Tex. Occ. Code Section 205.351
Grounds for License Denial or Disciplinary Action


(a)

A license to practice acupuncture may be denied or, after notice and hearing, a license holder may be subject to disciplinary action under Section 205.352 (Disciplinary Powers of Acupuncture Board) if the license applicant or license holder:

(1)

intemperately uses drugs or intoxicating liquors to an extent that, in the opinion of the board, could endanger the lives of patients;

(2)

obtains or attempts to obtain a license by fraud or deception;

(3)

has been adjudged mentally incompetent by a court;

(4)

has a mental or physical condition that renders the person unable to perform safely as an acupuncturist;

(5)

fails to practice acupuncture in an acceptable manner consistent with public health and welfare;

(6)

violates this chapter or a rule adopted under this chapter;

(7)

has been convicted of a crime involving moral turpitude or a felony or is the subject of deferred adjudication or pretrial diversion for such an offense;

(8)

holds the person out as a physician or surgeon or any combination or derivative of those terms unless the person is also licensed by the medical board as a physician or surgeon;

(9)

fraudulently or deceptively uses a license;

(10)

engages in unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure a member of the public;

(11)

commits an act in violation of state law if the act is connected with the person’s practice as an acupuncturist;

(12)

fails to adequately supervise the activities of a person acting under the supervision of the license holder;

(13)

directly or indirectly aids or abets the practice of acupuncture by any person not licensed to practice acupuncture by the acupuncture board;

(14)

is unable to practice acupuncture with reasonable skill and with safety to patients because of illness, drunkenness, or excessive use of drugs, narcotics, chemicals, or any other type of material or because of any mental or physical condition;

(15)

is the subject of repeated or recurring meritorious health-care liability claims that in the opinion of the acupuncture board evidence professional incompetence likely to injure the public;

(16)

has had a license to practice acupuncture suspended, revoked, or restricted by another state or has been subject to other disciplinary action by another state or by the uniformed services of the United States regarding practice as an acupuncturist; or

(17)

sexually abuses or exploits another person through the license holder’s practice as an acupuncturist.

(b)

If the acupuncture board proposes to suspend, revoke, or refuse to renew a person’s license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.

(c)

A complaint, indictment, or conviction of a violation of law is not necessary for an action under Subsection (a)(11). Proof of the commission of the act while in the practice of acupuncture or under the guise of the practice of acupuncture is sufficient for action by the acupuncture board.

(d)

A certified copy of the record of the state or uniformed services of the United States taking an action is conclusive evidence of the action for purposes of Subsection (a)(16).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.17, eff. September 1, 2005.

Source: Section 205.351 — Grounds for License Denial or Disciplinary Action, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­205.­htm#205.­351 (accessed Jun. 5, 2024).

205.001
Definitions
205.003
Exemption
205.051
Board
205.052
Public Member Eligibility
205.053
Membership and Employee Restrictions
205.054
Terms
205.055
Presiding Officer
205.056
Grounds for Removal
205.057
Training
205.058
Qualifications and Standards of Conduct Information
205.059
Compensation
205.060
Application of Open Meetings, Open Records, and Administrative Procedure Laws
205.101
General Powers and Duties of Acupuncture Board
205.102
Assistance by Medical Board
205.103
Fees
205.104
Rules Restricting Advertising or Competitive Bidding
205.106
Use of Technology
205.107
Negotiated Rulemaking and Alternative Dispute Resolution Policy
205.151
Public Interest Information
205.152
Complaints
205.153
Public Participation
205.201
License Required
205.202
Issuance of License
205.203
License Examination
205.204
Application for Examination
205.205
Examination Results
205.206
Acupuncture Schools
205.207
Reciprocal License
205.208
Temporary License
205.251
Renewal Required
205.252
Notice of License Expiration
205.253
Procedure for Renewal
205.254
Renewal of Expired License by Out-of-state Practitioner
205.255
Continuing Education
205.256
Refusal for Violation of Board Order
205.301
Referral by Other Health Care Practitioner Required
205.302
Authorized Practice Without Referral
205.303
Acudetox Specialist
205.304
Professional Review Action
205.305
License Holder Information
205.351
Grounds for License Denial or Disciplinary Action
205.352
Disciplinary Powers of Acupuncture Board
205.354
Rules for Disciplinary Proceedings
205.355
Required Disciplinary Action for Failure to Obtain Referral
205.356
Rehabilitation Order
205.357
Effect of Rehabilitation Order
205.358
Audit of Rehabilitation Order
205.359
Subpoena
205.360
Delegation of Certain Complaint Dispositions
205.361
Temporary Suspension
205.362
Cease and Desist Order
205.363
Refund
205.364
Modification of Findings or Rulings by Administrative Law Judge
205.401
Criminal Penalty
205.402
Injunctive Relief
205.451
Imposition of Administrative Penalty
205.452
Procedure
205.453
Amount of Penalty
205.454
Notice of Violation and Penalty
205.455
Options Following Decision: Pay or Appeal
205.456
Collection of Penalty
205.457
Determination by Court
205.458
Remittance of Penalty and Interest
205.1041
Guidelines for Early Involvement in Rulemaking Process
205.1045
Rules on Consequences of Criminal Conviction
205.1521
Conduct of Investigation
205.2025
Criminal History Record Information Requirement for License Issuance
205.2045
Appearance of Applicant Before Acupuncture Board
205.2515
Criminal History Record Information Requirement for Renewal
205.3522
Surrender of License
205.3523
Physical or Mental Examination
205.3541
Informal Proceedings
205.3542
Acupuncture Board Representation in Informal Proceedings
205.3543
Roles and Responsibilities of Participants in Informal Proceedings
205.3544
Limit on Access to Investigation Files
205.3561
Expert Immunity
205.3562
Responsibilities of Private Associations

Accessed:
Jun. 5, 2024

§ 205.351’s source at texas​.gov