12-200-109. Grounds for disciplinary action. (1) The director may deny licensure to or take disciplinary action against an acupuncturist pursuant to sections 12-20-403, 12-20-404, and 24-4-105 if the director finds that the acupuncturist has committed any of the following acts:
(a) Violated the provisions of section 12-200-108;
(b) Failed to provide the mandatory disclosure required by section 12-200-105 or provided false, deceptive, or misleading information to patients in the disclosure;
(c) Failed to provide the information required by section 12-200-106 (1) or provided false, deceptive, or misleading information to the division;
(d) Committed, or advertised in any manner that he or she will commit, any act constituting an abuse of health insurance as prohibited by section 18-13-119 or a fraudulent insurance act as defined in section 10-1-128;
(e) Failed to refer a patient to an appropriate practitioner when the problem of the patient is beyond the training, experience, or competence of the acupuncturist;
(f) Accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons;
(g) Offered or gave commissions, rebates, or other forms of remuneration for the referral of clients; except that, notwithstanding the provisions of this subsection (1)(g), an acupuncturist may pay an independent advertising or marketing agent compensation for advertising or marketing services rendered on his or her behalf by the agent, including compensation that is paid for the results of performance of the services, on a per patient basis;
(h) Failed to comply with, or aided or abetted a failure to comply with, the requirements of this article 200 or any lawful rules adopted by the executive director of the department of public health and environment, including those rules governing the proper cleaning and sterilization of acupuncture needles or the sanitary conditions of acupuncture offices, or any lawful orders of the department of public health and environment or of a court;
(i) Failed to comply with, or aided or abetted a failure to comply with, the requirements of this article 200 or any lawful rules governing the practice of acupuncture adopted by the director, an applicable provision of article 20 or 30 of this title 12, or any lawful orders of the director or of a court;
(j) Engaged in sexual contact, sexual intrusion, or sexual penetration, as defined in section 18-3-401, with a patient during the period of time beginning with the initial patient evaluation and ending with the termination of treatment;
(k) Departed from, or failed to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established;
(l) (I) Failed to notify the director of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to practice acupuncture with reasonable skill and safety to patients;
(II) Failed to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the licensee unable to perform acupuncture with reasonable skill and safety to the patient; or
(III) Failed to comply with the limitations agreed to under a confidential agreement;
(m) Habitual or excessive use or abuse of alcohol, a habit-forming drug, or controlled substance as defined in section 18-18-102 (5);
(n) Committed and been convicted of a felony or entered a plea of guilty or nolo contendere to a felony;
(o) Published or circulated, directly or indirectly, any fraudulent, false, deceitful, or misleading claims or statements relating to acupuncture or to the acupuncturist's practice, capabilities, services, methods, or qualifications; and
ntrolled substance as defined in section 18-18-102 (5);
(n) Committed and been convicted of a felony or entered a plea of guilty or nolo contendere to a felony;
(o) Published or circulated, directly or indirectly, any fraudulent, false, deceitful, or misleading claims or statements relating to acupuncture or to the acupuncturist's practice, capabilities, services, methods, or qualifications; and
(p) Failed to respond to a complaint filed against the acupuncturist in an honest, materially responsive, and timely manner.
(2) The director may accept, as prima facie evidence of the commission of any act enumerated in subsection (1) of this section, evidence of disciplinary action taken by another jurisdiction against an acupuncturist's license or other authorization to practice if the disciplinary action was based upon acts or practices substantially similar to those enumerated in subsection (1) of this section.
