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The 191st General Court of the Commonwealth of Massachusetts

Section 158: Acupuncturists; revocation, suspension, or cancellation of licenses; liability of complainants

Section 158. The committee may, after a hearing pursuant to chapter thirty A, revoke, suspend, or cancel the license of an acupuncturist, or reprimand or censure an acupuncturist if it finds upon proof satisfactory to the committee that such acupuncturist:

(a) fraudulently procured licensure as an acupuncturist;

(b) violated any provision of law relating to the practice of medicine or acupuncture, or any rule or regulation adopted thereunder;

(c) acted with gross misconduct in the practice of acupuncture or of practicing acupuncture fraudulently, or beyond its authorized scope, or with gross incompetence, or with gross negligence on a particular occasion or negligence on repeated occasions;

(d) practiced acupuncture while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;

(e) was habitually drunk or being or having been addicted to, dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects;

(f) knowingly permitted, aided or abetted an unlicensed person to perform activities requiring a license for purposes of fraud, deception or personal gain;

(g) has been convicted of a criminal offense which reasonably calls into question the ability to practice acupuncture;

(h) violated any rule or regulation of the board or the committee;

[There is no clause (i).]

(j) acted in a manner which is professionally unethical according to ethical standards of the profession of acupuncture.

No person filing a complaint or reporting information pursuant to this section or assisting the committee or board at its request in any manner in discharging its duties and functions shall be liable in any cause of action arising out of receiving such information or assistance, providing the person making the complaint or reporting or providing such information or assistance does so in good faith and without malice.