SECTIONS 4955-4964 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4955-4964

4955. The board may deny, suspend, or revoke, or impose
probationary conditions upon, the license of any acupuncturist if he
or she is guilty of unprofessional conduct.
Unprofessional conduct shall include, but not be limited to, the
following:
(a) Using or possessing any controlled substance as defined in
Division 10 (commencing with Section 11000) of the Health and Safety
Code, or dangerous drug or alcoholic beverage to an extent or in a
manner dangerous to himself or herself, or to any other person, or to
the public, and to an extent that the use impairs his or her ability
to engage in the practice of acupuncture with safety to the public.
(b) Conviction of a crime substantially related to the
qualifications, functions, or duties of an acupuncturist, the record
of conviction being conclusive evidence thereof.
(c) False or misleading advertising.
(d) Aiding or abetting in, or violating or conspiring in, directly
or indirectly, the violation of the terms of this chapter or any
regulation adopted by the board pursuant to this chapter.
(e) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee. In administering this subdivision, the board shall consider
referencing the standards, regulations, and guidelines of the State
Department of Health Services developed pursuant to Section 1250.11
of the Health and Safety Code and the standards, regulations, and
guidelines pursuant to the California Occupational Safety and Health
Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of
the Labor Code) for preventing the transmission of HIV, hepatitis B,
and other blood-borne pathogens in health care settings. As
necessary, the board shall consult with the Medical Board of
California, the California Board of Podiatric Medicine, the Dental
Board of California, the Board of Registered Nursing, and the Board
of Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
(f) The use of threats or harassment against any patient or
licensee for providing evidence in a disciplinary action, other legal
action, or in an investigation contemplating a disciplinary action
or other legal action.
(g) Discharging an employee primarily for attempting to comply
with the terms of this chapter.
(h) Disciplinary action taken by any public agency for any act
substantially related to the qualifications, functions, or duties of
an acupuncturist or any professional health care licensee.
(i) Any action or conduct that would have warranted the denial of
the acupuncture license.
(j) The violation of any law or local ordinance on an
acupuncturist's business premises by an acupuncturist's employee or a
person who is working under the acupuncturist's professional license
or business permit, that is substantially related to the
qualifications, functions, or duties of an acupuncturist. These
violations shall subject the acupuncturist who employed the
individuals, or under whose acupuncturist license the employee is
working, to disciplinary action.
(k) The abandonment of a patient by the licentiate without written
notice to the patient that treatment is to be discontinued and
before the patient has had a reasonable opportunity to secure the
services of another practitioner.
(l) the failure to notify the board of the use of any false,
assumed, or fictitious name other than the name under which he or she
is licensed as an individual to practice acupuncture.

4955.1. The board may deny, suspend, revoke, or impose probationary
conditions upon the license of any acupuncturist if he or she is
guilty of committing a fraudulent act including, but not be limited
to, any of the following:
(a) Securing a license by fraud or deceit.
(b) Committing a fraudulent or dishonest act as an acupuncturist.
(c) Committing any act involving dishonesty or corruption with
respect to the qualifications, functions, or duties of an
acupuncturist.
(d) Altering or modifying the medical record of any person, with
fraudulent intent, or creating any false medical record.
(e) Failing to maintain adequate and accurate records relating to
the provision of services to their patients.

4955.2. The board may deny, suspend, revoke, or impose probationary
conditions upon the license of any acupuncturist if he or she is
guilty of committing any one of the following:
(a) Gross negligence.
(b) Repeated negligent acts.
(c) Incompetence.

4956. A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge which is substantially related to
the qualifications, functions, or duties of an acupuncturist is
deemed to be a conviction within the meaning of this chapter.
The board may order a license suspended or revoked, or may deny a
license, or may impose probationary conditions upon a license, when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence irrespective of a subsequent
order under the provisions of Section 1203.4 of the Penal Code
allowing the person to withdraw his or her pleas of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, complaint, information, or indictment.

4959. (a) The board may request the administrative law judge, under
his or her proposed decision in resolution of a disciplinary
proceeding before the board, to direct any licensee found guilty of
unprofessional conduct to pay to the board a sum not to exceed actual
and reasonable costs of the investigation and prosecution of the
case.
(b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the board. When
the board does not adopt a proposed decision and remands the case to
an administrative law judge, the administrative law judge shall not
increase the amount of any costs assessed in the proposed decision.
(c) When the payment directed in the board's order for payment of
costs is not made by the licensee, the board may enforce the order
for payment in the superior court in the county where the
administrative hearing was held. This right of enforcement shall be
in addition to any other rights the board may have as to any licensee
directed to pay costs.
(d) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
(e) All costs recovered under this section shall be considered a
reimbursement for costs incurred and shall be deposited in the
Acupuncture Fund.

4960. Disciplinary proceedings under this article shall be
conducted pursuant to the Administrative Procedure Act (Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code).

4960.2. The board in all cases of revocation shall certify the fact
of the revocation, under the seal of the board, to the business
licensing entity of the cities or counties in which the license of
the acupuncturist has been revoked. The record of the revocation made
by the county or city clerk shall be sufficient evidence of the
revocation, and of the regularity of all proceedings of the board in
the matter of the revocation.

4960.5. (a) A person whose license or registration has been
revoked, suspended, or surrendered, or who has been placed on
probation, may petition the board for reinstatement or modification
of penalty, including modification or termination of probation, after
a period of not less than the following minimum periods has elapsed
from the effective date of the decision ordering that disciplinary
action:
(1) At least three years for reinstatement of a license revoked or
surrendered.
(2) At least two years for early termination of probation of three
years or more.
(3) At least two years for modification of a condition of
probation.
(4) At least one year for early termination of probation of less
than three years.
(b) The board may require an examination for that reinstatement.
(c) Notwithstanding Section 489, a person whose application for a
license or registration has been denied by the board, for violations
of Division 1.5 (commencing with Section 475) of this chapter, may
reapply to the board for a license or registration only after a
period of three years has elapsed from the date of the denial.

4961. (a) Every person who is now or hereafter licensed to practice
acupuncture in this state shall register, on forms prescribed by the
Acupuncture Board, his or her place of practice, or, if he or she
has more than one place of practice, all of the places of practice.
If the licensee has no place of practice, he or she shall notify the
board of that fact. A person licensed by the board shall register
within 30 days after the date of his or her licensure.
(b) An acupuncturist licensee shall post his or her license in a
conspicuous location in his or her place of practice at all times. If
an acupuncturist has more than one place of practice, he or she
shall obtain from the board a duplicate license for each additional
location and post the duplicate license at each location.
(c) Any licensee that changes the location of his or her place of
practice shall register each change within 30 days of making that
change. In the event a licensee fails to notify the board of any
change in the address of a place of practice within the time
prescribed by this section, the board may deny renewal of licensure.
An applicant for renewal of licensure shall specify in his or her
application whether or not there has been a change in the location of
his or her place of practice and, if so, the date of that change.
The board may accept that statement as evidence of the change of
address.

4963. Whenever any person has engaged in an act or practice which
constitutes an offense against this chapter, a superior court of a
county on application of the board may issue an injunction or other
appropriate order restraining that conduct. Proceedings under this
section shall be governed by Chapter 3 (commencing with Section 525)
of Title 7 of Part 2 of the Code of Civil Procedure. The board may
commence action in such superior court under the provisions of this
section on its own motion and no undertaking shall be required in any
action commenced by the board.

4964. The provisions of this article insofar as they are
substantially the same as provisions relating to the same subject
matter of any previous acupuncture licensure law shall be construed
as a restatement and continuation thereof, and not as a new
enactment.