Texas Acupuncture Jurisprudence Exam Prep

Front 1

Which of the following is NOT a requirement for licensure?
A. An associate degree
B. Graduate from an accepted Acupuncture school or training equivalent approved by the board.
C. The applicant has passed the CCAOM CNT course.
D. The applicant has completed 60 semester hours of general credits.
E. None of the above.

Back 1

A.

Front 2

Which of the following a required for licensure?
1. 21 years of age.
2. passed all NCCOM exams in 3 attempts.
3. Able to communicate in english.
4. completed 90 hours of general ed.
A. 1 and 2
B. 1 and 3
C. 1, 2 and 3
D. 1, 2 and 4
E. All of the Above

Back 2

C

Front 3

Which of the following is NOT sufficient to demonstrate ability to communicate in english?
A. Graduation from acupuncture school in the US or Canada.
B. An associates degree
C. Passage of 1 of the 4 English language tests specified by the Medical board.
D. At the discretion of the acupuncture board.
E. None of the above

Back 3

B

Front 4

The jurisprudence exam is to cover which subjects?
1. policies of the Texas Acu board and the Texas Med board applicable to the professional practice of acupuncture in this state and in special circumstances, neighboring states.
2. Texas licensing requirements and other laws applicable to the practice of acu in this state.
A. 1
B. 2
C. 2 and the licensing requirements for states boarding texas.
D 1 and 2
E. None of the above

Back 4

B

Front 5

Which of the following is grounds for license denial of disciplinary action by the Board?
1. The acupuncturist drinks moderately in the evening and is not impaired the following morning when the seeing patients.
2. Has a one time arrest for driving intoxicated.
3. Intemperately uses drugs or intoxicating liquors to an extent that, in the opinion of the board, could endanger patients.
4. Is unable to practice acu with reasonable skill and with safety to patients because of illness, drunkenness, or excessive use of drugs, narcotics, chemicals, or any other type of material or any physical or mental condition.

Back 5

D

Front 6

Which of the following are grounds for license denial of disciplinary action by the Board?
1. fails to practice acu in an acceptable manner consistent with public health.
2. Violates the acupuncture act or a rule adopted under the acupuncture act.
3. Engages in unproffessional or dishonorable conduct that is likely to deceive, defraud or injure a member of the public.

Back 6

1, 2, and 3

Front 7

Which of the following are grounds for license denial or disciplinary action by the Board?
1. if the acupuncturist has been convicted of a crime involving moral turpitude or a felony or is the subject of deferred adjudication or pretrial diversion for such an offense.
2. Commits an act in violation of state law if the act is connected with the person's practice as an acupuncturist.
3. commits an act in violation of any state or federal law.
4. fraudulently or deceptively uses a licensure.

Back 7

1, 2 and 4

Front 8

Which of the following constitutes unprofessional and dishonorable conduct likely to deceive, defraud, or injure the public within the meaning of the Acupuncture act?
1. becoming financially or personally involved with a patient in an inappropriate manner.
2. failing to comply with a board subpoena or request for information or action.
3. failing to maintain the confidentiality of a patient
4. providing to a patient copies of his or her records without charging an appropriate fee.

Back 8

1, 2, and 3

Front 9

On finding that grounds exist to deny a license or take disciplinary action against and acupuncturist the Board may choose to:?
A. Require the person to submit to the care, counseling, or treatment of a health care practitioner.
B. Require the person to participate in a program of education or counseling prescribed by the Board.
C. Require the person to practice under the direction of an acupuncturist designated by the Board for a specified period of time.
D. Suspend, limit or restrict the person't license, including limiting the practice of the person to, or excluding from the practice, one or more specified activities or acupuncture or stipulating periodic review by the acupuncture board.
E. Any of the Above

Back 9

E.

Front 10

An acupuncturist may perform acupuncture on a person if the person;
A. Received a referral from a physician or dentist, as appropriate for the condition being treated within twelve months before the date acupuncture was performed.
B. Was referred by a chiropractor and acupuncture treatment is provided within 30 days of the referral.
C. Is seeking treatment for smoking addiction or weight loss without the need for prior referral.
D. Is seeking treatment for substance abuse or alcoholism without the need for prior referral.
E. All of the above.

Back 10

A.

Front 11

An acupuncturist treating a person referred by a chiropractor shall refer that person to a physician after performing acupuncture for:
A. 10 times or 30 days whichever occurs first, if substantial improvement does not occur in the person's condition for which the referral was made.
B. 20 times or for 60 days,
C. 30 times or for 60 days
D. None of the above

Back 11

The statute provides that an acupuncturist treating a person referred by a chiropractor shall refer that
person to a physician after performing acupuncture 20 times or for 30 days, whichever occurs first, if
substantial improvement does not occur in the person’s condition for which the referral was made. The
Board rules provides 20 times in two months. A statute takes precedence over a Board rule.

So I don't honestly know what the right fucking answer is.

Front 12

An acupuncturist may treat a patient for the following conditions without a referral or evaluation by a physician:
A. Smoking, alcoholism, weight loss, substance abuse, stress;
B. Smoking, weight loss, alcoholism, chronic pain, substance abuse;
C. Smoking, alcoholism, substance abuse, chronic pain, stress.
D. Smoking, weight loss, substance abuse, stress, chronic pain:
E. None of the Above.

Back 12

B

Front 13

An acupuncturist treating a person for chronic pain must:
A. Refer the person to a chiropractor after two months of treatment.
B. Recommend an evaluation by a licensed Texas physician or dentist, as appropriate, if after performing acupuncture 40 times or for 4 months whichever comes first, there is no substantial improvement of the patient's chronic pain.
C. Recommend an evaluation by a licensed Texas physician or dentist, as appropriate, if after performing acupuncture 20 times or for 2 months, whichever occurs first, there is no substantial improvement in the patient's chronic pain.
D. An acupuncturist may not treat a person for chronic pain.
E. None of the above

Back 13

C

Front 14

An acupuncturist treating a person for alcoholism or substance abuse must:
A. Recommend an evaluation by a licensed Texas physician or dentist, as appropriate, if after performing acupuncture 10 times or for one month, whichever occurs first, there is not substantial improvement of the patient's alcoholism or substance abuse.
B. Recommend an evaluation by a licensed Texas physician or dentist, as appropriate, if after performing
acupuncture 20 times or for two months, whichever occurs first, there is no substantial improvement of
the patient's alcoholism or substance abuse;
C. Refer the patient immediately to a Texas chiropractor, if after performing acupuncture 10 times or for
one month, whichever occurs first, there is no substantial improvement of the patient's alcoholism or
substance abuse;
D. Refer the patient immediately to a Texas physician or dentist, as appropriate, if after performing
acupuncture 20 times or for two months, whichever occurs first, there is no substantial improvement of
the patient's alcoholism or substance abuse;
E. None of the above.

Back 14

B

Front 15

If a patient has not been evaluated by a physician or dentist for the condition being treated within 6 months before the date acupuncture is performed, the acupuncturist is subject to:
A. A warning from the Board
B. A warning from the Board and an administrative penalty;
C. Suspension of his or her license;
D. Revocation of his or her license after notice and a hearing;
E. None of the above.

Back 15

D.

Front 16

The board may require a licensee or applicant to submit a mental and/or physical examination by a physician or physicians designated by the board, if the board has probable cause to believe that the licensee or applicant is impaired, based on:
1. Sworn statements from two people that the licensee or applicant impaired;
2. A sworn statement from an official representative of the Texas Association of Acupuncturists or the Texas Association of acupuncture and Oriental Medicine that licensee or applicant is impaired;
3. Evidence of a single arrest of licensee or applicant for intoxication.

Back 16

1, and 2

Front 17

When is an acupuncturist's license subject to renewal?
A. 3 years
B. Biennially
C. Semi-annually
D. Annually
E. None of the above

Back 17

D. annually

Front 18

If An Acupuncturists license has expired the may:
A. continue practicing for up to 30 days after the expiration date of the license;
B. May not practice after the expiration date of the license until the license is renewed.
C. May continue practicing if the acupuncturist notifies the Board of his or her intention to renew the license within 30 days.
D. May not practice after a 15 day grace period for renewal;
E. None of the above

Back 18

B.

Front 19

Practicing after the expiration date of a license:
1 may subject the acupuncturist to a written warning
2. may subject the acupuncturist to a disciplinary action by the Board;
3. may subject the acupuncturist to criminal penalties for practicing without a license.

Back 19

2 and 3

Front 20

Which of the following are true for an acupuncturist who is otherwise eligible to renew a license? The acupuncturist may;
1. renew an unexpired license before the expiration date.
2. if the license has been expired for 90 days the license maybe renewed in an amount of 1 and half times the required renewal fee.
3. If the person's license has been expired longer than 90 days but less than a year it may be renewed at twice the required renewal fee.
4. if the person's license has been expired for one year or longer it may not be renewed and is cancelled.

Back 20

All are true

Front 21

As a prerequisite to the annual registration of the license of an acupuncturist, how many hours of continuing acupuncture education must an acupuncturist complete each year?
A. 25 hours
B. 17 hours
C. 5 hours
D. 4 hours
E. None of the above

Back 21

B. 17 hours a year.

Front 22

What requirements must continuing education credits meet?
1. are designated or otherwise approved for credit by the Texas State Board of Acupuncture Examiners at the time the courses were taken.
2. are offered by approved providers
3. have been approved for CAE credit for a minimum of 3 years by another state acupuncture board having first gone through a formal approval process.

Back 22

1, 2 and 3

Front 23

Which of the following are true of continuing ed hours;
1. at least 8 hours shall be in general acupuncture.
2. at least 1 hour shall be in ethics
3. at least 2 hours shall be in herbology.

Back 23

1, 2, and 3

Front 24

Which of the following is true of continuing ed hours;
1 no more than 2 hours may be in courses the primarily relate to practice enhancement or business or office administration;
2. courses may be taught only through live lecture, and not via distance learning or the internet;
3. at least two of the required hours must be in medical record keeping.

Back 24

1

Front 25

Which is true of the following;
1. An acupuncturist must report on the licensee's annual registration form each CAE course that the licensee has attended during the registration period.
2. An acupuncturist must report on the licensee's annual registration form whether the licensee has completed the required acupuncture education during the previous year.
3. The Board may require written verification of continuing acupuncture education hours from any licensee and the licensee must provide the requested verification within 30 calendar days of the date or request;
4. Failure of an acupuncturist to obtain and timely report the required number of continuing education hours will result in non-renewal of the license until such times as the acupuncturist obtains and reports the required hours.

Back 25

2, 3, and 4

Front 26

Which of the following reasons may an acupuncturist request not completely the minimum CAEs;
1. catastrophic illness
2. military service of longer than six months outside of the US
3. Acupuncture practice and residence of longer than one year outside of Texas
4. for good cause showing hardship on the acupuncturist.

Back 26

1, 2, 3 and 4

Front 27

Which of the following are authorized methods of providing information for a patient to make a complaint to the Board;
1. on a sign prominently displayed in the place of business of the acupuncturist
2. in each bill for service provided
3. on each registration form, application, or written contract of service
4. on the back of business cards readily available at the place of check in for patients.

Back 27

1, 2, and 3

Front 28

Which of the following is true regarding the Board-approved notification language that is to be used for the purpose of directing complaints to the Board? The language:
A. may be modified to more accurately reflect the acupuncturist's practice;
B. Must be in English and Spanish;
C. Must be English, Spanish, and Chinese.
D. May be in the language of the majority of the acupuncturist's patients;
E None of the Above.

Back 28

B English and Spanish

Front 29

If an acupuncturist receives a request from the Board or Board representatives for patient records, such records must be furnished to the Board within how many days?
A. 14 days of the request
B. 31 days of the request
C. 60 days of the request
D. One year of the request
E. None of the above

Back 29

A

Front 30

At a minimum, patient records must be maintained in which language?
A. English and the patient's native language;
B. English and the practitioner's native language;
C. English and spanish
D. English
E. None of the Above

Back 30

D

Front 31

Patient records must include which of the following items?
1. patient's name address, vital signs, chief complaint, patient history, treatment plan;
2. in the case of referrals to the acupuncturist of a patient by a chiropractor, the acupuncturist shall record the date of the referral and the most recent date of chiropractic treatment prior to acupuncture treatment;
3. the most recent date of treatment if the patient has been treated by a mental health professional;
4 a system of belling records which accurately reflect patient names, services rendered, the date of the services rendered, and the amount charged or billed for each service rendered;
5. a notation of any herbal medications, including amounts and forms, and other modalities used in the course of treatment with corresponding dates for such treatment.

Back 31

All of them and more

Front 32

What title is a licensee required to use in advertising and other materials visible to the public which pertain to the practice of acupuncture?
A. Texas Licensed Acupuncturist, Tx. Lic.Ac., or Tx. L.Ac.
B. Licensed Acupuncturist, Lic.Ac., or L.Ac.;
C. Doctor of Oriental Medicine, or D.O.M.;
D. Doctor of Acupuncture, or D.O.A.
E. Any of the above.

Back 32

B

Front 33

Which of the following types of claims or events must an acupuncturist report (if not reported by his or her insurance carrier) to the Board?
A. Any Product liability claims, if the acupuncturist invented a device that may have injured a patient;
B. Any cause of action against the acupuncturist for treatment, lack of treatment, or other claimed departure from accepted standards of health care or safety which proximately results in injury to or death of the patient;
C. Any allegation involving improper peer review activities;
Any allegation of liability for injuries occurring on the acupuncturist's property;
E. Allegations regarding violations of HIPAA.

Back 33

B

Front 34

A licensee's number must appear on which of the following?
A. All printed material that may be delivered to patients;
B. All advertising;
C. All written advertising except for billboards, business cards, office, clinic, or facility signs on the premises and single-line telephone number listings;
D All consent for treatment forms;
E. None of the above

Back 34

C

Front 35

What is an acudetox specialist?
A. An acupuncturist who is certified to treat alcoholism, substance abuse, and chemical dependency;
B A person who is certified to practice auricular acupuncture for the limited purpose of treating alcoholism, substance abuse, and chemical dependency;
C. An acupuncturist who specializes in treating alcoholism, substance abuse, and chemical dependency;
dAn acupuncturist who is specially certified to practice auricular acupuncture to treat alcoholism, substance abuse and chemical dependency;
D. An acupuncturist who is specially certified to practice auricular acupuncture to treat alcoholism, substance abuse, and chemical dependency;
E. None of the above

Back 35

B

Front 36

In order to qualify to be certified as an acudetox specialist, a person must;
1. Be a licensed acupuncturist;
2. be a licensed social worker, licensed professional counselor, licensed psychologist, licensed chemical dependency counselor, licensed vocational nurse, or licensed registered nurse;
3. successfully complete a training program in acupuncture detoxification that meets guidelines appoved by the medical board;
4. have passed an examination sponsored by the Board;
pay a certification fee.

Back 36

2, 3, and 5

Front 37

Which of the following is true, and acudetox specialist;
A. May practice unsupervised if a physician, physician assistant, or acupuncturist is available by telephone for consultation during the office hours of the acudetox specialist;
B. May practice acupuncture only under the supervision of a licensed acupuncturist or physician;
C. May practice only under the supervision of a licensed acupuncturist or physician;
C. May practice only under the supervision of a licensed acupuncturist;
D. May practice only under the supervision of a physician;
E. None of the above

Back 37

B

Front 38

Which of the following are true for advertisements of any form? An acupuncturist:
1. May use the term "board certified" if the advertising discloses the complete name of the board which conferred the reference certification;
2. may use the term "board certified" if the acupuncturist is licensed by the Acupuncture Board;
3. may not use the term "Board certified" if the advertised board certification has expired and has not been renewed at the time the advertising is published.

Back 38

1

Front 39

Which of the following are true for an acupuncturist who is not licensed by the Texas Medical Board, or the TExas Optometry Board or the Texas Dental board, or the Chiropractor examiners, or Podiatric Examiners? the acupuncturist:
1. May never use the title "doctor"
2. May not ust the title "doctor" if it use implies that the acupuncturist holds and M.D. or D.O. degree;
3. May use the title "doctor" as a professional identification, only if the authority under which the title is used or the college or honorary degree that gives rise to the use of the tittle is also designated;
4. May use the title "doctor" as a professional identification without further designation, only if the acupuncturist has actually been granted a doctoral degree.

Back 39

2 and 3

Front 40

Which one of the following types of claims or events is an acupuncturist required to report to the board?
A. Product liability claims (i.e. where an acupuncturist invented a device which may have injured a patient,
but the acupuncturist has had no personal acupuncturist-patient relationship with the specific patient
claiming injury by the device);
B. Antitrust allegations;
C. Allegations involving improper peer review activities;
D. Allegations of liability for injuries occurring on an acupuncturist's property, but not involving a breach of duty to the patient (i.e. slip and fall accidents);
Professional liability claims (i.e. any lawsuit against an acupuncturist for treatment, lack of treatment, or other claimed departure from accepted standards of health care or safety that results in injury to or death of the patient)

Back 40

E

Front 41

If a person has cause to believe that a person 65 years of age or older or a disabled person is in a state of abuse, neglect, or exploitation, under what circumstances does that person have a duty to report the abuse?
A. Only if the person is a physician is there a duty to report to the Texas Department of Family and Protective Services;
B. Only if the person is a physician assistant or an advanced practice nurse is there a duty to report to the Texas Department of Family and Protective Services;
C. A person, without regard to any professional or medical training, has a duty to report to the Texas Dept of Family and Protective services;
D. A person has no duty to report to any state agency, but may report to the Texas Dept of Family and Protective Services;
E. None of the Above

Back 41

C

Front 42

"Neglect of an elderly person (age65 and older) or a disabled person, as defined by law, includes which of the following?
1. failure of a caretaker to provide to the elderly or disabled person the goods or services, including medical services, that are necessary to avoid physical or emotional harm or pain;
2. failure of the elderly or disabled person to provide for himself or herself the goods or services, including medical services, that are necessary to avoid physical or emotional harm or pain.
3. failure of a caretaker to provide to the elderly or disabled person the goods or services, excluding medical services, that are necessary to avoid physical or emotional harm or pain.

Back 42

1 and 2

Front 43

"Exploitation" of a person age 65 and older or a diabled person, as defined by law, includes using the resources of an elderly or disabled person for monetary or personal benefit, profit, or gain, but only in which of the following circumstances?
1. the person using the resources of the elderly or disabled person is the caretaker of the elderly or disabled person, even thought the elderly or disabled person gave their informed consent;
2. the person using the resources of the elderly or disabled person is not a caretaker, family member or other individual who has an ongoing relationship with the elderly or disabled person, but received benefits, profits or gains that are more than "insignificant" as determined by a court of law;
3. the person using the resources of the elderly or disabled person is a caretaker, family member or other individual who has an ongoing relationship with the elderly or disabled person and only if that person did not obtain the informed consent of the elderly or disabled person.

Back 43

3

Front 44

Who should report to the medical board acts by physicians that continue to threaten the public welfare through the practice of medicine?
1 a nurse
2 a physician assistant
3. an acupuncturist
4. and acupuncturist student
5 a chiropractor

Back 44

The following are required to report relevant information to the board relating to the acts of a physician in
this state if, in the opinion of the person or committee, that physician poses a continuing threat to the public
welfare through the practice of medicine:
(1)..a medical peer review committee in this state;
...(2)..a physician licensed in this state or otherwise lawfully practicing medicine in this state;
...(3) a physician engaged in graduate medical education or training;
...(4)..a medical student;
...(5)..a physician assistant or acupuncturist licensed in this state or otherwise lawfully practicing in this
state; and
...(6)..a physician assistant student or acupuncturist student.

Front 45

Who has a duty to report to the Texas Dept of family and protective services if they have cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person?
A. Physicians, physician assistants, and registered nurses;
B. Health care professionals, including acupuncturists;
C. Health care professionals and school administrators and teachers;
D. All professionals who are granted licensure or certification through the state and in the normal course of their official duties, has direct contact with children;
E. No one had a duty, but a person may report

Back 45

All persons regardless of occupation have a duty to report in this situation.and who, in the normal course of
official duties or duties for which a license or certification is required, has direct contact with children.

Front 46

With respect to the neglect or abuse of a child, what is the legal definition of a child?
A. A person under the age of 15 years;
B A person under 15 years of age who is not and has not been married or who has not had the disabilities or minority removed for general purposes;
C. A person under 18 years of age;
D. A person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes;
E. A person 12 years or age or younger.

Back 46

D

Front 47

How often is the acupuncture board authorized to meet each year?
A. Monthly;
B. 6 times;
C. 4 times;
D. 3 times;
E. None of the above

Back 47

C

Front 48

The Acupuncture Board;s general powers and duties do not include which of following:
A. Prescribe the application form for a license to practice acupuncture;
B. Establish minimum education and training requirements necessary for the acupuncture board to recommend that the medical board issue a license to practice acupuncture;
C. Establish standards of the practice of acupuncture by physicians and chiropractors;
D. Establish qualifications for an acupuncturist to practice in this state;
E. Recommend rules to establish licensing and other fees.

Back 48

C

Front 49

Members of the public are allowed to speak to the Acupuncture Board:
A. If permitted in advance by the acupuncture Board;
B. Under Board policies that provide the public with a reasonable opportunity to appear before the Board and to speak on any issue under the Board's jurisdiction;
c. For a max of 5 minutes;
D. All of the above
E. None of the above

Back 49

B

Front 50

A license holder shall notify the board of a change of address;
A. Within 10 days after the date the address change occurs;
B. Within 30 days after the date the address change occurs;
C. Within 60 days after the date the address change occurs;
D. At the time of the next renewal of the acupuncturist's license;
E. None of the above.

Back 50

A license holder shall notify the acupuncture board of a change of the license holder's residence or
business address; and provide the acupuncture board with the license holder's new address not later than
the 30th day after the date the address change occurs.

Front 51

Unless good cause is shown, an informal meeting to resolve a complaint against a licensee, in compliance with section yadayada, must be scheduled not late than:
A. 180 days after a complaint is received by the Acupuncture Board;
B. 180 days after a complaint is filed with the Acupuncture board;
C. 180 days after an investigation is opened by the Acupuncture Board;
D. 180 days after an investigation is completed by the Acupuncture Board;
E. None of the above

Back 51

B

Front 52

In an informal proceeding to resolve a complaint against a licensee under, at least how many panelists shall be appointed to determine whether an informal disposition is appropriate?
A. 1
B. 2
C. 2, including at least 2 acupuncturist members of the Board;
D. 3, including at least 2 acupuncturist members of the Board;
E. None of the Above

Back 52

B

Front 53

Regarding a panel’s recommendations in an informal meeting to resolve a complaint against a licensee under
Section 205.3543, which of the following are true?
(1) The panel’s recommendations must be made in a written order and presented to the affected acupuncturist
and the acupuncturist’s authorized representative;
(2) The panel's recommendations may be explained thoroughly to the accupuncturist at the informal proceeding
and is final when the accupuncturist agrees to the terms recommended;
(3) The acupuncturist may accept the proposed settlement within the time established by the panel at the
informal meeting.

Back 53

1 and 3

Front 54

If, after an informal meeting to resolve a complaint against a licensee under Section 205, an acupuncturist rejects a proposed settlement or does not accept a written order within the required time:
A. The acupuncturist may appeal the written order to the acupuncture board;
B. The acupuncturist may appeal the written order in the district Court of Travis County;
C. The acupuncture board may proceed with the filing of a formal complaint with the State Office of Administrative Hearings;
D. the acupuncture board may impose the terms of the written order at the next meeting of the acupuncture board;
E. None of the above are true.

Back 54

C.

Front 55

A license may be suspended without notice or hearing if:
1. Proceedings for a hearing before the acupuncture board are initiated simultaneously with the temporary suspension;
2 a hearing is held under Chapter 2001, Governement Code, and this chapter within 10 days;
3. A hearing is held under Chapter 2001, government Code, and Chapter 205, Occupations Code;

Back 55

1 and 3

Front 56

If a person is practicing acupuncture without a license, after notice and opportunity for a hearing, the acupuncture board may:
1. Issue a cease and desist order prohibiting the person from engaging in the unauthorized practice of acupuncture;
2 Impose an administrative penalty;
3. Impose a criminal penalty;

Back 56

1

Front 57

The acupuncture board may order a license holder to pay a refund to a consumer:
A. Instead of imposing an administrative penalty;
B. In addition to imposing an administrative penalty;
In the amount the consumer paid to the license holder for a service regulated by the Acupuncture Act;
D. But, other damages or estimate harm may not be included;
E. All of the above.

Back 57

E

Front 58

The amount of an administrative penalty may not excedd:
A. $1000 for each violation
B. $2500 for each violation
C. $5000 for each violation
D. $10000 for each violation
E. None of the above

Back 58

C

Front 59

For purposes of imposing an administrative penalty:
A. the Board may not impose more than the maximum amount stated in the statute against a licensee;
b. The board may not impose more than the maximum amount stated in the statute at any informal proceeding against a licensee;
C. The Board may impose up to the maximum for each say a violation continues or occurs;
D. The Board may impose up to the maximum for each day that has elapsed since the violation;
E, None of the above.

Back 59

C
Each day a violation continues or occurs is a separate violation for purposes of imposing an administrative
penalty.

Front 60

The amount of administrative penalty shall be based on:
A. The history of previous violations;
B. The seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act; and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
C. The amount necessary to deter a future violation;
D. Efforts to correct the violation;
E. Any of the above.

Back 60

E
The amount of the penalty shall be based on:
(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any
prohibited act; and the hazard or potential hazard created to the health, safety, or economic welfare of the
public;
(2) the economic harm to property or the environment caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.

Front 61

The notification to the public for the purpose of directing complaints to the Board:
1. Must conform to the exact language prescribed in board rule;
2. May use all of the language prescribed in board rule and provide additional information;
3 Maut be translated into the native language of each patient;
4. May contain the same overall content as in board rule, but altered slightly to make it more understandable to patients;

Back 61

1.
For the purpose of directing complaints to the board, the board and its licensees shall provide notification to
the public of the name, mailing address, and telephone number of the board with the board-approved
notification statement printed alone and in its entirety in black on white background in type no smaller than
standard 24-point Times Roman print with no alterations, deletions, or additions.

Front 62

Which of the following is true, regarding notification to the public for the purpose of directing complaints to the
board:
References: Board Rule 178.3(a)
A When using a sign at the licensee’s place of business, there are no restrictions as to size;
B When placed on bills for services, the statement must be printed on the patient’s first visit, but is not
required on subsequent visits;
C When placed on each registration form, application, or written contract for services of a licensee, must
be no smaller than standard 10-point, 12-pitch typewriter print;
D Color may be added to emphasize certain points of the notification on a bill for services, a registration
form, an application, or written contract for services of a licensee;
E None of the above.

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C.
For the purpose of directing complaints to the board, the board and its licensees shall provide notification to
the public of the name, mailing address, and telephone number of the board by one or more of the following
methods:
(1) displaying in a prominent location at a licensee's place of business, signs in English and Spanish of no
less than 8 1/2 inches by 11 inches in size with the board-approved notification statement printed alone and
in its entirety in black on white background in type no smaller than standard 24-point Times Roman print
with no alterations, deletions, or additions to the language of the board-approved statement; or
(2) placing the board-approved notification statement printed in English and Spanish in black type no
smaller than standard 10-point 12-pitch typewriter print on each bill for services by a licensee with no
alterations, deletions, or additions to the language of the board-approved statement; or
(3) placing the board-approved notification statement printed in English and Spanish in black type no
smaller than standard 10-point, 12-pitch typewriter print on each registration form, application, or written
contract for services of a licensee with no alterations, deletions, or additions to the language of the boardapproved
statement.

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Misdemeanors involving moral turpitude are defined by board rule to include:
A. An offense committed with knowing disregard for justice or honesty;
B. Sexual offense;
C. Subsatnce diversion or substance abuse;
D. An offense involving baseness, vileness, or depravity in the private social duties one owes to others or to society in general;
E. All of the above

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E.

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A licensee shall furnish a written explanation of his or her answer to any question asked on the application for license renewal, if requested by the medical board or acupuncture board. This explanation shal:
1. include all details as that may be requested;
Include all details that may be requested, except confidential patient records;
3. Be furnished within 14 days of the request;
4 Be furnished within a reasonable time after the request.

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3

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What are the requirements for acupuncturists to keep copies of patient treatment records and billing records according to board rules?
A. Patient treatment records and billing records indefinitely;
B. Patient treatment records indefinitely and billing records for five years;
C. Patient treatment records and billing records for five years;
D. Patient treatment records and billing records for 7 years;
E. None of the above.

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B

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A patient's consent for the release of confidential information must be in writing and signed by the patient, or a parent or legal guardian, what must be specified in the written consent;
1. the information or records to be covered by the release;
2. the reason or purpose for the release;
3. the person to whom the information is to be released;
4. the credit card account to which the cost is to be billed.

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1, 2 and 3

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Which of the following are correct requirements for the release of patient records?
1. records must be provided at no cost to the patient;
2. copies must be legible copies of the actual record or summary or narrative in English;
3. the information requested must be provided within 30 days;
4. if the request is denied, in whole or in part, the acupuncturist must provide the patient a written statement of the reason for denial.

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2, 3 and 4
An acupuncturist shall furnish legible copies of patient records requested, or a summary or narrative of the
records in English, pursuant to a written consent for release of the information, except if the acupuncturist
determines that access to the information would be harmful to the physical, mental, or emotional health of
the patient. The acupuncturist may delete confidential information about another person who has not
consented to the release. The information shall be furnished by the acupuncturist within 30 days after the
date of receipt of the request. Reasonable fees for furnishing the information shall be paid by the patient or
someone on his or her behalf. If the acupuncturist denies the request, in whole or in part, the acupuncturist
shall furnish the patient a written statement, signed and dated, stating the reason for denial. A copy of the
statement denying the request shall be placed in the patient's records. In this subsection, "patient records"
means any records pertaining to the history, diagnosis, treatment, or prognosis of the patient.

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Board rules establish Grounds for Exemption from Continuing Acupuncture Education. Which of the following is required for obtaining an exemption;
A. Exemption requests must be submitted in writing and approved by the Education Committee of the Acupuncture Board;
B. Exemption requests must be made in person by appearing before the Acupuncture Board;
C. Exemption requests must be approved by the Executive director and must be submitted in writing 30 days prior to the expiration of the license;
D. Exemption requests must be submitted in writing no later than 60 days after the expiration date of the license;
E. None of the above.

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C

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Once the annual requirements for CAE have been met, any additional hours may be carried forward to meet requirements for future years under which of the following limits?
A. Up to 10 years (sic) may be applied to requirements for the next year;
B. Up to 17 hours may be applied to requirements for the next year;
C. Up to 24 hours may be applied to requirements for the next 2 years
D. Up to 34 hours may be applied to requirements for the next 2 years;
E. None of the above

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D.