PRIOR PRINTER'S NO. 1254 PRINTER'S NO. 1615
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
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED, DECEMBER 11, 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 20010S1007B1615 - 2 -
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 DO ALL OF THE FOLLOWING: <-- 29 (1) ensure ENSURE that the patient has secured a written <-- 30 referral for treatment by acupuncture from a licensed 20010S1007B1615 - 3 -
1 physician. A REFERRAL UNDER THIS PARAGRAPH SHALL PLACE <-- 2 CONDITIONS AND RESTRICTIONS ON THE COURSE OF TREATMENT IF 3 REQUIRED AS A MATTER OF SOUND MEDICAL PRACTICE. 4 (2) ensure ENSURE that the patient has undergone a <-- 5 medical diagnostic examination or has had the results of a 6 recently performed medical diagnostic examination reviewed by 7 a licensed physician; and. <-- 8 (3) keep KEEP a copy of the referral and the results of <-- 9 the medical diagnostic examination in the patient's file. 10 (d) Supervision of students in acupuncture educational 11 programs.--Nothing in this act shall prohibit students enrolled 12 in an acupuncture educational program from performing 13 acupuncture or supplemental acupuncture techniques in the course 14 of their instruction, provided that a licensed physician is 15 readily available for consultations and that an acupuncturist is 16 on site and responsible for the direct supervision of students. 17 (e) Faculty in acupuncture educational programs.--Nothing in 18 this act shall prohibit faculty teaching in an acupuncture 19 educational program or visiting guest lecturers from performing 20 acupuncture or supplemental acupuncture techniques in the course 21 of student instruction or during professional development 22 seminars, provided that such individuals are registered as 23 acupuncturists in this Commonwealth or registered as 24 acupuncturists in another jurisdiction recognized by this 25 Commonwealth and obtain temporary registration in this 26 Commonwealth. 27 (f) Supplemental techniques.--The practice of acupuncture 28 shall also encompass, as regulated by the board, the use of 29 traditional and modern oriental therapeutics, heat therapy, 30 moxibustion, electrical and low-level laser stimulation, 20010S1007B1615 - 4 -
1 acupressure and other forms of massage, herbal therapy and 2 counseling that shall include the therapeutic use of foods and 3 supplements and lifestyle modifications and any other techniques 4 approved by the board. These supplemental techniques may be for 5 use within the public domain or for use by any other licensed or 6 registered health professionals, according to State law and 7 regulation. NONE OF THE SUPPLEMENTAL TECHNIQUES UNDER THIS <-- 8 SUBSECTION SHALL BE A MANDATED COVERAGE UNDER AN INSURANCE 9 POLICY. 10 [(d)] (g) Disciplinary and corrective measures.-- 11 Acupuncturists registered with the State Board of Medicine shall 12 be subject to all disciplinary provisions applicable to medical 13 doctors as set forth in the act of December 20, 1985 (P.L.457, 14 No.112), known as the Medical Practice Act of 1985. 15 Acupuncturists registered with the State Board of Osteopathic 16 Medicine shall be subject to all disciplinary provisions 17 applicable to osteopathic medical doctors as set forth in the 18 act of October 5, 1978 (P.L.1109, No.261), known as the 19 Osteopathic Medical Practice Act. 20 [(e)] (h) Section not applicable to dentists, podiatrists 21 and veterinarians.--This section shall not apply to a dentist 22 performing acupuncture in connection with the practice of 23 dentistry, a podiatrist performing acupuncture in connection 24 with the practice of podiatry or a veterinarian performing 25 acupuncture on animals in connection with the practice of 26 veterinary medicine. The State Board of Dentistry with regard to 27 dentists, the State Board of Podiatry with regard to podiatrists 28 and the State Board of Veterinary Medical Examiners with regard 29 to veterinarians shall assure that licensees of that board who 30 perform acupuncture have what that board determines to be the 20010S1007B1615 - 5 -
1 proper education or demonstrated experience in the performance 2 of acupuncture. 3 Section 3. The act is amended by adding a section to read: 4 Section 6.1. Approval of acupuncture educational programs. 5 The Department of Education shall approve any acupuncture 6 educational program that meets the relevant and appropriate 7 requirements of 22 Pa. Code (relating to education) and 24 8 Pa.C.S. Ch. 65 (relating to private colleges, universities and 9 seminaries), that meets or exceeds the standards required by the 10 Accreditation Commission for Acupuncture and Oriental Medicine 11 or a similar nationally recognized accrediting body. 12 Section 4. This act shall take effect in 60 days. E31L63MSP/20010S1007B1615 - 6 -