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<chapter num="15" heading="Registration of Physicians to Perform Acupuncture" title_num="10" subtitle_num="32">
  <regulation prefix="Regulation" num=".01" heading="Definitions.">
    <paragraph num="A.">
      <text>In this chapter, the following terms have the meanings indicated.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Terms Defined.</text>
      <paragraph num="(1)">
        <text>“Applicant” means a physician who has applied to the Board for registration to perform acupuncture in this State.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>“Board” means the State Board of Physicians.</text>
      </paragraph>
      <paragraph num="(3)">
        <text>“Medical acupuncture course of study” means a sequence of study in acupuncture approved by the Board, which sequence may consist of combinations of course work from unrelated institutions completed within 5 years of the date of application, that includes at least 200 hours of instruction in general and basic aspects, specific uses and techniques of acupuncture, and indications and contraindications of acupuncture administration.</text>
      </paragraph>
      <paragraph num="(4)">
        <text>“Medical acupuncture program” means a program of study in acupuncture which has been approved for Category I continuing medical education credit by an institution accredited or recognized by the Accreditation Council on Continuing Medical Education to conduct Category I continuing medical education courses.</text>
      </paragraph>
      <paragraph num="(5)">
        <text>“Physician” means an individual licensed to practice medicine in Maryland.</text>
      </paragraph>
      <paragraph num="(6)">
        <text>“To perform acupuncture” means to stimulate a certain point or points on or near the surface of the human body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of ailments or conditions of the body and for maintenance of good health.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Application.">
    <text>To qualify for registration, a physician shall:</text>
    <paragraph num="A.">
      <text>Complete an application on a form supplied by the Board, enclosing:</text>
      <paragraph num="(1)">
        <text>Required supplementary materials, which are in English, and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>English translations of certified, required documentation with costs borne by the applicant;</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Pay a registration fee of $150;</text>
    </paragraph>
    <paragraph num="C.">
      <text>Submit a current, signed passport-sized photograph;</text>
    </paragraph>
    <paragraph num="D.">
      <text>Be a licensed physician; and</text>
    </paragraph>
    <paragraph num="E.">
      <text>Submit evidence of having successfully completed 200 hours of training in a medical acupuncture program or course of study, including any required examinations.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Unprofessional Conduct.">
    <text>Unprofessional conduct in the practice of medicine includes the failure of a physician to:</text>
    <paragraph num="A.">
      <text>Comply with the statute and regulations governing physicians who perform acupuncture, and includes representing oneself as a registered acupuncturist without having met all the previous requirements; and</text>
    </paragraph>
    <paragraph num="B.">
      <text>Be registered by the Board, or to have met all the requirements of Health Occupations Article, §§1A-101 — 1A-502 and §14-302(4) — (5), Annotated Code of Maryland.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Advertising.">
    <paragraph num="A.">
      <text>A physician who has been registered by the Board to perform acupuncture may advertise services subject to the provisions of this regulation.</text>
    </paragraph>
    <paragraph num="B.">
      <text>An advertisement may not express statements:</text>
      <paragraph num="(1)">
        <text>Containing misrepresentation of facts;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>That are likely to mislead or deceive because in context the statement makes only a partial disclosure of relevant facts;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>That intend to or are likely to create false or unjustified expectations of favorable results;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Relating 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;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Conveying the impression that the physician who has been registered by the Board to perform acupuncture could improperly influence a public body, official, corporation, or an individual on behalf of a patient; or</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Containing representations that a physician who has been registered by the Board to perform acupuncture is:</text>
        <paragraph num="(a)">
          <text>Willing to perform any procedure which is illegal under the laws or regulations of Maryland or the United States, or</text>
        </paragraph>
        <paragraph num="(b)">
          <text>A licensed acupuncturist under Health Occupations Article, §1A-101 et seq., Annotated Code of Maryland, unless licensed by the State Acupuncture Board.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>A physician who has been registered by the Board to perform acupuncture is accountable under this regulation if the physician uses an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Health Occupations Article, §14-504, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: September 11, 1995 (22:18 Md. R. 1400)</annotation>
  </annotations>
</chapter>