PRINTER'S NO. 1254
No. 1007 Session of 2001
INTRODUCED BY RHOADES, DENT, TOMLINSON, LAVALLE, KUKOVICH,
BOSCOLA, CONTI, THOMPSON, KITCHEN, KASUNIC, CORMAN, GERLACH,
BODACK, TARTAGLIONE, PUNT, WAUGH, STOUT, O'PAKE, HUGHES,
SCHWARTZ, WOZNIAK AND STACK, JUNE 21, 2001
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 21, 2001
AN ACT
1 Amending the act of February 14, 1986 (P.L.2, No.2), entitled
2 "An act regulating the right to practice acupuncture;
3 requiring the registration of acupuncturists; and providing a
4 penalty," providing for the definition of "acupuncture
5 educational program"; and further providing for the
6 regulations of the practice of acupuncture.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 2 of the act of February 14, 1986 (P.L.2,
10 No.2), known as the Acupuncture Registration Act, is amended by
11 adding a definition to read:
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 * * *
17 "Acupuncture educational program." Training and instruction
18 in acupuncture or supplemental acupuncture techniques offered by
1 a degree-granting institution authorized by the Department of
2 Education that leads to a master's degree, master's level
3 certificate or diploma or first professional degree, that meets
4 the relevant and appropriate requirements of 22 Pa. Code
5 (relating to education) and 24 Pa.C.S. Ch. 65 (relating to
6 private colleges, universities and seminaries) and that meets or
7 exceeds the standards required by the Accreditation Commission
8 for Acupuncture and Oriental Medicine or a similar nationally
9 recognized accrediting body.
10 * * *
11 Section 2. Section 3 of the act, amended December 15, 1986
12 (P.L.1618, No.183), is amended to read:
13 Section 3. Regulation of the practice of acupuncture.
14 (a) Registration required.--Except as provided in subsection
15 [(e)] (g), an individual, including a physician, shall be
16 registered with one of the boards before the individual may
17 practice acupuncture in this Commonwealth. Individuals shall
18 renew their registrations biennially with the appropriate board.
19 (b) Regulations to be promulgated.--The boards shall each
20 promulgate regulations requiring the proper training of
21 individuals, including physicians, before they may be registered
22 to practice acupuncture in this Commonwealth. Proper training
23 shall include, to the extent determined by the appropriate
24 board, education or demonstrated experience in the practice of
25 acupuncture. If a board requires successful completion of a
26 written, oral or practical examination in order to qualify for
27 registration under this act, the examination shall be prepared
28 and administered by a qualified and approved professional
29 testing organization in the manner required for written
30 examinations by section 812.1 of the act of April 9, 1929
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1 (P.L.177, No.175), known as The Administrative Code of 1929. The
2 board may promulgate such other regulations as are deemed proper
3 and necessary regarding the practice of acupuncture. If an
4 individual is registered to practice acupuncture with one of the
5 boards, the individual shall be considered to have met the
6 requirements to be registered by the other board.
7 [(c) Practice to be under general supervision of a
8 physician.--An acupuncturist is not required to practice
9 acupuncture on the premises of the office of a physician;
10 however, an acupuncturist, other than a physician or a person
11 exempted as provided for in subsection (e), is required to
12 practice acupuncture under the general supervision of a
13 physician. The supervising physician is not required to be
14 registered with a board as an acupuncturist. "General
15 supervision" means the supervising physician shall:
16 (1) Perform a medical diagnostic examination or review
17 the results of a recently performed medical diagnostic
18 examination with respect to any ailment or condition to be
19 treated by acupuncture prior to such treatment.
20 (2) Be personally available for consultation on the
21 premises or be available by telephone contact, chart review
22 or other means approved by the appropriate board.
23 (3) Place conditions and restrictions on the course of
24 treatment if required as a matter of sound medical practice.]
25 (c) Practice of certain acupuncturists.--An acupuncturist,
26 other than a licensed physician or a person exempted as provided
27 for in subsection (h) shall, prior to administering the first
28 treatment:
29 (1) ensure that the patient has secured a written
30 referral for treatment by acupuncture from a licensed
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1 physician;
2 (2) ensure that the patient has undergone a medical
3 diagnostic examination or has had the results of a recently
4 performed medical diagnostic examination reviewed by a
5 licensed physician; and
6 (3) keep a copy of the referral and the results of the
7 medical diagnostic examination in the patient's file.
8 (d) Supervision of students in acupuncture educational
9 programs.--Nothing in this act shall prohibit students enrolled
10 in an acupuncture educational program from performing
11 acupuncture or supplemental acupuncture techniques in the course
12 of their instruction, provided that a licensed physician is
13 readily available for consultations and that an acupuncturist is
14 on site and responsible for the direct supervision of students.
15 (e) Faculty in acupuncture educational programs.--Nothing in
16 this act shall prohibit faculty teaching in an acupuncture
17 educational program or visiting guest lecturers from performing
18 acupuncture or supplemental acupuncture techniques in the course
19 of student instruction or during professional development
20 seminars, provided that such individuals are registered as
21 acupuncturists in this Commonwealth or registered as
22 acupuncturists in another jurisdiction recognized by this
23 Commonwealth and obtain temporary registration in this
24 Commonwealth.
25 (f) Supplemental techniques.--The practice of acupuncture
26 shall also encompass, as regulated by the board, the use of
27 traditional and modern oriental therapeutics, heat therapy,
28 moxibustion, electrical and low-level laser stimulation,
29 acupressure and other forms of massage, herbal therapy and
30 counseling that shall include the therapeutic use of foods and
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1 supplements and lifestyle modifications and any other techniques
2 approved by the board. These supplemental techniques may be for
3 use within the public domain or for use by any other licensed or
4 registered health professionals, according to State law and
5 regulation.
6 [(d)] (g) Disciplinary and corrective measures.--
7 Acupuncturists registered with the State Board of Medicine shall
8 be subject to all disciplinary provisions applicable to medical
9 doctors as set forth in the act of December 20, 1985 (P.L.457,
10 No.112), known as the Medical Practice Act of 1985.
11 Acupuncturists registered with the State Board of Osteopathic
12 Medicine shall be subject to all disciplinary provisions
13 applicable to osteopathic medical doctors as set forth in the
14 act of October 5, 1978 (P.L.1109, No.261), known as the
15 Osteopathic Medical Practice Act.
16 [(e)] (h) Section not applicable to dentists, podiatrists
17 and veterinarians.--This section shall not apply to a dentist
18 performing acupuncture in connection with the practice of
19 dentistry, a podiatrist performing acupuncture in connection
20 with the practice of podiatry or a veterinarian performing
21 acupuncture on animals in connection with the practice of
22 veterinary medicine. The State Board of Dentistry with regard to
23 dentists, the State Board of Podiatry with regard to podiatrists
24 and the State Board of Veterinary Medical Examiners with regard
25 to veterinarians shall assure that licensees of that board who
26 perform acupuncture have what that board determines to be the
27 proper education or demonstrated experience in the performance
28 of acupuncture.
29 Section 3. The act is amended by adding a section to read:
30 Section 6.1. Approval of acupuncture educational programs.
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1 The Department of Education shall approve any acupuncture
2 educational program that meets the relevant and appropriate
3 requirements of 22 Pa. Code (relating to education) and 24
4 Pa.C.S. Ch. 65 (relating to private colleges, universities and
5 seminaries), that meets or exceeds the standards required by the
6 Accreditation Commission for Acupuncture and Oriental Medicine
7 or a similar nationally recognized accrediting body.
8 Section 4. This act shall take effect in 60 days.
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