Pennsylvania Act 2008-91 — ACUPUNCTURE REGISTRATION ACT - REDESIGNATING REGISTRATION AS LICENSURE

Act text

ACUPUNCTURE REGISTRATION ACT - REDESIGNATING REGISTRATION AS LICENSURE
                  Act of Oct. 8, 2008, P.L. 1092, No. 91              Cl. 63
                             Session of 2008
                               No. 2008-91

     SB 1023

                                  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," redesignating registration as licensure.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The title and section 1 of the act of February
     14, 1986 (P.L.2, No.2), known as the Acupuncture Registration
     Act, are amended to read:
                                  AN ACT
     Regulating the right to practice acupuncture; requiring the
        [registration] licensure of acupuncturists; and providing a
        penalty.
      Section 1.  Short title.
        This act shall be known and may be cited as the Acupuncture
     [Registration] Licensure Act.
        Section 2.  Sections 2 and 3(a), (b), (e), (f) and (g) of the
     act, amended December 15, 1986 (P.L.1618, No.183) and May 16,
     2002 (P.L.326, No.49), are amended 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."  The stimulation of certain points on or near
     the surface of the body by the insertion of needles to prevent
     or alleviate the perception of pain or to normalize
     physiological functions, including pain control, for the
     treatment of certain diseases or dysfunctions of the body.
        "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.
        "Acupuncturist."  An individual [registered] licensed to
     practice acupuncture by the State Board of Medicine or the State
     Board of Osteopathic Medicine.
        "Board."  The State Board of Medicine and the State Board of
     Osteopathic Medicine.
        "Commissioner."  The Commissioner of Professional and
     Occupational Affairs in the Department of State.
      Section 3.  Regulation of the practice of acupuncture.
        (a)  [Registration] Licensure required.--Except as provided
     in subsection (h), an individual, including a physician, shall
     be [registered] licensed with one of the boards before the
     individual may practice acupuncture in this Commonwealth.
     Individuals shall renew their [registration] licensures
     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] licensed 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] licensure
     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] licensed to practice acupuncture with
     one of the boards, the individual shall be considered to have
     met the requirements to be [registered] licensed by the other
     board.
        * * *
        (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]
     licensed as acupuncturists in this Commonwealth or [registered]
     licensed as acupuncturists in another jurisdiction recognized by
     this Commonwealth and obtain temporary [registration] licensure
     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.
        (g)  Disciplinary and corrective measures.--Acupuncturists
     [registered] licensed 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] licensed 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.
        * * *
        Section 3.  Sections 4 and 5 of the act, amended December 15,
     1986 (P.L.1618, No.183), are amended to read:
      Section 4.  Fees.
        Each board may charge a reasonable fee, fixed by that board
     by regulation, for all [registration] licenses, renewals and
     examinations authorized by this act or the regulations
     promulgated under section 3(b).
      Section 5.  Penalties.
        (a)  [Registration] Licensure.--Except as provided for in
     section 3(e), it shall be unlawful for an individual to practice
     acupuncture in this Commonwealth unless the individual is
     [registered] licensed as an acupuncturist by one of the boards.
     An individual willfully violating the provisions of this act
     shall be guilty of a misdemeanor of the third degree.
        (b)  Injunction.--The unlawful practice of acupuncture as
     defined may be enjoined by the courts on petition of one of the
     boards or by the commissioner. In any such proceeding, it shall
     not be necessary to show that any person is individually injured
     by the actions complained of. If the respondent is found guilty
     of the unlawful practice of acupuncture, the court shall enjoin
     him from so practicing unless he has been duly [registered]
     licensed. Procedure in such cases shall be the same as in any
     other injunction suit. The remedy of injunction shall be in
     addition to criminal prosecution and punishment.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 8th day of October, A. D. 2008.

     EDWARD G. RENDELL