Acupuncture, Board of

Acupuncture, Board of

Chapter 6: Code of Ethical Conduct

Effective Date: 12/17/2019 to Current

Rule Type: Current Rules & Regulations

Reference Number: 252.0001.6.12172019

CHAPTER 6

CODE OF ETHICAL CONDUCT

Section 1. Code of ethical conduct for acupuncturists. An individual licensed by the Board has a responsibility to report any organization or entity that provides or holds itself out to deliver acupuncture services that place the license holders in a position of compromise with this code of ethical conduct.

Section 2. Ethical integrity. License holders shall use the provisions contained in paragraphs (a) to (h) of this rule as guidelines for promoting ethical integrity and professionalism. Failure to comply with paragraphs (a) to (h) of this rule may be grounds for disciplinary action pursuant to W.S. 33-49-111.

(a) Respect the rights, privacy and dignity of patients and maintain confidentiality and professional boundaries at all times.

(b) Treat within the lawful scope of practice and training and only if able to safely, competently, and effectively do so.

(c) Allow patients to fully participate in decisions related to their health care by documenting and keeping them informed of treatments and outcomes.

(d) Accept and treat those seeking services in a fair and nondiscriminatory manner.

(e) Render the highest quality of care and make timely referrals to other health care professionals as may be appropriate.

(f) Continue to advance knowledge through education, training and collaboration with colleagues to maintain excellence and high ethical standards in the profession.

(g) Support acupuncture medicine's access to all people and its growth in the broad spectrum of Wyoming health care.

(h) Participate in activities that contribute to the betterment of the community.

Section 3. Unethical Conduct and Sexual Misconduct. Ethical conduct includes conforming to the minimal standards of acceptable and prevailing acupuncture practice. Conduct may be considered unethical regardless of whether or not actual injury to a patient occurred. Failure to comply with paragraphs (a) through (m) of this rule may be grounds for disciplinary action pursuant to W.S. 33-49-111.

(a) Representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured;

(b) Obtaining any fee by fraud or misrepresentation;

(c) Willfully or negligently divulging a professional secret without the written consent of the patient;

(d) Conviction of any offense punishable by incarceration in a department of corrections institution or in a federal prison. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction;

(e) Making statements that the licensee knows, or with the exercise of reasonable care should know, are false or misleading regarding skill or the efficacy or value of the medicine, treatment or remedy prescribed or administered by the licensee or at the direction of the licensee in the treatment of any disease or other condition of the human body or mind;

(f) Impersonating another licensee licensed under this chapter or permitting or allowing any person to use the license;

(g) Gross negligence or repeated negligence in the practice of acupuncture;

(h) Incapacity to practice acupuncture regardless of whether the incapacity is caused by illness or use of a controlled or non-controlled substance.

(A) The licensee shall have access to the result of the examination and to the criteria used for grading and evaluating the examination.

(B) If the examination is given orally, the licensee shall have the right to have the examination recorded;

(i) Failing to report the change of the location of practice of the licensee;

(j) Making a fraudulent claim;

(k) Failure by the licensee to report to the Board any adverse action taken against the licensee by another licensing jurisdiction or any peer review body, health care institution, professional society or association, governmental agency, law enforcement agency or court, for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as described in this section;

(l) Failure by the licensee to notify the Board of the licensee’s voluntary resignation from the staff of a healthcare institution or voluntary limitation of a licensee’s staff privileges at the institution if that action occurs while the licensee is under investigation by the institution or a committee thereof for any reason related to medical incompetence, unprofessional conduct, physical incapacity or impairment;

(m) Committing sexual misconduct. Sexual misconduct is defined on three levels: sexual impropriety, transgression, or violation.

(i) Sexual Impropriety: Lowest level of misconduct, non-physical contact of a patient that is disrespectful in manner and sexually demeaning. Examples: inappropriate jokes, crude gestures, demeaning comments;

(ii) Sexual Transgression: Inappropriate touching of a patient stopping just short of an overt sexual act;

(iii) Sexual Violation: A sexual act between patient and practitioner with no distinction between which party initiated the contact or whether the act was consensual.

Section 4. Chaperone.

(a) Licensees shall allow patients to be accompanied by a chaperone during examination or treatment.

(b) Licensees shall notify patients of their right to be accompanied by a chaperone during examination or treatment. If the patient is a minor, notice shall be given to the patient’s parent or legal guardian.