The board, in consultation with the committee, may deny, suspend or revoke certification, require remedial education or issue a letter of reprimand, if an applicant or certified acupuncturist:

(1) Engages in false or fraudulent conduct that demonstrates an unfitness to practice acupuncture, including:

Terms Used In Tennessee Code 63-6-1007

  • Acupuncture: means a form of health care developed from traditional and modern oriental medical concepts that employs oriental medical diagnosis and treatment and adjunctive therapies and diagnostic techniques for the promotion, maintenance and restoration of health and the prevention of disease. See Tennessee Code 63-6-1001
  • Board: means the Tennessee board of medical examiners. See Tennessee Code 63-6-1001
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(A) Misrepresentation in connection with an applicant for certification or an investigation by the committee;
(B) Attempting to collect fees for services that were not performed;
(C) False advertising, including guaranteeing that a cure will result from an acupuncture treatment; or
(D) Dividing or agreeing to divide a fee with anyone for referring the patient for acupuncture;
(2) Fails to exercise proper control over one’s practice by:

(A) Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or
(B) Failing to exercise proper control over uncertified personnel working with the practice;
(3) Fails to maintain records in a proper manner by:

(A) Failing to keep written records describing the course of treatment for each patient;
(B) Refusing to provide a patient, upon request, records that have been prepared for or paid for by the patient; or
(C) Revealing personally identifiable information about a patient, without consent, unless otherwise authorized by law;
(4) Fails to exercise proper care of a patient, including the exercising or attempting to exercise undue influence in the acupuncturist-patient relationship by making sexual advances or requests for sexual activity or making submission to such conduct a condition of treatment;
(5) Displays substance abuse or mental impairment to such a degree as to interfere with the ability to provide safe and effective treatment;
(6) Is convicted of or pleads guilty or no contest to any crime that demonstrates an unfitness to practice acupuncture;
(7) Negligently fails to practice acupuncture with the level of skill recognized within the profession as acceptable under such circumstances;
(8) Willfully violates any provision of this part or rule of the commission; or
(9) Has had a certificate or license denied, suspended or revoked in another jurisdiction for any reason that would be grounds for such action in Tennessee.
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