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COLORADO MENTAL HEALTH JURISPRUDENCE
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To qualify for licensure, an applicant must present satisfactory proof to the Acupuncture Board that the applicant has met certain requirements. Which of the following is NOT a requirement to qualify for licensure: References: 205.203, Occ. Code; Board Rule 183.4(a) A) the applicant has an associate degree from an accredited community college or a four-year college or university; B) the applicant is a graduate of an acceptable approved acupuncture school or received and completed training which, in the opinion of the Acupuncture Board, was substantially equivalent to training provided by such a school; C) the applicant has taken and passed the CCAOM (Council of Colleges of Acupuncture and Oriental Medicine) Clean Needle Technique (CNT) course and practical examination; D) the applicant has successfully completed 60 semester hours of general academic college level courses, other than in acupuncture school. E) None of the above. - CORRECT ANSWER : It is not a requirement that an applicant have an associate degree from an accredited community college or a four-year college or university. To qualify for licensure, an applicant must present satisfactory proof to the Acupuncture Board that the applicant has met certain requirements. Which of the following are requirements to qualify for licensure? That the applicant: (1) is at least 21 years of age; (2) has taken and passed, within three attempts, each component of the full National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) examination;
(3) is able to communicate in English; (4) has successfully completed 90 semester hours of general academic college level courses, other than in Acupuncture school. - CORRECT ANSWER : To qualify for licensure, an applicant must present satisfactory proof to the Acupuncture Board that the applicant is at least 21 years of age; has taken and passed, within three attempts, each component of the full National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) examination; and is able to communicate in English.
Which of the following is NOT sufficient to demonstrate ability to communicate in English? References: Board Rule 183.4(a)(8) A Graduation from an acceptable approved school of acupuncture located in the United States or Canada; B An associate’s degree from an accredited community college or four-year college or university; C Passage of one of the four English language tests specified in the rules of the Medical Board; D At the discretion of the Acupuncture Board, passage of any other similar (to the four tests specified in the rules), validated examination testing English competency given by a testing service with results reported directly to the Acupuncture Board; E None of the above. - CORRECT ANSWER : An associate’s degree from an accredited community college or four-year college is not sufficient to demonstrate ability to communicate in English. The jurisprudence examination is to cover which of the following subjects? (1) Policies of the Texas Acupuncture Board and the Texas Medical Board applicable to the professional practice of acupuncture in this state and, in special circumstances, neighboring states;
An acupuncturist may not prescribe dangerous drugs or controlled substances under an acupuncture license.
Which of the following are grounds for license denial or disciplinary action by the Board? The acupuncturist: (1) drinks moderately in the evening and is not impaired the following morning when the acupuncturists sees patients; (2) Has a one-time arrest for driving while intoxicated? (3) Intemperately uses drugs or intoxicating liquors to an extent that, in the opinion of the Board, could endanger the lives of patients; (4) is unable to practice acupuncture 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 because of any mental or physical condition. References: 205.351, Occ. Code A (1) and (2); B (2) and (3); C (2) and (4); D (3) and (4); E None of the above. - CORRECT ANSWER : The Board has grounds for license denial or disciplinary action against an acupuncturist who intemperately uses drugs or intoxicating liquors to an extent that, in the opinion of the Board, could endanger the lives of patients; or is unable to practice acupuncture 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 because of any mental or physical condition.
Which of the following are grounds for license denial or disciplinary action by the Board? The acupuncturist: (1) fails to practice acupuncture in an acceptable manner consistent with public health and welfare; (2) violates the Acupuncture Act or a rule adopted under the Acupuncture Act; (3) engages in unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure a member of the public. References: 205.351, Occ. Code A (1); B (2); C (3); D (1) and (2); E (1), (2) and (3). - CORRECT ANSWER : The Board has grounds for license denial or disciplinary action against an acupuncturist who fails to practice acupuncture in an acceptable manner consistent with public health and welfare; violates the Acupuncture Act or a rule adopted under the Acupuncture Act; or engages in unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure a member of the public.
Which of the following are grounds for license denial or disciplinary action by the Board? If the acupuncturist: (1) 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;
B (2);
C (3);
D (4);
E (1), (2), and (3). - CORRECT ANSWER : Becoming financially or personally involved with a patient in an inappropriate manner; failing to comply with a Board subpoena or request for information or action; and failing to maintain the confidentiality of a patient constitute unprofessional and dishonorable conduct likely to deceive, defraud, or injure the public within the meaning of the Acupuncture Act. On finding that grounds exist to deny a license or take disciplinary action against an acupuncturist, the Board may choose the following action: References: 205.352, Occ. Code 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's license, including limiting the practice of the person to, or excluding from the practice, one or more specified activities of acupuncture or stipulating periodic review by the Acupuncture Board; E Any of the above. - CORRECT ANSWER : The Board may: require the person to submit to the care, counseling, or treatment of a health care practitioner; require the person to participate in a program of education or counseling prescribed by the Board; require the person to practice under the direction of an acupuncturist designated by the acupuncture board for a specified period of time; or suspend, limit, or restrict the person's license, including limiting the practice of the person to, or excluding from the practice, one or more specified activities of acupuncture or stipulating periodic review by the acupuncture board.
An acupuncturist may perform acupuncture on a person if the person: References: 205.301, 205.302, Occ. Code; Board Rule 183. 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 priior referral; E All of the above. - CORRECT ANSWER : An acupuncturist may perform acupuncture on a person if the person was evaluated by a physician or dentist, as appropriate, for the condition being treated within twelve months before the date acupuncture was performed.
An acupuncturist treating a person referred by a chiropractor shall refer that person to a physician after performing acupuncture: References: 205.301(c), Occ. Code; Board Rule 183.7(d) A 10 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;
B 20 times or for 60 days, whichever occurs first, if substantial improvement does not occur in the person's condition for which the referral was made;
whichever occurs first, there is no substantial improvement of the patient's chronic pain; D An acupuncturist may not treat a person for chronic pain;
E None of the above. - CORRECT ANSWER : An acupuncturist treating a person for chronic pain must 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 chronic pain. An acupuncturist treating a person for alcoholism or substance abuse must: References: 305.301(d), Occ. Code; Board Rule 183.7(e) 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 no 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. - CORRECT ANSWER : An acupuncturist treating a person for alcoholism or substance abuse must 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.
E (1) or (3). - CORRECT ANSWER : The board may require a licensee or applicant to submit to 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 either sworn statements from two people, willing to testify before the Board, or a sworn statement of an official representative of the Texas Association of Acupuncturists or the Texas Association of Acupuncture and Oriental Medicine stating that the representative is willing to testify before the board the Board that a certain licensee or applicant is impaired. When is an acupuncturist's license subject to renewal? References: 205.251, Occ. Code A Every three years; B Biennially;
C Semi-annually; D Annually; E None of the above. - CORRECT ANSWER : An acupuncturist's license is subject to renewal annually. For an acupuncturist whose license has expired, which of the following is true? The acupuncturist: References: 205.253(a), Occ. Code A May 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 has been 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. - CORRECT ANSWER : An acupuncturist whose license has expired may not practice after the expiration date of the license until the license has been renewed. Practicing after the expiration date of a license: (1) may subject the acupuncturist to a written warning; (2) may subject the acupuncturist to disciplinary action by the Board; (3) may subject the acupuncturist to criminal penalties for practicing without a license. References: 205.351(a)(11); 205.401, Occ. Code A (1) and (2); B (2) and (3); C (1) and (3); D (1), (2), and (3); E None are correct. - CORRECT ANSWER : Practicing after the expiration date of a license and any grace period may subject the acupuncturist to disciplinary action by the Board and to criminal penalties for practicing without a license.
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 by paying the required renewal fee before the expiration date of the license; (2) if the person's license has been expired for 90 days or less, renew the license by paying a fee in an amount
equal to one and one-half times the required renewal fee;
E None of the above. - CORRECT ANSWER : As a prerequisite to the annual registration of the license of an acupuncturist, the acupuncturist must complete17 hours of continuing acupuncture education each year.
The hours of continuing acupuncture education (CAE) that an acupuncturist is required to complete each year must be from courses that meet which of the following requirements? (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 three years by another state acupuncture board having first gone through a formal approval process. References: Board Rule 183.20(b) A (1); B (1) or (2); C (1) or (3); D (2) or (3); E (1), (2) or (3). - CORRECT ANSWER : The required hours for CAE shall be from courses that: (a) are designated or otherwise approved for credit by the Texas State Board of Acupuncture Examiners at the time the courses were taken based on a review and recommendation of the course content by the Education Committee of the board; (b) are offered by approved providers; or (c) have been approved for CAE credit for a minimum of three years by another state acupuncture board having first gone through a formal approval process. With respect to the continuing acupuncture education hours that an acupuncturist is required to complete each year, which of the following is true? (1) at least eight hours shall be in general acupuncture;
(2) at least one hour shall be from a course in ethics; (3) at least two hours shall be in herbology. References: Board Rule 183.20(b) A (1) and (2); B (2) and (3); C (3); D (1) and (3); E (1), (2) and (3). - CORRECT ANSWER : An acupuncturist must complete at least eight hours in general acupuncture; at least one hour in ethics; and at least two hours in herbology.
With respect to the continuing acupuncture education hours that an acupuncturist is required to complete each year, which of the following is true? (1) no more than two of the required hours may be from courses that 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. References: Board Rule 183.20(b) A (1); B (2); C (3); D (1) and (3); E None of the above. - CORRECT ANSWER : Of the continuing acupuncture education hours that an acupuncturist is required to complete each year, no more than two of the required hours may be from courses that primarily relate to practice enhancement or business or office administration. Regarding continuing acupuncture education, which of the following is true?
(1) catastrophic illness; (2) military service of longer than six months outside of the United States; (3) acupuncture practice and residence of longer than one year outside of Texas; (4) for any reason showing a hardship on the acupuncturist. References: Board Rule 183.20(d) and (e) A (1); B (1) and (2); C (1), (2), and (3); D (1), (2), and (4); E (1), (2), (3) and (4). - CORRECT ANSWER : An acupuncturist may be exempt under the Board's rules, subject to approval by the executive director, from the annual minimum continuing acupuncture education requirements in cases of catastrophic illness, military service of longer than one year, acupuncture practice and residence of longer than one year outside of the United States, or for good cause showing that the acupuncturist is unable to comply with the requirements. For the purpose of directing complaints to the Board, an acupuncturist must provide, in English and Spanish, notification to the public of the name, mailing address, and telephone number of the Board. Which of the following are authorized methods of providing the required notification? (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 for services; (4) on the back of business cards readily available at the place of check-in for patients. References: 205.152, Occ. Code; Board Rule 183.11; 178.
A (1);
B (1) and (2); C (1), (2), and (3); D (1), (2), (3), and (4); E (2), (3), and (4). - CORRECT ANSWER : For the purpose of directing complaints to the Board, an acupuncturist must provide, in English and Spanish, notification to the public of the name, mailing address, and telephone number of the Board by placing the Board-approved notification language on a sign prominently displayed in the place of business of the acupuncturist, in each bill for service provided or on each registration form, application, or written contract for services. 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: References: 205.152, Occ. Code; Board Rule 183.11; 178. A May be modified to more accurately reflect the acupuncturist's practice; B Must be in English and Spanish; C Must be in English, Spanish and Chinese; D May be in the language of the majority of the acupuncturist's patients; E None of the above. - CORRECT ANSWER : The language must be in English and Spanish. 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? References: Board Rule 183.8(b)(1) A 14 days of the request; B 31 days of the request;
