| (a) An applicant for a license under the Act shall
be subject to denial of the application pursuant to the provisions
of §205.351 of the Act.
(b) An acupuncturist who holds a license issued under
authority of the Act shall be subject to discipline, including revocation
of license, pursuant to §205.351 of the Act.
(c) The denial of licensure or the imposition of disciplinary
action by the acupuncture board pursuant to §205.351 of the Act
shall be in accordance with the Act, the procedures set forth in Chapters
187 and 190 of this title (relating to Procedural Rules and Disciplinary
Guidelines), the Administrative Procedure Act, and the rules of the
State Office of Administrative Hearings. Chapters 187 and 190 of this
title (relating to Procedural Rules and Disciplinary Guidelines) shall
be applied to acupuncturists to the extent applicable. If the provisions
of Chapter 187 or Chapter 190 conflict with the Act or rules under
this chapter, the Act and provisions of this chapter shall control.
(d) Disciplinary guidelines.
(1) Chapter 190 of this title (relating to Disciplinary
Guidelines) shall apply to acupuncturists regulated under this chapter
and be used as guidelines for the following areas as they relate to
the denial of licensure or disciplinary action of a licensee:
(A) practice inconsistent with public health and welfare;
(B) unprofessional or dishonorable conduct;
(C) disciplinary actions by state boards and peer groups;
(D) repeated and recurring meritorious health care
liability claims;
(E) aggravating and mitigating factors; and
(F) criminal convictions.
(2) If the provisions of Chapter 190 conflict with
the Act or rules under this chapter, the Act and provisions of this
chapter shall control.
(e) Pursuant to §205.352 of the Act, §187.9
of this title (relating to Board Actions), and §187.13 of this
title (relating to Informal Board Proceedings Relating to Licensure
Eligibility) the Board may impose a nondisciplinary remedial plan
to resolve an investigation of a complaint or as a condition for licensure.
|
| Source Note: The provisions of this §183.6 adopted to be effective September 21, 2000, 25 TexReg 9217; amended to be effective January 6, 2002, 26 TexReg 10866; amended to be effective March 6, 2003, 28 TexReg 1883; amended to be effective May 1, 2006, 31 TexReg 3534; amended to be effective July 9, 2015, 40 TexReg 4354 |
