HOUSE AMENDED
PRIOR PRINTER'S NOS. 1254, 1615 PRINTER'S NO. 1868
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
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 9, 2002
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 OF THE COMMONWEALTH that leads to a master's degree, <--
3 master's level certificate or diploma or first professional
4 degree, that meets the relevant and appropriate requirements of
5 22 Pa. Code (relating to education) and 24 Pa.C.S. Ch. 65
6 (relating to private colleges, universities and seminaries) and
7 that meets or exceeds the standards required by the <--
8 Accreditation Commission for Acupuncture and Oriental Medicine
9 or a similar nationally recognized accrediting body. FOR <--
10 ACUPUNCTURE OR ORIENTAL MEDICINE PROGRAMS ESTABLISHED BY AN
11 ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES DEPARTMENT OF
12 EDUCATION.
13 * * *
14 Section 2. Section 3 of the act, amended December 15, 1986
15 (P.L.1618, No.183), is amended to read:
16 Section 3. Regulation of the practice of acupuncture.
17 (a) Registration required.--Except as provided in subsection
18 [(e)] (g), an individual, including a physician, shall be
19 registered with one of the boards before the individual may
20 practice acupuncture in this Commonwealth. Individuals shall
21 renew their registrations biennially with the appropriate board.
22 (b) Regulations to be promulgated.--The boards shall each
23 promulgate regulations requiring the proper training of
24 individuals, including physicians, before they may be registered
25 to practice acupuncture in this Commonwealth. Proper training
26 shall include, to the extent determined by the appropriate
27 board, education or demonstrated experience in the practice of
28 acupuncture. If a board requires successful completion of a
29 written, oral or practical examination in order to qualify for
30 registration under this act, the examination shall be prepared
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1 and administered by a qualified and approved professional
2 testing organization in the manner required for written
3 examinations by section 812.1 of the act of April 9, 1929
4 (P.L.177, No.175), known as The Administrative Code of 1929. The
5 board may promulgate such other regulations as are deemed proper
6 and necessary regarding the practice of acupuncture. If an
7 individual is registered to practice acupuncture with one of the
8 boards, the individual shall be considered to have met the
9 requirements to be registered by the other board.
10 [(c) Practice to be under general supervision of a
11 physician.--An acupuncturist is not required to practice
12 acupuncture on the premises of the office of a physician;
13 however, an acupuncturist, other than a physician or a person
14 exempted as provided for in subsection (e), is required to
15 practice acupuncture under the general supervision of a
16 physician. The supervising physician is not required to be
17 registered with a board as an acupuncturist. "General
18 supervision" means the supervising physician shall:
19 (1) Perform a medical diagnostic examination or review
20 the results of a recently performed medical diagnostic
21 examination with respect to any ailment or condition to be
22 treated by acupuncture prior to such treatment.
23 (2) Be personally available for consultation on the
24 premises or be available by telephone contact, chart review
25 or other means approved by the appropriate board.
26 (3) Place conditions and restrictions on the course of
27 treatment if required as a matter of sound medical practice.]
28 (c) Practice of certain acupuncturists.--An acupuncturist,
29 other than a licensed physician or a person exempted as provided
30 for in subsection (h) shall, prior to administering the first
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1 treatment do all of the following:
2 (1) Ensure that the patient has secured a written
3 referral for treatment by acupuncture from a licensed
4 physician. A referral under this paragraph shall place
5 conditions and restrictions on the course of treatment if
6 required as a matter of sound medical practice.
7 (2) Ensure that the patient has undergone a medical
8 diagnostic examination or has had the results of a recently
9 performed medical diagnostic examination reviewed by a
10 licensed physician.
11 (3) Keep a copy of the referral and the results of the
12 medical diagnostic examination in the patient's file.
13 (d) Supervision of students in acupuncture educational
14 programs.--Nothing in this act shall prohibit students enrolled
15 in an acupuncture educational program from performing
16 acupuncture or supplemental acupuncture techniques in the course
17 of their instruction, provided that a licensed physician is
18 readily available for consultations and that an acupuncturist is
19 on site and responsible for the direct supervision of students.
20 (e) Faculty in acupuncture educational programs.--Nothing in
21 this act shall prohibit faculty teaching in an acupuncture
22 educational program or visiting guest lecturers from performing
23 acupuncture or supplemental acupuncture techniques in the course
24 of student instruction or during professional development
25 seminars, provided that such individuals are registered as
26 acupuncturists in this Commonwealth or registered as
27 acupuncturists in another jurisdiction recognized by this
28 Commonwealth and obtain temporary registration in this
29 Commonwealth.
30 (f) Supplemental techniques.--The practice of acupuncture
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1 shall also encompass, as regulated by the board, the use of
2 traditional and modern oriental therapeutics, heat therapy,
3 moxibustion, electrical and low-level laser stimulation,
4 acupressure and other forms of massage, herbal therapy and
5 counseling that shall include the therapeutic use of foods and
6 supplements and lifestyle modifications and any other techniques
7 approved by the board. These supplemental techniques may be for
8 use within the public domain or for use by any other licensed or
9 registered health professionals, according to State law and
10 regulation. None of the supplemental techniques under this
11 subsection shall be a mandated coverage under an insurance
12 policy.
13 [(d)] (g) Disciplinary and corrective measures.--
14 Acupuncturists registered with the State Board of Medicine shall
15 be subject to all disciplinary provisions applicable to medical
16 doctors as set forth in the act of December 20, 1985 (P.L.457,
17 No.112), known as the Medical Practice Act of 1985.
18 Acupuncturists registered with the State Board of Osteopathic
19 Medicine shall be subject to all disciplinary provisions
20 applicable to osteopathic medical doctors as set forth in the
21 act of October 5, 1978 (P.L.1109, No.261), known as the
22 Osteopathic Medical Practice Act.
23 [(e)] (h) Section not applicable to dentists, podiatrists
24 and veterinarians.--This section shall not apply to a dentist
25 performing acupuncture in connection with the practice of
26 dentistry, a podiatrist performing acupuncture in connection
27 with the practice of podiatry or a veterinarian performing
28 acupuncture on animals in connection with the practice of
29 veterinary medicine. The State Board of Dentistry with regard to
30 dentists, the State Board of Podiatry with regard to podiatrists
20010S1007B1868 - 5 -
1 and the State Board of Veterinary Medical Examiners with regard
2 to veterinarians shall assure that licensees of that board who
3 perform acupuncture have what that board determines to be the
4 proper education or demonstrated experience in the performance
5 of acupuncture.
6 Section 3. The act is amended by adding a section to read:
7 Section 6.1. Approval of acupuncture educational programs.
8 The Department of Education OF THE COMMONWEALTH shall approve <--
9 any acupuncture educational program that meets the relevant and
10 appropriate requirements of 22 Pa. Code (relating to education)
11 and 24 Pa.C.S. Ch. 65 (relating to private colleges,
12 universities and seminaries), that meets or exceeds the
13 standards required by the Accreditation Commission for <--
14 Acupuncture and Oriental Medicine or a similar nationally
15 recognized accrediting body. FOR ACUPUNCTURE OR ORIENTAL <--
16 MEDICINE PROGRAMS ESTABLISHED BY AN ACCREDITING AGENCY
17 RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION.
18 Section 4. This act shall take effect in 60 days.
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