653—17.12 (147,148E,272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in 17.11(1) upon determining that a licensee is guilty of any of the following acts or offenses:
	 17.12(1) Fraud in procuring a license. Fraud in procuring a license is the deliberate distortion of facts or use of deceptive tactics in the application for licensure to practice acupuncture including, but not limited to:
	  a.   	 Making false or misleading statements in obtaining or seeking to obtain licensure;
	  b.   	 Failing to disclose by deliberate omission or concealment any information the board deems relevant to the safe and healthful practice of acupuncture pursuant to Iowa Code chapters 147 and 148E;
	  c.   	 Misrepresenting any fact or deed to meet the application or eligibility requirements established by this chapter; or
	  d.   	 Filing or attempting to file a false, forged or altered diploma, certificate, affidavit, translated or other official or certified document, including the application form, attesting to the applicant’s eligibility for licensure to practice acupuncture in Iowa.
	 17.12(2) Professional incompetence. Professional incompetence includes, but is not limited to:
	  a.   	 Substantial lack of knowledge or ability to discharge professional obligations within the scope of the acupuncturist’s practice;
	  b.   	 Substantial deviation by the licensee from the standards of learning or skill ordinarily possessed and applied by other acupuncturists when acting in the same or similar circumstances;
	  c.   	 Failure by an acupuncturist to exercise in a substantial respect the degree of care which is ordinarily exercised by the average acupuncturist when acting in the same or similar circumstances; or
	  d.   	 Willful or repeated departure from or the failure to conform to the minimal standard of acceptable and prevailing practice of acupuncture.
	 17.12(3) Fraud in the practice of acupuncture. Fraud in the practice of acupuncture includes, but is not limited to, any misleading, deceptive, untrue or fraudulent representation in the practice of acupuncture, made orally or in writing, that is contrary to the acupuncturist’s legal or equitable duty, trust or confidence and is deemed by the board to be contrary to good conscience, prejudicial to the public welfare, and potentially injurious to another. Proof of actual injury need not be established.
	 17.12(4) Unethical conduct. Unethical conduct in the practice of acupuncture includes, but is not limited to:
	  a.   	 Failing to provide patients with the information required in Iowa Code section 148E.6 or providing false information to patients;
	  b.   	 Accepting remuneration for referral of patients to other health care professionals;
	  c.   	 Offering or providing remuneration for the referral of patients, excluding paid advertisements or marketing services;
	  d.   	 Engaging in sexual activity or genital contact with a patient while acting or purporting to act within the scope of the acupuncture practice, whether or not the patient consented to the sexual activity or genital contact;
	  e.   	 Disclosing confidential information about a patient without proper authorization; or
	  f.   	 Abrogating the boundaries of acceptable conduct in the practice of acupuncture established by the profession that the board deems appropriate for ensuring that acupuncturists provide Iowans with safe and healthful care.
	 17.12(5) Practice harmful to the public. Practice harmful or detrimental to the public in the practice of acupuncture includes, but is not limited to:
	  a.   	 Failing to possess and exercise the degree of skill, learning and care expected of a reasonable, prudent acupuncturist acting in the same or similar circumstances;
	  b.   	 Practicing acupuncture without reasonable skill and safety as the result of a mental or physical impairment, chemical abuse or chemical dependency;
	  c.   	 Prescribing, dispensing or administering any controlled substance or prescription medication for human use; or
	  d.   	 Performing any treatment or healing procedure not authorized in Iowa Code chapter 148E or this chapter.
	 17.12(6) Habitual intoxication or addiction. Habitual intoxication or addiction to the use of drugs includes, but is not limited to, the inability to practice acupuncture with reasonable skill and safety as a result of the excessive use of alcohol, drugs, narcotics, chemicals or other substances on a continuing basis, or the excessive use of the same in a way which may impair the ability to practice acupuncture with reasonable skill and safety.
	 17.12(7) Felony conviction. A felony conviction related to the practice of acupuncture or that affects the ability to practice the profession includes, but is not limited to:
	  a.   	 Any conviction for any public offense directly related to or associated with the practice of acupuncture that is classified as a felony under the statutes of any jurisdiction of the United States, the United States government, or another nation or its political subdivisions; or
	  b.   	 Any conviction for a public offense affecting the ability to practice acupuncture that is classified as a felony under the statutes of any jurisdiction of the United States, the United States government, or another nation or its political subdivisions and that involves moral turpitude, civility, honesty, or morals.
A copy of the record of conviction or plea of guilty or nolo contendere shall be conclusive evidence of the felony conviction.
	 17.12(8) Misrepresentation of scope of practice by licensees. Misrepresentation of a licensee’s scope of practice includes, but is not limited to, misleading, deceptive or untrue representations about competency, education, training or skill as a licensed acupuncturist or the ability to perform services not authorized under this chapter.
	 17.12(9) False advertising. False advertising is the use of fraudulent, deceptive or improbable statements in information provided to the public. False advertising includes, but is not limited to:
	  a.   	 Unsubstantiated claims about the licensee’s skills or abilities, the healing properties of acupuncture or specific techniques or treatments therein;
	  b.   	 Presenting words, phrases, or figures which are misleading or likely to be misunderstood by the average person; or
	  c.   	 Claiming extraordinary skills that are not recognized by the acupuncture profession.
	 17.12(10) General grounds. The board may also take disciplinary action against an acupuncturist for any of the following reasons:
	  a.   	 Failure to comply with the provisions of Iowa Code chapter 148E or the applicable provisions of Iowa Code chapter 147, or the failure of an acupuncturist to comply with rules adopted by the board pursuant to Iowa Code chapter 148E;
	  b.   	 Failure to notify the board of any adverse judgment or settlement of a malpractice claim or action within 30 days of the date of the judgment or settlement;
	  c.   	 Failure to report to the board any acts or omissions of another acupuncturist authorized to practice in Iowa that would constitute grounds for discipline under 17.12(147,148E,272C) within 30 days of the date the acupuncturist initially became aware of the information;
	  d.   	 Failure to comply with a subpoena issued by the board;
	  e.   	 Knowingly submitting a false report of continuing education or failing to submit a required continuing education report;
	  f.   	 Failure to adhere to the disciplinary sanctions imposed upon the acupuncturist by the board; or
	  g.   	 Violating any of the grounds for revocation or suspension of licensure listed in Iowa Code chapter 147 or 148E.