(1) Engages in false or fraudulent conduct that demonstrates an unfitness to practice acupuncture, including:
(A) Misrepresentation in connection with an applicant for certification or an investigation by the committee;
(B) Attempting to collect fees for services that were not performed;
(C) False advertising, including guaranteeing that a cure will result from an acupuncture treatment; or
(D) Dividing or agreeing to divide a fee with anyone for referring the patient for acupuncture;
(2) Fails to exercise proper control over one's practice by:
(A) Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or
(B) Failing to exercise proper control over uncertified personnel working with the practice;
(3) Fails to maintain records in a proper manner by:
(A) Failing to keep written records describing the course of treatment for each patient;
(B) Refusing to provide a patient, upon request, records that have been prepared for or paid for by the patient; or
(C) Revealing personally identifiable information about a patient, without consent, unless otherwise authorized by law;
(4) Fails to exercise proper care of a patient, including the exercising or attempting to exercise undue influence in the acupuncturist-patient relationship by making sexual advances or requests for sexual activity or making submission to such conduct a condition of treatment;
(5) Displays substance abuse or mental impairment to such a degree as to interfere with the ability to provide safe and effective treatment;
(6) Is convicted of or pleads guilty or no contest to any crime that demonstrates an unfitness to practice acupuncture;
(7) Negligently fails to practice acupuncture with the level of skill recognized within the profession as acceptable under such circumstances;
(8) Willfully violates any provision of this part or rule of the commission; or
(9) Has had a certificate or license denied, suspended or revoked in another jurisdiction for any reason that would be grounds for such action in Tennessee.
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