A04909
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1490
Session of
2023
INTRODUCED BY GALLAGHER, HILL-EVANS, MADDEN, SCHLOSSBERG,
CERRATO, BRENNAN, SANCHEZ, McNEILL, NEILSON, MULLINS, GREEN,
GUZMAN AND D. WILLIAMS, JUNE 22, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 17, 2023
AN ACT
Amending the act of February 14, 1986 (P.L.2, No.2), entitled
"An act regulating the right to practice acupuncture;
requiring the licensure of acupuncturists; and providing a
penalty," further providing for definitions, for regulation
of the practice of acupuncture, for penalties and for
approval of acupuncture educational programs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of February 14, 1986 (P.L.2,
No.2), known as the Acupuncture Licensure Act, is amended by
adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"East Asian herbology." The use of herbal preparations and
products that contain as active ingredients parts of plants,
minerals and other organic materials or a combination of these
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items administered according to East Asian medicine tradition to
normalize function.
"Herbal therapy." The application of East Asian herbology to
the treatment of acupuncture patients.
"Practitioner of Oriental medicine." An acupuncturist who is
licensed by the board to use herbal therapy.
Section 2. Section 3(h) of the act is amended and the
section is amended by adding subsections to read:
Section 3. Regulation of the practice of acupuncture.
* * *
(h) [Section not applicable to dentists, podiatrists and
veterinarians] Exemptions from licensure.--This section shall
not apply to [a]:
(1) A dentist performing acupuncture in connection with
the practice of dentistry, a podiatrist performing
acupuncture in connection with the practice of podiatry or a
veterinarian performing acupuncture on animals in connection
with the practice of veterinary medicine. The State Board of
Dentistry with regard to dentists, the State Board of
Podiatry with regard to podiatrists and the State Board of
Veterinary Medical Examiners with regard to veterinarians
shall assure that licensees of that board who perform
acupuncture have what that board determines to be the proper
education or demonstrated experience in the performance of
acupuncture.
(2) An individual who holds a current license,
certificate, registration or permit to practice acupuncture
from another state, territory or country and seeks to
practice acupuncture in this Commonwealth for the limited
purpose of attending a continuing education acupuncture
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course in this Commonwealth.
(i) Oriental medicine.--An acupuncturist may practice
Oriental medicine if the acupuncturist is licensed with the
board as a practitioner of Oriental medicine and:
(1) has successfully completed an acupuncture education
program that includes the study of East Asian herbology and
passed an East Asian herbology examination approved by the
board; or
(2) has obtained national certification in East Asian
herbology or Oriental medicine from a certifying organization
approved by the board, which includes passing an East Asian
herbology examination.
(j) Emergency.--The board shall have the power to allow an
individual who holds a current license as an acupuncturist or
practitioner of Oriental medicine in another state, the District
of Columbia or a territory of the United States or who has
obtained national certification to practice acupuncture or
Oriental medicine in this Commonwealth for no more than 60 days
as part of a relief effort related to a state of emergency
declared by the Federal Government or the Governor.
(k) Identification.--
(1) Except as provided under paragraph (2), an
acupuncturist shall wear a tag or badge with lettering
clearly visible to the patient bearing the acupuncturist's
name and the title "acupuncturist."
(2) An individual who is a practitioner of Oriental
medicine shall wear a tag or badge with lettering clearly
visible to the patient bearing the individual's name and the
title "practitioner of Oriental medicine."
Section 3. Sections 5(a) and 6.1 of the act are amended to
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read:
Section 5. Penalties.
(a) Licensure.--
(1) Except as provided for in section 3(e), (h)(1) and
(j), unless an individual is licensed as an acupuncturist by
the board, it shall be unlawful for an individual to:
(i) hold oneself out to be an acupuncturist or a
practitioner of acupuncture; or
(ii) practice acupuncture in this Commonwealth
[unless the individual is licensed as an acupuncturist by
one of the boards].
(2) An individual willfully violating the provisions of
this act shall be guilty of a misdemeanor of the third
degree.
* * *
Section 6.1. [Approval of acupuncture] Acupuncture educational
programs.
(a) Approval.--The Department of Education of the
Commonwealth shall approve any acupuncture educational program
that meets the relevant and appropriate requirements of 22 Pa.
Code (relating to education) and 24 Pa.C.S. Ch. 65 (relating to
private colleges, universities and seminaries) and that meets or
exceeds the standards required for acupuncture or oriental
medicine programs established by an accrediting agency
recognized by the United States Department of Education.
(b) Continuing education.--
(1) Acupuncturists EXCEPT AS PROVIDED IN PARAGRAPH (3),
ACUPUNCTURISTS must attend and complete 30 hours of mandatory
continuing education during each two-year license period.
Nationally certified education courses shall be considered as
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creditable, in addition to any other courses the board deems
creditable toward meeting the requirements for continuing
education. Credit may not be given for any course in office
management or practice building.
(2) An individual applying for the first time for
licensure as an acupuncturist in this Commonwealth shall be
exempted from the continuing education requirements under
paragraph (1) for the biennial renewal period following
initial licensure.
(3) A LICENSED PHYSICIAN WHO IS ALSO AN ACUPUNCTURIST
SHALL COMPLETE AT LEAST NINE CREDIT HOURS OF MANDATORY
CONTINUING EDUCATION DURING EACH TWO-YEAR LICENSE PERIOD . as
part of the licensed physician's continuing education
requirement under the act of December 20, 1985 (P.L.457,
No.112), known as the Medical Practice Act of 1985, or the
act of October 5, 1978 (P.L.1109, No.261), known as the
Osteopathic Medical Practice Act .
(3) (4) The board shall adopt, promulgate and enforce
rules and regulations consistent with the provisions of this
act establishing requirements of continuing education to be
met by individuals licensed as acupuncturists or
practitioners of Oriental medicine under this act as a
condition for renewal of their licenses. The regulations
shall include any fees necessary for the board to carry out
its responsibilities under this section.
Section 4. This act shall take effect in 60 days.
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