Pennsylvania Act 2002-49 — ACUPUNCTURE REGISTRATION ACT - AMEND ACUPUNCTURE EDUCATIONAL PROGRAM AND REGULATIONS

Act text

ACUPUNCTURE REGISTRATION ACT - AMEND ACUPUNCTURE EDUCATIONAL PROGRAM AND
                               REGULATIONS
                  Act of May 16, 2002, P.L. 326, No. 49               Cl. 63
                             Session of 2002
                               No. 2002-49

     SB 1007

                                  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 registration of acupuncturists; and providing a
        penalty," providing for the definition of "acupuncture
        educational program"; and further providing for the
        regulations of the practice of acupuncture.

        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 Registration Act, is amended by
     adding a definition 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:
        * * *
        "Acupuncture educational program."  Training and instruction
     in acupuncture or supplemental acupuncture techniques offered by
     a degree-granting institution authorized by the Department of
     Education of the Commonwealth that leads to a master's degree,
     master's level certificate or diploma or first professional
     degree, 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.
        * * *
        Section 2.  Section 3 of the act, amended December 15, 1986
     (P.L.1618, No.183), is amended to read:
      Section 3.  Regulation of the practice of acupuncture.
        (a)  Registration required.--Except as provided in subsection
     [(e)] (h), an individual, including a physician, shall be
     registered with one of the boards before the individual may
     practice acupuncture in this Commonwealth. Individuals shall
     renew their registrations biennially with the appropriate board.
        (b)  Regulations to be promulgated.--The boards shall each
     promulgate regulations requiring the proper training of
     individuals, including physicians, before they may be registered
     to practice acupuncture in this Commonwealth. Proper training
     shall include, to the extent determined by the appropriate
     board, education or demonstrated experience in the practice of
     acupuncture. If a board requires successful completion of a
     written, oral or practical examination in order to qualify for
     registration under this act, the examination shall be prepared
     and administered by a qualified and approved professional
     testing organization in the manner required for written
     examinations by section 812.1 of the act of April 9, 1929
     (P.L.177, No.175), known as The Administrative Code of 1929. The
     board may promulgate such other regulations as are deemed proper
     and necessary regarding the practice of acupuncture. If an
     individual is registered to practice acupuncture with one of the
     boards, the individual shall be considered to have met the
     requirements to be registered by the other board.
        [(c)  Practice to be under general supervision of a
     physician.--An acupuncturist is not required to practice
     acupuncture on the premises of the office of a physician;
     however, an acupuncturist, other than a physician or a person
     exempted as provided for in subsection (e), is required to
     practice acupuncture under the general supervision of a
     physician. The supervising physician is not required to be
     registered with a board as an acupuncturist. "General
     supervision" means the supervising physician shall:
            (1)  Perform a medical diagnostic examination or review
        the results of a recently performed medical diagnostic
        examination with respect to any ailment or condition to be
        treated by acupuncture prior to such treatment.
            (2)  Be personally available for consultation on the
        premises or be available by telephone contact, chart review
        or other means approved by the appropriate board.
            (3)  Place conditions and restrictions on the course of
        treatment if required as a matter of sound medical practice.]
        (c)  Practice of certain acupuncturists.--An acupuncturist,
     other than a licensed physician or a person exempted as provided
     for in subsection (h), shall, prior to administering the first
     treatment, do all of the following:
            (1)  Ensure that the patient has secured a written
        referral for treatment by acupuncture from a licensed
        physician. A referral under this paragraph shall place
        conditions and restrictions on the course of treatment if
        required as a matter of sound medical practice.
            (2)  Ensure that the patient has undergone a medical
        diagnostic examination or has had the results of a recently
        performed medical diagnostic examination reviewed by a
        licensed physician.
            (3)  Keep a copy of the referral and the results of the
        medical diagnostic examination in the patient's file.
        (d)  Supervision of students in acupuncture educational
     programs.--Nothing in this act shall prohibit students enrolled
     in an acupuncture educational program from performing
     acupuncture or supplemental acupuncture techniques in the course
     of their instruction, provided that a licensed physician is
     readily available for consultations and that an acupuncturist is
     on site and responsible for the direct supervision of students.
        (e)  Faculty in acupuncture educational programs.--Nothing in
     this act shall prohibit faculty teaching in an acupuncture
     educational program or visiting guest lecturers from performing
     acupuncture or supplemental acupuncture techniques in the course
     of student instruction or during professional development
     seminars, provided that such individuals are registered as
     acupuncturists in this Commonwealth or registered as
     acupuncturists in another jurisdiction recognized by this
     Commonwealth and obtain temporary registration in this
     Commonwealth.
        (f)  Supplemental techniques.--The practice of acupuncture
     shall also encompass, as regulated by the board, the use of
     traditional and modern oriental therapeutics, heat therapy,
     moxibustion, electrical and low-level laser stimulation,
     acupressure and other forms of massage, herbal therapy and
     counseling that shall include the therapeutic use of foods and
     supplements and lifestyle modifications and any other techniques
     approved by the board. These supplemental techniques may be for
     use within the public domain or for use by any other licensed or
     registered health professionals, according to State law and
     regulation. None of the supplemental techniques under this
     subsection shall be a mandated coverage under an insurance
     policy.
        [(d)] (g)  Disciplinary and corrective measures.--
     Acupuncturists registered with the State Board of Medicine shall
     be subject to all disciplinary provisions applicable to medical
     doctors as set forth in the act of December 20, 1985 (P.L.457,
     No.112), known as the Medical Practice Act of 1985.
     Acupuncturists registered with the State Board of Osteopathic
     Medicine shall be subject to all disciplinary provisions
     applicable to osteopathic medical doctors as set forth in the
     act of October 5, 1978 (P.L.1109, No.261), known as the
     Osteopathic Medical Practice Act.
        [(e)] (h)  Section not applicable to dentists, podiatrists
     and veterinarians.--This section shall not apply to 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.
        Section 3.  The act is amended by adding a section to read:
      Section 6.1.  Approval of acupuncture educational programs.
        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.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 16th day of May, A. D. 2002.

     MARK S. SCHWEIKER