(a)

1. (1) Any applicant for license renewal who provides the Arkansas State Board of Acupuncture and Related Techniques with false information or makes a false statement to the board with regard to any action or proceeding comprehended by the Arkansas Acupuncture Practices Act, Arkansas Code § 17-102-101 et seq., or this part may be subject to disciplinary action, including denial, suspension, or revocation of licensure.
2. (2) Prior to the entry of a final order to suspend or revoke a license, or to impose other sanctions upon a licensee, the board will serve the licensee a complaint and notice hearing in writing.
3. (3) The licensee shall be afforded the opportunity for a hearing, and the board has the burden of proving the alleged facts and violations of law stated in the complaint.

(b) The following acts or omissions may be considered as grounds for disciplinary action by the board, following notice and hearing, or for the denial of application for licensure:

1. (1) Professional incompetence. Failure to possess or apply the knowledge or to use the skill and care ordinarily used by reasonably well-qualified acupuncturists practicing under similar circumstances, giving due consideration to the locality involved;

2. (2) Failure to follow proper instrument sterilization procedure.

   1. (A) Failure to use sterile instruments or failure to follow proper instrument sterilization procedures, including the use of biological monitors and the keeping of accurate records of sterilization cycles and equipment service maintenance as described in the manufacturer’s instruction manual and the current edition of the Clean Needle Technique Manual published by the National Certification Commission for Acupuncture and Oriental Medicine.
   2. (B) This provision shall not apply to needles, which may not be reused or sterilized for a subsequent use on more than one (1) patient under any circumstances;
3. (3) Failure to follow clean needle technique. Failure to follow clean needle technique as defined in the current edition of the Clean Needle Technique Manual published by the National Certification Commission for Acupuncture and Oriental Medicine;
4. (4) False reporting. Willfully making or filing false reports or records in his or her practice as an acupuncturist or filing false statements for collection of fees for services that were not rendered;

5. (5) Out-of-state disciplinary action. Committing any act or omission that has resulted in disciplinary action against the acupuncturist or applicant by the acupuncture licensing or disciplinary authority or court in another:

   1. (A) State;
   2. (B) Territory; or
   3. (C) Country;

6. (6) Procuring license by bribery, fraud, or deceit.

   1. (A) Committing fraud or deceit in procuring or attempting to procure or renew a license or a provisional license to practice in the profession of acupuncture and related techniques by making false statements or providing false information on the application for licensure.
   2. (B) An acupuncturist or an applicant shall be guilty of bribery if he or she attempts to pay money or provide anything of value to a member of the board in return for having a license issued;
7. (7) Misrepresentation. Advertising, practicing, or attempting to practice under a name other than one’s own;

8. (8) False advertising.

   1. (A) Soliciting or advertising for patronage by any means that is:

(i) Misleading;

1. (ii) Fraudulent;

   1. (iii) Deceptive; or

      1. (iv) Dishonest.
   2. (B) It also constitutes false advertising for an acupuncturist to identify himself or herself as a doctor or physician;
2. (9) Educational fraud. Practicing fraud, deceit, gross negligence, or misconduct in the operation of an educational program in acupuncture and related techniques;

3. (10) Failure to keep records.

   1. (A) Failure to keep written records reflecting the course of treatment of the patient.

   2. (B) Records shall be:

      1. (i) Kept for a period of no less than five (5) years; and
      2. (ii) Subject to review by the board;
4. (11) Failure to provide records to patient. Failure to make available to a patient or client, upon request, copies of documents in the possession or under the control of the licensee that have been prepared for and paid for by the patient or client;
5. (12) Breach of confidentiality. Revealing personally identifiable facts, data, or information obtained in a professional capacity, without the prior consent of the patient or client, except as authorized or required by law;

6. (13) Delegating responsibilities to unqualified persons.

   1. (A) Delegating professional responsibilities to a person when the acupuncturist delegating such responsibilities knows or has reason to know that the person is not qualified by education, by experience, or by licensure or certification to perform the responsibilities.
   2. (B) Failure to exercise appropriate supervision over provisional licensees or students who are authorized to practice only under the supervision of the acupuncturist;
7. (14) Exercising influence within a patient–doctor relationship for purposes of engaging a patient in sexual activity. Exercising influence within a patient–doctor relationship for the purpose of engaging in sexual activity with a patient;

8. (15) Lack of fitness to practice. Continuing to practice and provide treatment for patients when the licensee has become:

   1. (A) Mentally incompetent or unfit, or has become incompetent by reason of negligence, habits, or other related causes; or
   2. (B) Habitually intemperate or addicted to the use of habit-forming drugs, illegal drugs, and/or alcohol;
9. (16) Insurance fraud. Knowingly committing fraud or deceit in the filing of insurance forms, documents, or information pertaining to the health or welfare of a patient, or knowingly allowing an employee to file insurance forms, documents, or information pertaining to health or welfare benefits that are false;
10. (17) Willful violations. Willfully or repeatedly violating any of the provisions of the Arkansas Acupuncture Practices Act, any of the provisions of this part, or any lawful order of the board;

11. (18) Posting of license.

    1. (A) An acupuncturist who has been licensed by this board shall post his or her license in a conspicuous location at his or her office or place of practice.
    2. (B) Failure to post the license may be considered unprofessional conduct;

12. (19) Public health and sanitation.

    1. (A) Failure to use only presterilized, disposable needles in the administration of acupuncture.
    2. (B) Using staples in the practice of acupuncture.
    3. (C) Failing to wash hands with soap and water or other disinfectants before handling needles and between treatments of different patients.
    4. (D) Reusing the same needles on more than one (1) patient in the administration of acupuncture;
13. (20) Crimes listed under Arkansas Code § 17-3-102. Having pled guilty or nolo contendere to, or having been found guilty of, a crime listed in Arkansas Code § 17-3-102; and
14. (21) Incompetence and unprofessional conduct. The foregoing specifications of unprofessional conduct shall not be exclusive of the types of acts and omissions that may be found by the board to constitute incompetence or unprofessional conduct.