PRINTER'S NO. 1917
No. 1235 Session of 2006
INTRODUCED BY RHOADES, BOSCOLA, ERICKSON, WONDERLING,
C. WILLIAMS, WASHINGTON AND O'PAKE, JUNE 22, 2006
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 22, 2006
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," further providing for regulation of the practice of
5 acupuncture; and providing for medical diagnosis.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3(b) and (c) of the act of February 14,
9 1986 (P.L.2, No.2), known as the Acupuncture Registration Act,
10 amended May 16, 2002 (P.L.326, No.49), are amended and the
11 section is amended by adding a subsection to read:
12 Section 3. Regulation of the practice of acupuncture.
13 * * *
14 (a.1) Requirements for registration as a practitioner of
15 oriental medicine.--
16 (1) An acupuncturist who also uses Chinese herbal
17 therapy shall be registered by the board as a practitioner of
18 oriental medicine.
19 (2) The board shall register an acupuncturist as a
1 practitioner of oriental medicine if the registrant, in
2 addition to meeting the requirements under section ????, has
3 fulfilled one of the following:
4 (i) Successfully completed an acupuncture education
5 program that includes the study of Chinese herbology and
6 has passed the National Certification Commission for
7 Acupuncture and Oriental Medicine (NCCAOM) examination
8 component on Chinese herbology.
9 (ii) Has obtained NCCAOM certification in Chinese
10 herbology or oriental medicine, which shall include
11 passing the NCCAOM examination component in Chinese
12 herbology.
13 (3) An acupuncturist registered with the board before
14 the effective date of this subsection may obtain registration
15 as a practitioner of oriental medicine if the acupuncturist
16 can demonstrate one of the following:
17 (i) Successful completion of a Chinese herbology or
18 oriental medicine education program.
19 (ii) Successful completion of an examination in
20 Chinese herbology or oriental medicine recognized by the
21 licensing authority of another state or United States
22 territory for the practice of Chinese herbology or
23 oriental medicine.
24 (iii) NCCAOM certification in Chinese herbology or
25 oriental medicine.
26 (b) Regulations to be promulgated.--The boards shall each
27 promulgate regulations requiring the proper training of
28 individuals, including physicians, before they may be registered
29 to practice acupuncture in this Commonwealth. Proper training
30 shall include, to the extent determined by the appropriate
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1 board, education or demonstrated experience in the practice of
2 acupuncture. If a board requires successful completion of a
3 written, oral or practical examination in order to qualify for
4 registration under this act, the examination shall be prepared
5 and administered by a qualified and approved professional
6 testing organization in the manner required for written
7 examinations by section 812.1 of the act of April 9, 1929
8 (P.L.177, No.175), known as The Administrative Code of 1929. If
9 the examination was not taken in English but is otherwise
10 acceptable to the board and a passing score was secured, the
11 board shall accept the examination result if the applicant has
12 also secured a score of 550 on the Test of English as a Foreign
13 Language and a passing score of 180 on a Test of Spoken English.
14 The board may promulgate such other regulations as are deemed
15 proper and necessary regarding the practice of acupuncture. If
16 an individual is registered to practice acupuncture with one of
17 the boards, the individual shall be considered to have met the
18 requirements to be registered by the other board.
19 [(c) Practice of certain acupuncturists.--An acupuncturist,
20 other than a licensed physician or a person exempted as provided
21 for in subsection (h), shall, prior to administering the first
22 treatment, do all of the following:
23 (1) Ensure that the patient has secured a written
24 referral for treatment by acupuncture from a licensed
25 physician. A referral under this paragraph shall place
26 conditions and restrictions on the course of treatment if
27 required as a matter of sound medical practice.
28 (2) Ensure that the patient has undergone a medical
29 diagnostic examination or has had the results of a recently
30 performed medical diagnostic examination reviewed by a
20060S1235B1917 - 3 -
1 licensed physician.
2 (3) Keep a copy of the referral and the results of the
3 medical diagnostic examination in the patient's file.]
4 * * *
5 Section 2. The act is amended by adding a section to read:
6 Section 3.1. Medical diagnosis.
7 (1) Except as provided in paragraph (2), an
8 acupuncturist may treat a person's condition without the
9 condition being diagnosed by a licensed physician, dentist or
10 podiatrist for 60 calendar days from the date of the first
11 treatment.
12 (2) An acupuncturist may treat a person's condition
13 beyond 60 calendar days from the date of the first treatment
14 if the person obtained a diagnosis of the treated condition
15 from a licensed physician, dentist or podiatrist.
16 Section 3. This act shall take effect in 60 days.
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