Sec. 10.26.03.04. Relationship with Patient

A. A licensee shall:

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

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

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

(a) Providing the patient with sufficient notice to permit the patient to obtain the services of another professional,

(b) Assisting the patient by providing referrals if appropriate, or

(c) Continuing to provide emergency treatment to the patient if treatment is required before a reasonable time has passed to allow the patient to obtain the services of another health care provider;

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

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

(6) 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;

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

(8) 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;

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

(10) 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

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

B. A licensee may not:

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

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

(3) 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

(4) Exploit the professional relationship by:

(a) Continuing treatment unnecessarily;

(b) Charging for a service:

(i) Not provided, or

(ii) Different from those actually provided.