Section SPS 73.01 - Grounds for denial of certification or disciplineFor purposes of s. 451.14(2) (b), Stats., engaging in conduct while practicing acupuncture that evidences a lack of knowledge or ability to apply professional principles or skills includes, but is not limited to:
(1) Practicing acupuncture while ability is impaired by a mental or emotional disorder, physical disability, alcohol or other drugs.(2) Violating, or aiding or abetting violation of any law, the circumstances of which substantially relate to the practice of acupuncture or other healing art.(3) Practicing acupuncture without a current and valid certificate.(4) Having been disciplined in another jurisdiction in any way by a certifying, registering, or licensing authority for reasons substantially the same as those set forth in s. 451.14, Stats., or in chs. SPS 70 to 73.(5) After a request by the department, failing to cooperate in a timely manner with the department's investigation of a complaint filed against an acupuncturist. The department will apply a rebuttable presumption that an acupuncturist who takes longer than 30 days to respond to a request by the department has not acted in a timely manner.(6) Practicing acupuncture fraudulently, beyond its authorized scope, with gross incompetence or gross negligence, with incompetence on one or more occasion, with negligence on more than one occasion, or practicing acupuncture or any secondary therapeutic technique beyond or inconsistent with training, education or experience.(7) Refusing to provide professional services to a person solely on the basis of such person's race, color, age, sex, sexual orientation, political or religious beliefs, handicap, marital status or national origin.(8) Failing to provide duplicate patient records when requested by the patient or the department. If the original record is not in English, the acupuncturist shall provide the duplicate in English translation performed by a competent translator. Thirty days is presumed to be a reasonable period of time in which to obtain the translation.(9) Failing to maintain complete and accurate records of each patient visit, including patient histories, summaries of examinations, diagnoses, and treatments performed or prescribed, and referrals to other practitioners of acupuncture or any other healing art, for a period of 7 years past the most recent visit of the patient to whom the record refers, or the time the patient reaches the age of majority.(11) Providing acupuncture without the informed consent of a patient. Informed consent requires: (a) The disclosure to the patient of the availability of all alternate, viable modes of acupuncture treatment and the benefits and risks of these treatments, including the risks and benefits associated with the use of:1. Acupuncture needles to stimulate acupuncture points and meridians, including the specific risks of needling certain points.2. Use of mechanical, magnetic or electrical stimulation of acupuncture points, particularly in instances where such stimulation is applied across the midline of the trunk or in patients with a history of heart trouble.(b) The disclosure to the patient shall involve a disclosure of the side effects including:1. Some pain at the site of needle insertion.3. Infection and the risks from needling in the vicinity of an infection.Wis. Admin. Code Department of Safety and Professional Services SPS 73.01
Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr. (intro.), am. (4), (6), (8) and (9), r. (10), Register, May, 1998, No. 509, eff. 6-1-98; correction in (4) made under s. 13.92(4) (b) 7, Stats., Register November 2011 No. 671.