(a) An applicant for a license under the Act shall be subject to denial of the application pursuant to the provisions of §205.351 of the Act.
(b) An acupuncturist who holds a license issued under authority of the Act shall be subject to discipline, including revocation of license, pursuant to §205.351 of the Act.
(c) The denial of licensure or the imposition of disciplinary action by the acupuncture board pursuant to §205.351 of the Act shall be in accordance with the Act, the procedures set forth in Chapters 187 and 190 of this title (relating to Procedural Rules and Disciplinary Guidelines), the Administrative Procedure Act, and the rules of the State Office of Administrative Hearings. Chapters 187 and 190 of this title (relating to Procedural Rules and Disciplinary Guidelines) shall be applied to acupuncturists to the extent applicable. If the provisions of Chapter 187 or Chapter 190 conflict with the Act or rules under this chapter, the Act and provisions of this chapter shall control.
(d) Disciplinary guidelines.
  (1) Chapter 190 of this title (relating to Disciplinary Guidelines) shall apply to acupuncturists regulated under this chapter and be used as guidelines for the following areas as they relate to the denial of licensure or disciplinary action of a licensee:
    (A) practice inconsistent with public health and welfare;
    (B) unprofessional or dishonorable conduct;
    (C) disciplinary actions by state boards and peer groups;
    (D) repeated and recurring meritorious health care liability claims;
    (E) aggravating and mitigating factors; and
    (F) criminal convictions.
  (2) If the provisions of Chapter 190 conflict with the Act or rules under this chapter, the Act and provisions of this chapter shall control.
(e) Pursuant to §205.352 of the Act, §187.9 of this title (relating to Board Actions), and §187.13 of this title (relating to Informal Board Proceedings Relating to Licensure Eligibility) the Board may impose a nondisciplinary remedial plan to resolve an investigation of a complaint or as a condition for licensure.

Source Note: The provisions of this §183.6 adopted to be effective September 21, 2000, 25 TexReg 9217; amended to be effective January 6, 2002, 26 TexReg 10866; amended to be effective March 6, 2003, 28 TexReg 1883; amended to be effective May 1, 2006, 31 TexReg 3534; amended to be effective July 9, 2015, 40 TexReg 4354