three.1 On December 20, 1999, Licensee was convicted of driving underneath the affect of an intoxicant in Wabasha County, Minnesota, immediately after acquiring been arrested on Oct 27, 1999 and established to own a blood alcohol material of .21%.
3.two Although Licensee was licensed to apply acupuncture in Oregon in 2004 he was also licensed to apply within the State of Ny. In 2005, the professional medical clinic in Ny the place Licensee practiced acupuncture was investigated by legislation enforcement authorities for insurance plan billing fraud. The investigation proven that Licensee knew that the place of work manager directed health care suppliers to falsify treatment notes in help of fake or fraudulent claims for reimbursement less than no-fault insurance regulations. Licensee was established to have created a fake entry in his acupuncture treatment notes that would assistance a fraudulent claim. On February ten, 2005, Licensee was uncovered responsible pursuant to his plea of delivering a bogus instrument inside the very first diploma, a class E felony, and falsifying organization information while in the 2nd diploma, a category A misdemeanor, within the State of The big apple. Licensee faced a maximum sentence of 1 and also a third to 4 decades of confinement. As part of his guilty plea, Licensee entered right into a Plea and Cooperation Arrangement with all the District Lawyer of your country of Ny, wherein Licensee promised to “surrender any and all licenses to carry out acupuncture, together with his Ny, New Jersey and Oregon licenses, and shall finish and file using the ideal company license surrender sorts which will be given from the District Attorney’s Office environment. [Licensee] shall not reapply for any acupuncture license to get a period of 3 ages.” Due to his cooperation, on December 20, 2007, License was allowed to withdraw his guilty plea also to plead responsible to one rely of Delivering a False Instrument for Filing during the Second Degree, a category A misdemeanor.
three.three Licensee sent a letter to the Board dated February seven, 2005, wherein he informed the Board that: “Effective instantly I might love to voluntarily surrender my license to practice acupuncture from the State of Oregon.” Licensee didnt report the criminal investigation or his conviction or perhaps the phrases of his
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sentence to the Board. Subsequently, the Board, which was unaware from the criminal investigation and conviction in New york, authorized Licensee to maintain an inactive license. Within a letter to the Board dated June 3, 2005, Licensee said the next: “Due to an adjust in strategies, I am returning to apply and retaining my active license. Enclosed is my follow location in addition to my new residence location.” Subsequently, the Board reactivated his license, all over again becoming unaware of the criminal investigation and conviction in The big apple.
3.4 Licensee submitted an software for the license to follow in Oregon that was dated April 27, 2004. He subsequently applied for program license renewals in an software dated May well 2, 2006, and an software dated April 12, 2008. Licensee admits that he furnished the answers a mentioned underneath into the adhering to queries in his programs for licensure, and also the Board finds that his answers had been untruthful:
The 2004 application, Classification I, Question #7 asked: “Have you actually been convicted of a felony or misdemeanor?” Licensee answered “no”.
The 2004 software Category II, Query #4 asked: “Within the past 5 several years, have you engaged while in the extreme or habitual utilization of alcohol or illegal medications, or obtained any in-patient therapy/treatment or been hospitalized for alcoholism, or illegal drug use, or been arrested for any DUII (Driving underneath the Affect of Intoxicants) or DWI (Driving Whilst Intoxicated)? Licensee answered “no”.
The 2006 license renewal application, Classification I, Class I, Issue #5 asked during the time period of 7/1/04 into the present (5/2/06): “Have you been convicted of a felony or misdemeanor in any state?” Licensee answered “no”.
The 2006 license renewal software, Class, Query #6 asked throughout the period of time of 7/1/04 for the existing (5/2/06): “Have you at any time been or do you think youre now the topic of any criminal or civil investigation?” Licensee answered “no”.
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The 2008 license renewal software, Classification I, Question #5 asked throughout the period of 7/1/06 on the existing (4/12/08): “Have you been arrested, convicted of, or pled guilty or “nolo contendere” to ANY offense while in the United states or any foreign state, apart from small targeted traffic violations, or even a compound use associated offense which has been evaluated from the Oregon Well-being Experts Plan so you are in compliance with their suggestions? Licensee answered “no”.
The 2008 license renewal software, Class I, Problems #11 asked throughout the period of 7/1/06 on the current (4/12/08): “Have you been contacted by or asked to produce a reaction to any governmental agency in almost any jurisdiction pertaining to any criminal or civil investigation of which you happen to be the subject, no matter whether or not a charge, claim or submitting with a court actually occurred?” Licensee answered “no”.
three.5 In 2009, the Board realized that Licensee (via his organization “Alliance Acupuncture, LLC) was promotion occupation positions for “Acupuncture Assistants” at clinics in Portland and Seattle. The positions expected applicants to to begin with finish a program (by having an enrollment fee of $149) to be a prerequisite to building their eligibility for an occupation. Licensee labeled the class as the “Acupuncture Guidance Certification Program.” His software was ostensibly sponsored through the “National Acupuncture Assistant Certification Council (NAACC).” The NAACC was a paper organization without authority or standing which was created and promoted by Licensee as part of a misleading marketing scheme.
three.six On April twenty five, 2009, Licensee was noticed driving in an erratic manner. Responding for the scene, a Marion County Deputy Sheriff decided that Licensee gave the impression to be intoxicated. Licensee was unable to complete any subject sobriety assessments and admitted to owning consumed about nine beers. Licensee was subsequently arrested and cited for driving underneath the affect of an intoxicant
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