West Virginia Code 30-36-18 – Reprimands, probations, suspensions and revocations; grounds
The board, on the affirmative vote of a majority of its full authorized membership, may reprimand any licensee or certificate holder, place any licensee or certificate holder on probation, or suspend or revoke a license or certificate if the licensee or certificate holder:
Terms Used In West Virginia Code 30-36-18
- Acupuncture: means a form of health care, based on a theory of energetic physiology, that describes the interrelationship of the body organs or functions with an associated point or combination of points. See West Virginia Code 30-36-2
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Auricular acudetox: means auricular detoxification therapy, as approved by the board or as stipulated by the National Acupuncture Detoxification Association (NADA) for the treatment of substance abuse, alcoholism, chemical dependency, detoxification, behavioral therapy, or trauma recovery. See West Virginia Code 30-36-2
- Board: means the West Virginia Acupuncture Board. See West Virginia Code 30-36-2
- Certificate holder: means an authorization issued by the board to persons trained in auricular acudetox who meet the qualifications, established pursuant to this article and by board rules, to be certified as an auricular detoxification specialist (ADS). See West Virginia Code 30-36-2
- Conviction: A judgement of guilt against a criminal defendant.
- License: means a license issued by the board to practice acupuncture. See West Virginia Code 30-36-2
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant or licensee or certificate holder or for another;
(2) Fraudulently or deceptively:
(A) Uses a license or certificate; or
(B) Solicits or advertises.
(3) Is guilty of immoral or unprofessional conduct in the practice of acupuncture or auricular acudetox;
(4) Is professionally, physically, or mentally incompetent;
(5) Provides professional services while:
(A) Under the influence of alcohol; or
(B) Using any narcotic or controlled substance, as defined in § 60A-1-101 of this code, or other drug that is in excess of therapeutic amounts or without a valid medical indication;
(6) Knowingly violates any provision of this article or any rule of the board adopted under this article;
(7) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(8) Practices acupuncture or auricular detoxification therapy with an unauthorized person or assists an unauthorized person in the practice of acupuncture or auricular detoxification therapy;
(9) Is disciplined by the licensing or disciplinary authority of this state or any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;
(10) Willfully makes or files a false report or record in the practice of acupuncture or auricular detoxification therapy;
(11) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
(12) Submits a false statement to collect a fee; or
(13) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the person is licensed and qualified to render because the individual is HIV positive, in conformity with standards established for treatment by physicians, dentists and other licensed health care professionals in cases of this nature.