Board staff lists top 10 enforcement violations; committee urges outreach to schools and practitioners

Board staff told the Enforcement Committee it had compiled the board’s most common enforcement violations and that distribution to practitioners and schools could reduce incidents that lead to discipline.

Staff said the list of common violations that result in disciplinary action is ordered roughly by prevalence and included convictions/arrests, unlawful practice (unlicensed practice), failure to register address changes, unregistered practice locations or failure to display a license, negligence or incompetence (including leaving needles in patients or burns), malpractice settlements above $3,000, sexual misconduct, infection-control failures, discipline by other jurisdictions, and failure to notify the board of a false or assumed name.

Ben Bodea, the board’s executive officer, emphasized reporting and informed consent as recurring problems. He said: “It is really important that you as a practitioner are communicating to your patient what you are going to be doing.” Staff also noted that settlements at or above $3,000 must be reported to the board.

Public commenters supported broad distribution of the list. Neil Miller (CalATMA) recommended sending the list to every acupuncture school and asked whether the wall-license policy and its costs had produced measurable benefits. Marilyn Allen (American Acupuncture Council) noted clinical harms the board sees most often—burns and pneumothorax—and urged improved practitioner education and patient counseling about risks.

Staff also told the committee the board uses national databases, including federal fingerprint and National Practitioner Data Bank checks, to find out-of-state disciplinary actions when applicants apply for licensure.

Ending: The committee encouraged staff to post the top-10 list publicly and said it would report the discussion to the full board.