(a) The following acts by an applicant for a license or by a licensed acupuncturist shall constitute grounds for which the disciplinary actions specified in subsection (b) of this section may be taken by the Arkansas State Board of Acupuncture and Related Techniques:
(1) Attempting to obtain, obtaining, or renewing a license to practice acupuncture and related techniques by bribery, fraud, or deceit;
(2) Having pled guilty or nolo contendere to, or having been found guilty of, a crime in any jurisdiction which directly relates to the practice of acupuncture and related techniques or to the ability to practice same;
(3) Advertising, practicing, or attempting to practice under a name other than one's own;
(4) Making deceptive, untrue, or fraudulent representations in the practice of acupuncture and related techniques;
(5) Becoming mentally incompetent or unfit or incompetent by reason of negligence, habits, or other causes;
(6) Becoming habitually intemperate or addicted to the use of habit-forming drugs, illegal drugs, or alcohol;
(7) Acting unprofessionally in the practice of acupuncture and related techniques;
(8) Committing fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or
(9) Willfully or repeatedly violating any of the provisions of this chapter or any rule or order of the board.
(b) When the board finds any person guilty of any of the acts set forth in subsection (a) of this section, it has the sole authority to:
(1) Refuse to issue a license to the offender;
(2) Revoke or suspend the offender's license;
(3) Restrict the practice of the offender;
(4) Impose an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense;
(5) Reprimand the offender; or
(6) Place the offender on probation for a period of time and subject to such conditions as the board may specify.
(c) The board shall not reinstate the license of a acupuncturist or cause a license to be issued to a person it has deemed to be unqualified until such time as the board is satisfied that he or she has complied with all the terms and conditions set forth in the final order and that he or she is capable of safely engaging in the practice of acupuncture and related techniques.
(d) Disciplinary proceedings taken under this section shall be as provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Acts 1997, No. 816, § 22.