In this chapter, unless the context otherwise requires:

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1. "Acupuncture":

(a) Means a system of medicine based in traditional practices and informed by contemporary science.

(b) Includes the following:

(i) Puncturing the skin by thin, solid needles to reach subcutaneous structures.

(ii) Stimulating the needles to effect a positive therapeutic response.

(iii) Removing needles.

(iv) Using and prescribing adjunctive therapies.

(v) Using and prescribing herbal therapies commensurate with the acupuncturist’s education and training.

(vi) Using decision-support tools, including physical and clinical examinations.

(vii) Ordering diagnostic imaging and clinical laboratory procedures to determine the nature of care or to form a basis for referral to other licensed health care professionals, or both.

2. "Acupuncture assistant" means an unlicensed person who has completed a training program approved by the board, who assists in basic health care duties in the practice of acupuncture under the supervision of a licensed acupuncturist and who performs delegated duties commensurate with the acupuncture assistant‘s education and training, but who does not evaluate, interpret, design or modify established treatment programs of acupuncture care.

3. "Adjunctive therapies" means the manual, mechanical, magnetic, thermal, electrical or electromagnetic stimulation of acupuncture points and energy pathways, auricular and detoxification therapy, the use of ion cord devices, electroacupuncture, nutritional counseling, therapeutic exercise, the use of nonionizing lasers and acupressure.

4. "Board" means the acupuncture board of examiners.

5. "Herbal therapies" means prescribing, administering, injecting, compounding and dispensing herbal medicines and plant, animal, mineral and natural substances.

6. "Supervision" means that the supervising licensed acupuncturist is present in the facility where the acupuncture assistant is performing services and is available for consultation regarding procedures that the licensed acupuncturist has authorized and for which the licensed acupuncturist remains responsible.

7. "Trauma" means the experience of significant psychological distress following any terrible or life-threatening event.

8. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:

(a) Wilfully disclosing a professional secret or wilfully violating a privileged communication except as either of these may otherwise be required by law.

(b) Committing a felony as evidenced by conviction by a court of competent jurisdiction.

(c) Being habitually intemperate in the use of alcohol or any substance abuse that interferes with the ability to safely practice acupuncture.

(d) Committing conduct that the board determines is gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.

(e) Impersonating another acupuncturist or any other practitioner of the healing arts.

(f) Falsely acting or assuming to act as a member, an employee or an authorized agent of the board.

(g) Procuring or attempting to procure a license pursuant to this chapter by fraud or misrepresentation.

(h) Refusing to divulge to the board on demand the acupuncture method used in the treatment of a patient.

(i) Giving or receiving or aiding or abetting the giving or receiving of rebates, either directly or indirectly.

(j) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of acupuncture.

(k) Having a license refused, revoked or suspended by any other state, district or territory of the United States or any other country, unless the action was not taken for reasons relating to the person’s ability to safely and skillfully practice acupuncture or relating to an act of unprofessional conduct.

(l) Committing conduct that is contrary to the recognized standards or ethics of the acupuncture profession or that may constitute a danger to the health, welfare or safety of the patient or the public.

(m) Committing any conduct or having any condition that may impair the ability to safely and skillfully practice acupuncture.

(n) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of or conspiring to violate this chapter or board rules.

(o) Advertising in a false, deceptive or misleading manner.

(p) Failing or refusing to maintain adequate patient health records or failing or refusing to make health records promptly available to the patient or to another health practitioner or provider on request and receipt of proper authorization.

(q) Deriving direct or indirect compensation from referring a patient without disclosing to the patient in writing the extent of the compensation.

(r) Deriving a financial interest in products the acupuncturist endorses or recommends to the patient without disclosing to the patient in writing the extent of the financial interest.

(s) Having sexual intimacies with a patient in the practice of acupuncture.

(t) Failing to appropriately exercise control over or supervise an acupuncture student employed by or assigned to the practitioner in the practice of acupuncture.

(u) Failing to furnish information in a timely manner to the board or its investigators or representatives if the information is legally requested by the board.

(v) Supervising or engaging in a clinical training program in acupuncture without being approved and registered by the board for that program.

(w) Knowingly making a false, fraudulent or misleading statement, written or oral, to the board.

(x) Failing to exercise proper care for a patient by abandoning or neglecting a patient in need of immediate care without making reasonable arrangements for the continuation of care or by failing to refer the patient to another appropriate health care provider when necessary.

(y) Failing to use needles that have been sterilized according to clean needle technique principles approved by the board.

(z) Failing to demonstrate professional standards of care and training and education qualifications, as established by the board in rule, for performing a therapeutic modality.

(aa) Prescribing or administering medicine or drugs, except as allowed pursuant to this chapter.