PURPOSE: This rule establishes the code of ethics for applicants and acupuncturists.

1. (1) All applicants and licensees shall: FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

   1. (A) Demonstrate behavior that reflects integrity, supports objectivity, and fosters trust in the profession of acupuncture;
   2. (B) Conduct business and activities relating to acupuncture with honesty and integrity;
   3. (C) Respect and protect the legal and personal rights of the patient/client, including the right to informed consent, refusal of treatment, and refrain from endangering patient health, safety or welfare;
   4. (D) Refuse to participate in illegal or unethical acts, or conceal illegal, unethical or incompetent acts of others;
   5. (E) When conducting research the acupuncturist shall comply with federal, state and local laws or rules and applicable standards of ethical procedures regarding research with human subjects;
   6. (F) Comply with all state and federal laws and regulations regarding the practice of acupuncture;
   7. (G) Not allow the pursuit of financial gain or other personal benefit to interfere with the exercise of sound professional judgment and skills;
   8. (H) Within the limits of the law, an acupuncturist shall report to the advisory committee all knowledge pertaining to known or suspected violations of the laws and regulations governing the practice of acupuncture that is not confidential and/or any other applicable state or federal laws and rules. The acupuncturist shall cooperate with any investigation or proceeding.

2. (2) An acupuncturist shall not:

   1. (A) Encourage unnecessary or unjustified acupuncture services;
   2. (B) Engage in any verbally or physically abusive behavior with a patient/client, detox technician or trainee;
   3. (C) Exploit a patient/client, detox technician or trainee for the purpose of financial gain. For the purpose of this rule exploitation shall be defined as any relationship between the acupuncturist, patient/client, technician, or trainee that may cause harm to the patient/client, technician or trainee;
   4. (D) Accept gifts or benefits intended to influence a referral, decision or treatment that are primarily for personal gain;

   5. (E) Engage in or exercise influence concerning sexual activity with a patient, trainee(s) or detox technician during an ongoing professional relationship with such person or within six (6) months after termination of such professional relationship:

      1. 1. For the purpose of this rule sexual

activity shall include but not be limited to kissing, touching, caressing by any person or between persons that is intended to erotically stimulate either person, or which is likely to cause such stimulation and includes sexual intercourse, sodomy, fellatio, cunnilingus, masturbation, oral copulation, and penetrating the anal or vaginal opening with any thing. Sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm or ejaculation has occurred. For the purpose of this rule, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal.

1. (3) Failure of an applicant to adhere to the code of ethics constitutes unprofessional conduct and may be grounds for denial or discipline of a license.

AUTHORITY: sections 324.481 and 324.496, RSMo 2000.* This rule originally filed as 4 CSR 15-3.020. Original rule filed July 24, 2001, effective Feb. 28, 2002. Moved to 20 CSR 2015-3.020, effective Aug. 28, 2006.

*Original authority: 324.481, RSMo 1998, amended 1999 and 324.496, RSMo 1998, amended 1999.