NAC634A.170. Grounds for disciplinary action.

The Board considers the following acts to be unethical and unprofessional conduct warranting appropriate disciplinary action:

     1. The division or “splitting” of fees with another licensee, unless the other licensee has actually rendered services, other than referral, to the first licensee in connection with one or more of his or her patients. A person licensed by this Board shall not:

     (a) Employ another to solicit or obtain, or remunerate another for soliciting or obtaining, professional employment for the licensee.

     (b) Directly or indirectly share with an unlicensed person any compensation arising out of or incidental to professional employment.

     (c) Directly or indirectly aid or abet an unlicensed person to practice Oriental medicine, acupuncture or herbal medicine or to receive compensation therefrom.

     2. The use of any testimonial, whether paid for or not, to solicit or encourage use of the licensee’s services by members of the public.

     3. The making or publishing, or causing to be made or published, any advertisement, offer, statement or other form of representation, oral or written, which directly or by implication is false, misleading or deceptive. It is sufficient in bringing any proceeding for violation of this subsection that any advertising of the type referred to has a tendency to deceive, mislead or be harmful to the public even though no member of the public is actually deceived, misled or harmed by the advertising. As used in this subsection, “advertisement” includes, without limitation:

     (a) Any calling card, indoor or outdoor sign, stationery, or listing in a telephone directory or other directory;

     (b) Any advertisement in a newspaper or magazine; and

     (c) Any advertisement made through electronic means, including, without limitation, an advertisement placed on the Internet.

     4. The use of any fictitious name that has not been approved by the Board.

     [Bd. of Oriental Med., Art. VIII § 1, eff. 4-26-74; A 4-4-78; § 4, eff. 4-26-74; A and renumbered as § 2, 4-4-78; § 5, eff. 4-26-74; A and renumbered as § 3, 4-4-78]—(NAC A 1-22-92; R071-02, 11-25-2002)