Chapter SPS 73

Register November 2011 No. 671

Chapter SPS 73

GROUNDS FOR DISCIPLINE

SPS 73.01   Grounds for denial of certification or discipline.

SPS 73.02   Use of titles.

SPS 73.03   Examples of false, deceptive or misleading advertising.

Ch. SPS 73 Note Note: Chapter RL 73 was renumbered chapter SPS 73 under s. 13.92 (4) (b) 1., Stats., Register November 2011 No. 671.

SPS 73.01 SPS 73.01 Grounds for denial of certification or discipline. For 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:

SPS 73.01(1) (1) Practicing acupuncture while ability is impaired by a mental or emotional disorder, physical disability, alcohol or other drugs.

SPS 73.01(2) (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.

SPS 73.01(3) (3) Practicing acupuncture without a current and valid certificate.

SPS 73.01(4) (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.

SPS 73.01(5) (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.

SPS 73.01(6) (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.

SPS 73.01(7) (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.

SPS 73.01(8) (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.

SPS 73.01(9) (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.

SPS 73.01(11) (11) Providing acupuncture without the informed consent of a patient. Informed consent requires:

SPS 73.01(11)(a) (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:

SPS 73.01(11)(a)1. 1. Acupuncture needles to stimulate acupuncture points and meridians, including the specific risks of needling certain points.

SPS 73.01(11)(a)2. 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.

SPS 73.01(11)(a)3. 3. Moxibustion.

SPS 73.01(11)(a)4. 4. Herbal medicine.

SPS 73.01(11)(a)5. 5. Laserpuncture.

SPS 73.01(11)(a)6. 6. Acupressure.

SPS 73.01(11)(b) (b) The disclosure to the patient shall involve a disclosure of the side effects including:

SPS 73.01(11)(b)1. 1. Some pain at the site of needle insertion.

SPS 73.01(11)(b)2. 2. Minor bruising.

SPS 73.01(11)(b)3. 3. Infection and the risks from needling in the vicinity of an infection.

SPS 73.01(11)(b)4. 4. Needle sickness.

SPS 73.01(11)(b)5. 5. Broken needles.

SPS 73.01 History History: 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.

SPS 73.02 SPS 73.02 Use of titles.

SPS 73.02(1) (1) Any person certified under ch. 451, Stats., to practice acupuncture shall include the title “acupuncturist,” “Wisconsin certified acupuncturist,” or a similar title in advertisements of acupuncture services.

SPS 73.02(2) (2) Any person certified under ch. 451, Stats., to practice acupuncture who has been conferred the degree of doctor of Oriental medicine may advertise his or her services as an acupuncturist to the public using the title “doctor of Oriental medicine” or “D.O.M.,” if the title “acupuncturist,” “Wisconsin certified acupuncturist,” or a similar title is used in the same advertisement.

SPS 73.02 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

SPS 73.03 SPS 73.03 Examples of false, deceptive or misleading advertising. For purposes of s. 451.14 (2) (d), Stats., false, deceptive or misleading advertising includes:

SPS 73.03(1) (1) Advertising acupuncture services using a title that includes the words “medical doctor” or the initials “M.D.,” unless the acupuncturist meets the requirements of s. 448.03 (3) (a), Stats.

SPS 73.03 Note Note: Section 448.03 (3) USE OF TITLES. (a) No person may use or assume the title “doctor of medicine” or append to the person’s name the letters “M.D.” unless one of the following applies:

SPS 73.03 Note 1. The person possesses the degree of doctor of medicine.

SPS 73.03 Note 2. The person is licensed as a physician under this subchapter because the person satisfied the degree requirement of s. 448.05 (2) by possessing a medical degree that was conferred by a medical school recognized and listed as such by the World Health Organization of the United Nations.

SPS 73.03(2) (2) Advertising acupuncture services using the title “Doctor” or the abbreviation “Dr.,” or “Ph.D.” in connection with the practice of acupuncture unless the acupuncturist possesses a license or certificate which authorizes such use or possesses an earned doctorate degree which is in acupuncture or Oriental medicine.

SPS 73.03 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.