AcupunctureEnforcement
Section § 4955
This section explains that the board in charge of acupuncturists in California can deny, suspend, or put conditions on an acupuncturist's license if they engage in unprofessional conduct. Such conduct includes using drugs or alcohol in a way that affects their practice, getting convicted of relevant crimes, false advertising, violating health regulations, and failing to control infections, among others. The board can also take action if an acupuncturist threatens patients or licensees, improperly harasses them, or if there’s misconduct by someone working under their license. The law emphasizes that acupuncturists must inform patients if they decide to stop treatment and must use their licensed name in their practice.
Section § 4955.1
This law allows the board to take actions like denying, suspending, or revoking an acupuncturist's license, or putting them on probation if they commit any fraudulent acts. These acts include getting their license through deceit, being dishonest in their practice, engaging in corrupt behavior related to their duties, falsifying or changing medical records fraudulently, and not keeping proper patient records.
Section § 4955.2
This law section explains that the board responsible for regulating acupuncturists can take disciplinary action against an acupuncturist's license. This includes denying, suspending, revoking, or placing conditions on the license if the acupuncturist is found guilty of gross negligence, performing multiple negligent acts, or demonstrating incompetence in their practice.
Section § 4956
If an acupuncturist is found guilty or accepts a plea that is relevant to their job responsibilities, it counts as a conviction for disciplinary purposes. The acupuncture board can take actions like suspending or revoking a license, or setting conditions, once the appeal period has passed, or if the conviction is upheld. This applies even if later legal actions let someone change their plea or dismiss the conviction.
Section § 4959
If a licensed professional is found guilty of unprofessional conduct, the administrative law judge can order them to pay the costs of investigating and prosecuting the case. The board can't charge more than these costs, and if the case goes back to the judge, they also can't increase these costs. If the licensee doesn't pay, the board can go to court to enforce the payment. Any decision by the board will serve as proof when trying to recover these costs. The collected money is used to cover expenses and is placed in the Acupuncture Fund.
Section § 4960
This law says that if someone is going through disciplinary action related to their business or professional conduct, the process will follow the rules set out in the Administrative Procedure Act. This Act is a set of guidelines that ensures proceedings are fair and standardized.
Section § 4960.2
This law says that when an acupuncturist's license is revoked, the board responsible for the revocation must officially inform the business licensing authorities in the cities or counties where the revocation happened. This notification is done with a certified document. Once the local authorities record this revocation, that record is enough proof that the acupuncturist's license was properly revoked according to the rules.
Section § 4960.5
This section outlines the process for individuals whose professional license or registration has been revoked, suspended, or surrendered, or who are on probation, to seek reinstatement or changes to their penalties. To petition for reinstatement or changes, certain time periods must pass first: three years for reinstating a revoked license, two years for early termination of longer probations or modifying probation terms, and one year for ending shorter probations early. The board might also require the person to pass an examination for reinstatement. If a person's application for a license was denied due to specific violations, they can apply again after three years.
Section § 4961
In California, if you're licensed to practice acupuncture, you need to register every place where you offer acupuncture services and get a wall license for each. This wall license is a document you must display prominently in your practice locations and must be renewed every two years with your license. If you treat clients outside your official practice location, you don't need a wall license there, but you must carry a pocket license. If you move your practice, you have 30 days to update your registration with the board, and not doing so could affect your license renewal. The wall license isn't transferable, so any location change requires a new one. You're responsible for ensuring that every practice you run follows professional standards.
Section § 4961.1
This section allows the board to inspect any place where acupuncture services are provided, including schools and clinics, if there's a complaint. They can look at any required records to check if an acupuncturist has broken any rules or regulations. However, the board doesn't have authority over the practice of medicine itself.
Section § 4962
Starting July 1, 2019, professionals licensed by the board, if on probation, must inform their patients, or the patients' guardians, about their probation status before the first visit during the probation period. This includes details such as how long the probation lasts, any practice restrictions, and where to get more information online. They must also get a signed acknowledgment from the patient. There are exceptions, like if the patient is unconscious, the visit is an emergency, or if the licensee doesn't know they’ll be treating the patient until right before the appointment. Online, the board must display the reasons for probation and any practice restrictions. Importantly, breaking these rules isn’t a criminal offense.
Section § 4963
If someone breaks the rules in this chapter, a county superior court can be asked by a board to stop them through an injunction or another order. These proceedings follow specific rules in the Code of Civil Procedure. The board can start this process on its own without having to put up a financial guarantee.