-promotion
through advertising or communication, public or private, which is fraudulent,
false, deceptive, or misleading;
7.
making or submitting false, deceptive, or unfounded claims, reports, or
opinions to any patient, insurance company, or indemnity association, company,
individual, or governmental authority for the purpose of obtaining anything of
economic value;
8. cognitive or
clinical incompetency;
9.
continuing or recurring practice which fails to satisfy the prevailing and
usually accepted standards of acupuncture or acupuncture detoxification
practice in this state;
10.
knowingly performing any act which in any way assists a person who is not
certified or licensed to practice acupuncture or acupuncture detoxification, or
having professional connection with or lending one's name to an illegal
practitioner;
11. paying or giving
anything of economic value to another person, firm, or corporation to induce
the referral of patients;
12.
interdiction by due process of law;
13. inability to practice acupuncture or
acupuncture detoxification with reasonable competence, skill, or safety to
patients because of mental or physical illness, condition, or deficiency,
including but not limited to deterioration through the aging process or
excessive use or abuse of drugs, including alcohol;
14. refusal to submit to examination and
inquiry by an examining committee of physicians appointed by the board to
inquire into the certificate or license holder's physical and/or mental fitness
and ability to practice acupuncture or acupuncture detoxification with
reasonable skill or safety to patients;
15. practicing or otherwise engaging in any
conduct or functions beyond the scope of acupuncture or acupuncture
detoxification as defined by the Acupuncture Practice Act or these
rules;
16. the refusal of the
licensing authority of another state to issue or renew a license, permit, or
certificate to practice acupuncture or acupuncture detoxification in that
state, or the revocation, suspension, or other restriction imposed on a
license, permit, or certificate issued by such licensing authority which
prevents, restricts, or conditions practice in that state, or the surrender of
a license, permit, or certificate issued by another state when criminal or
administrative charges are pending or threatened against the holder of such
license, permit, or certificate; or
17. violation of any rules and regulations of
the board, or any provisions of the Act, as amended,
R.S.
37:1356-1360.
B. The board may, as a probationary
condition, or as a condition of the reinstatement of any certificate or license
suspended or revoked hereunder, require the physician acupuncturist, licensed
acupuncturist or acupuncture detoxification specialist to pay all costs of the
board proceedings, including investigators, stenographers, and attorneys' fees
and, with respect to a physician acupuncturist or licensed acupuncturist, to
pay a fine not to exceed the sum of $5,000.
C. Any certificate or license suspended,
revoked, or otherwise restricted by the board may be reinstated by the board,
provided, however, that no application may be made to the board for
reinstatement of a revoked certificate or license until not less than one year
has elapsed from the date of the revocation. The board shall have discretion to
accept or reject any application for reinstatement.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:1744 and
37:1270(B)(6).
