PRIOR PRINTER'S NOS. 1254, 1615, 1868 PRINTER'S NO. 1956
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
SENATE AMENDMENTS TO HOUSE AMENDMENTS, APRIL 29, 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
19 a degree-granting institution authorized by the Department of
1 Education of the Commonwealth that leads to a master's degree,
2 master's level certificate or diploma or first professional
3 degree, that meets the relevant and appropriate requirements of
4 22 Pa. Code (relating to education) and 24 Pa.C.S. Ch. 65
5 (relating to private colleges, universities and seminaries) and
6 that meets or exceeds the standards required for acupuncture or
7 oriental medicine programs established by an accrediting agency
8 recognized by the United States Department of Education.
9 * * *
10 Section 2. Section 3 of the act, amended December 15, 1986
11 (P.L.1618, No.183), is amended to read:
12 Section 3. Regulation of the practice of acupuncture.
13 (a) Registration required.--Except as provided in subsection
14 [(e)] (g) (H), an individual, including a physician, shall be <--
15 registered with one of the boards before the individual may
16 practice acupuncture in this Commonwealth. Individuals shall
17 renew their registrations biennially with the appropriate board.
18 (b) Regulations to be promulgated.--The boards shall each
19 promulgate regulations requiring the proper training of
20 individuals, including physicians, before they may be registered
21 to practice acupuncture in this Commonwealth. Proper training
22 shall include, to the extent determined by the appropriate
23 board, education or demonstrated experience in the practice of
24 acupuncture. If a board requires successful completion of a
25 written, oral or practical examination in order to qualify for
26 registration under this act, the examination shall be prepared
27 and administered by a qualified and approved professional
28 testing organization in the manner required for written
29 examinations by section 812.1 of the act of April 9, 1929
30 (P.L.177, No.175), known as The Administrative Code of 1929. The
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1 board may promulgate such other regulations as are deemed proper
2 and necessary regarding the practice of acupuncture. If an
3 individual is registered to practice acupuncture with one of the
4 boards, the individual shall be considered to have met the
5 requirements to be registered by the other board.
6 [(c) Practice to be under general supervision of a
7 physician.--An acupuncturist is not required to practice
8 acupuncture on the premises of the office of a physician;
9 however, an acupuncturist, other than a physician or a person
10 exempted as provided for in subsection (e), is required to
11 practice acupuncture under the general supervision of a
12 physician. The supervising physician is not required to be
13 registered with a board as an acupuncturist. "General
14 supervision" means the supervising physician shall:
15 (1) Perform a medical diagnostic examination or review
16 the results of a recently performed medical diagnostic
17 examination with respect to any ailment or condition to be
18 treated by acupuncture prior to such treatment.
19 (2) Be personally available for consultation on the
20 premises or be available by telephone contact, chart review
21 or other means approved by the appropriate board.
22 (3) Place conditions and restrictions on the course of
23 treatment if required as a matter of sound medical practice.]
24 (c) Practice of certain acupuncturists.--An acupuncturist,
25 other than a licensed physician or a person exempted as provided
26 for in subsection (h) shall, prior to administering the first
27 treatment do all of the following:
28 (1) Ensure that the patient has secured a written
29 referral for treatment by acupuncture from a licensed
30 physician. A referral under this paragraph shall place
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1 conditions and restrictions on the course of treatment if
2 required as a matter of sound medical practice.
3 (2) Ensure that the patient has undergone a medical
4 diagnostic examination or has had the results of a recently
5 performed medical diagnostic examination reviewed by a
6 licensed physician.
7 (3) Keep a copy of the referral and the results of the
8 medical diagnostic examination in the patient's file.
9 (d) Supervision of students in acupuncture educational
10 programs.--Nothing in this act shall prohibit students enrolled
11 in an acupuncture educational program from performing
12 acupuncture or supplemental acupuncture techniques in the course
13 of their instruction, provided that a licensed physician is
14 readily available for consultations and that an acupuncturist is
15 on site and responsible for the direct supervision of students.
16 (e) Faculty in acupuncture educational programs.--Nothing in
17 this act shall prohibit faculty teaching in an acupuncture
18 educational program or visiting guest lecturers from performing
19 acupuncture or supplemental acupuncture techniques in the course
20 of student instruction or during professional development
21 seminars, provided that such individuals are registered as
22 acupuncturists in this Commonwealth or registered as
23 acupuncturists in another jurisdiction recognized by this
24 Commonwealth and obtain temporary registration in this
25 Commonwealth.
26 (f) Supplemental techniques.--The practice of acupuncture
27 shall also encompass, as regulated by the board, the use of
28 traditional and modern oriental therapeutics, heat therapy,
29 moxibustion, electrical and low-level laser stimulation,
30 acupressure and other forms of massage, herbal therapy and
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1 counseling that shall include the therapeutic use of foods and
2 supplements and lifestyle modifications and any other techniques
3 approved by the board. These supplemental techniques may be for
4 use within the public domain or for use by any other licensed or
5 registered health professionals, according to State law and
6 regulation. None of the supplemental techniques under this
7 subsection shall be a mandated coverage under an insurance
8 policy.
9 [(d)] (g) Disciplinary and corrective measures.--
10 Acupuncturists registered with the State Board of Medicine shall
11 be subject to all disciplinary provisions applicable to medical
12 doctors as set forth in the act of December 20, 1985 (P.L.457,
13 No.112), known as the Medical Practice Act of 1985.
14 Acupuncturists registered with the State Board of Osteopathic
15 Medicine shall be subject to all disciplinary provisions
16 applicable to osteopathic medical doctors as set forth in the
17 act of October 5, 1978 (P.L.1109, No.261), known as the
18 Osteopathic Medical Practice Act.
19 [(e)] (h) Section not applicable to dentists, podiatrists
20 and veterinarians.--This section shall not apply to a dentist
21 performing acupuncture in connection with the practice of
22 dentistry, a podiatrist performing acupuncture in connection
23 with the practice of podiatry or a veterinarian performing
24 acupuncture on animals in connection with the practice of
25 veterinary medicine. The State Board of Dentistry with regard to
26 dentists, the State Board of Podiatry with regard to podiatrists
27 and the State Board of Veterinary Medical Examiners with regard
28 to veterinarians shall assure that licensees of that board who
29 perform acupuncture have what that board determines to be the
30 proper education or demonstrated experience in the performance
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1 of acupuncture.
2 Section 3. The act is amended by adding a section to read:
3 Section 6.1. Approval of acupuncture educational programs.
4 The Department of Education of the Commonwealth shall approve
5 any acupuncture educational program that meets the relevant and
6 appropriate requirements of 22 Pa. Code (relating to education)
7 and 24 Pa.C.S. Ch. 65 (relating to private colleges,
8 universities and seminaries), that meets or exceeds the
9 standards required for acupuncture or oriental medicine programs
10 established by an accrediting agency recognized by the United
11 States Department of Education.
12 Section 4. This act shall take effect in 60 days.
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