Earning an acupuncturist license requires a substantial amount of time and training. The potential sanctions of a complaint and disciplinary proceedings against your license can be severe. As a result, when you are notified that the Texas State Board of Acupuncture Examiners (TSBAE), which is a division of the Texas Medical Board (TMB), has received a complaint against you, you may feel a great deal of stress and anxiety about the potential consequences. An acupuncturist license defense attorney can help you fight back against the allegations you are facing and work to minimize any sanctions that your licensing board may seek.
Consequences of Disciplinary Actions for Acupuncturists
Disciplinary actions involving acupuncturists may occur in various circumstances. For instance, under Tex. Occ. Code §205.351, a licensed acupuncturist may face disciplinary action by the TSBAE if they:
- Use alcohol and/or drugs to the point that it could endanger the lives of patients;
- Obtain or attempt to obtain a license by fraud or deception;
- Have a physical or mental condition that makes the licensee unable to perform acupuncture safely; or
- Fail to practice acupuncture in an acceptable manner consistent with public health or welfare.
These examples are only a few of the many grounds for the discipline of acupuncturists under the Texas Occupational Code, which also include the commission of crimes of moral turpitude, violations of state law that are connected with an acupuncturist’s practice, and sexual abuse or exploitation of patients.
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Tex. Occ. Code §205.352 outlines the scope of the disciplinary powers of the TSBAE. If the TSBAE finds adequate grounds to discipline a licensed acupuncturist, it can take one or more of the following actions:
- Revoke the person’s license or certificate to practice acupuncture;
- Require the person to submit to the care, counseling, or treatment of a health care practitioner designated by TSBAE as a condition for the continuance or renewal of a license or certificate to practice acupuncture;
- Require the person to participate in a program of education or counseling prescribed by TSBAE;
- Suspend, limit, or restrict the person’s license or certificate to practice acupuncture, including limiting the practice of the person to, or excluding from the practice, one or more specified activities of acupuncture or stipulating periodic review by TSBAE;
- Require the person to practice under the direction of an acupuncturist designated by TSBAE for a specified period;
- Assess an administrative penalty against the person;
- Require the person to perform public service considered appropriate by TSBAE;
- Stay enforcement of an order and place the person on probation with TSBAE retaining the right to vacate the probationary stay and enforce the original order for noncompliance with the terms of probation or impose any other remedial measure or sanction;
- Require the person to continue or review professional education until the person attains a degree of skill satisfactory to TSBAE in those areas that are the basis of the probation;
- Require the person to report regularly to TSBAE on matters that are the basis of the probation; or
- Administer a public reprimand.
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Acupuncturists and Administrative Penalties
Tex. Occ. Code § 205.451 et seq. outlines the procedures the TSBAE uses to impose and determine the amount of administrative penalties in disciplinary proceedings involving acupuncturists. The amount of an administrative penalty may not exceed $5,000. However, each day that a violation continues constitutes a separate violation for the purposes of imposing an administrative penalty. The amount of an administrative penalty is based on the following factors:
- The seriousness of the violation, including:
- The nature, circumstances, extent, and gravity of any prohibited act; and
- The hazard or potential hazard created to the health, safety, or economic welfare of the public;
- The economic harm to property or the environment caused by the violation;
- The history of previous violations;
- The amount necessary to deter a future violation;
- Efforts to correct the violation; and
- Any other matter that justice may require.
Nondisciplinary Rehabilitation Orders
Tex. Occ. Code § 205.356 allows the TSBAE to impose a nondisciplinary rehabilitation order for licensees in appropriate cases through an agreed order or a contested proceeding. A rehabilitation order may be based on the following:
- Drug or alcohol use resulting directly from addiction caused by medical care or treatment provided by a physician;
- Drug or alcohol use during the immediately preceding five years that court adversely affects the person’s ability to safely practice, if the person:
- Reported the use;
- Was not previously subject to a substance abuse-related order of the TSBAE; and
- Did not violate the standard of care as a result of the impairment;
- Judgment by a court that a person is of unsound mind; or
- The results of a mental or physical examination, or an admission by the person, that they suffer from a potentially dangerous limitation or an inability to safely practice with reasonable skill and safety due to illness, physical condition, or mental condition.
We Are Here to Defend Your Rights
Maintaining and defending your occupational license during disciplinary proceedings can be a stressful, challenging, and lengthy process. The guidance of an experienced acupuncturist license defense lawyer can make all the difference in the outcome of your disciplinary proceedings. With a strong legal advocate on your side, you may be able to put yourself in a better position to handle your situation. Contact Bertolino LLP at (512) 515-9518 or visit us online.
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