Chapter 03. Code of Ethics

Use professional discretion and integrity in relationships with a member of the health care community;

Be professional in conduct, with honesty, integrity, self-respect, and fairness;

Remain free from a conflict of interest while fulfilling the objectives and maintaining the integrity of the acupuncture profession;

Provide accurate fee information to the patient, the individual responsible for payment for treatment, and the insurer;

At all times respect the patient's dignity, autonomy, and privacy;

Practice acupuncture only as defined in the scope of practice set forth in Health Occupations Article, §1A-205, Annotated Code of Maryland;

Cooperate with an investigation conducted by the Board, including:

Report to the Board or other appropriate authority conduct in the practice of acupuncture that indicates a violation of:

Misrepresent the licensee's credentials, qualifications, or affiliations and shall attempt to correct others who misrepresent the licensee's credentials, qualifications, or affiliations;

Knowingly engage in or condone behavior which is fraudulent, dishonest, or deceitful, or involves moral turpitude;

Engage in a commercial activity which conflicts with the licensee's duties as a licensed acupuncturist;

Perform acupuncture on a patient if the contraindication against acupuncture treatment exists; or

Discriminate against a patient or a health care provider based on race, religion, age, gender, sexual orientation, national origin, or disability.

Use professional judgement in the use of evaluation and treatment procedures;

Decline to administer treatment if the licensee believes that the treatment is contraindicated or unjustified;

Terminate a professional relationship with patient in an appropriate manner, such as:

Maintain a written record of treatment of the patient under the licensee's care for at least 5 years after the termination of treatment;

Make the records available to the patient on request, in compliance with applicable laws for disclosure of medical records;

Make arrangements for another professional to provide for the needs of the patient during an anticipated absence when the licensee is unavailable to a patient;

Make a referral only to other qualified and duly licensed health care providers;

Accurately inform a patient, a health care professional, and the public of the limitations of the practice of acupuncture and make a referral to an appropriate health care practitioner as needed;

Adequately assess the patient to determine whether a contraindication against acupuncture treatment exists before beginning treatment;

Exercise independent professional judgement in the treatment and evaluation of a patient, regardless of whether the patient was referred by another health care provider; and

Provide full notice to the patient that the patient would not reasonably be expected to benefit from the treatment.

Accept a client for treatment, or continue unnecessary treatment, when the patient cannot be reasonably expected to benefit from the treatment;

Receive remuneration from, or split a fee for, either making or accepting a referral of the patient to another health care practitioner;

Make a guarantee or promise about the efficacy of a particular treatment, the licensee's practice, or the result of a treatment unless supported by scientific principles accepted by the profession; or

Exploit the professional relationship by:

Maintain professional boundaries, even when the patient initiates crossing the boundaries of the professional relationship;

Respect and maintain professional boundaries and respect the patient's reasonable expectation of professional conduct; and

If the licensee and the patient mutually desire a personal relationship, immediately terminate the professional relationship, make an appropriate referral to another health care practitioner, and wait before engaging in such a relationship for a time when it is reasonably certain that the professional relationship has no influence on the personal relationship.

Exploit a relationship with a patient for the licensee's personal advantage, including, but not limited to, a personal, sexual, romantic, or financial relationship;

Engage in a sexually intimate act with a patient; or

Engage in sexual misconduct which includes behavior in which a licensee has engaged in sexual behavior with a patient in the context of a professional evaluation, treatment, procedure, or other service to the patient, regardless of the setting in which the professional service is provided.

The purpose and nature of an evaluation or treatment regimen,

Alternatives to treatment,

Side effects and benefits of a treatment regimen proposed and alternatives to that treatment,

The estimated cost of treatment and alternatives to treatment,

The right of the patient to withdraw from treatment at any time, including the risks associated with withdrawing from treatment, and

The patient's right to decline to participate in treatment if an aspect of the treatment will be recorded, documented, photographed, observed, or otherwise used in an educational program;

Recognize the licensee's limitations and qualifications and practice acupuncture within the limits of these limitations and qualifications;

Obtain additional training, information, and supervision as needed to perform a new technique or service in a new specialty area or when employing a new treatment modality; and

Be current in the licensee's qualifications to practice acupuncture, including meeting continuing education requirements established by the Board.

Contain a misrepresentation of facts;

Are likely to mislead or deceive because, in context, the statement makes only a partial disclosure of relevant facts;

Intend to or are likely to create a false or unjustified expectation of a favorable result;

Relate to fees, other than a standard consultation fee or a range of fees for specific types of services, without fully disclosing all relevant variables so that the statement would not be misunderstood or be deceptive to a layman;

Convey the impression that the licensee could improperly influence a public body, official, corporation, or a person on behalf of a patient;

Contain a representation that the licensee is willing to perform a procedure which is illegal; or

Contain a representation or implication that, in reasonable probability, can be expected to cause an ordinarily prudent person to misunderstand or be deceived.