PRIOR PRINTER'S NO. 1917 PRINTER'S NO. 2056
No. 1235 Session of 2006
INTRODUCED BY RHOADES, BOSCOLA, ERICKSON, WONDERLING, C. WILLIAMS, WASHINGTON, O'PAKE AND COSTA, JUNE 22, 2006
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, SEPTEMBER 20, 2006
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," further providing for regulation of the practice of <-- 5 acupuncture; and providing for medical diagnosis. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 3(b) and (c) of the act of February 14, <-- 9 1986 (P.L.2, No.2), known as the Acupuncture Registration Act, 10 amended May 16, 2002 (P.L.326, No.49), are amended and the 11 section is amended by adding a subsection to read: 12 Section 3. Regulation of the practice of acupuncture. 13 * * * 14 (a.1) Requirements for registration as a practitioner of 15 oriental medicine.-- 16 (1) An acupuncturist who also uses Chinese herbal 17 therapy shall be registered by the board as a practitioner of 18 oriental medicine. 19 (2) The board shall register an acupuncturist as a
1 practitioner of oriental medicine if the registrant, in 2 addition to meeting the requirements under section ????, has 3 fulfilled one of the following: 4 (i) Successfully completed an acupuncture education 5 program that includes the study of Chinese herbology and 6 has passed the National Certification Commission for 7 Acupuncture and Oriental Medicine (NCCAOM) examination 8 component on Chinese herbology. 9 (ii) Has obtained NCCAOM certification in Chinese 10 herbology or oriental medicine, which shall include 11 passing the NCCAOM examination component in Chinese 12 herbology. 13 (3) An acupuncturist registered with the board before 14 the effective date of this subsection may obtain registration 15 as a practitioner of oriental medicine if the acupuncturist 16 can demonstrate one of the following: 17 (i) Successful completion of a Chinese herbology or 18 oriental medicine education program. 19 (ii) Successful completion of an examination in 20 Chinese herbology or oriental medicine recognized by the 21 licensing authority of another state or United States 22 territory for the practice of Chinese herbology or 23 oriental medicine. 24 (iii) NCCAOM certification in Chinese herbology or 25 oriental medicine. 26 (b) Regulations to be promulgated.--The boards shall each 27 promulgate regulations requiring the proper training of 28 individuals, including physicians, before they may be registered 29 to practice acupuncture in this Commonwealth. Proper training 30 shall include, to the extent determined by the appropriate 20060S1235B2056 - 2 -
1 board, education or demonstrated experience in the practice of 2 acupuncture. If a board requires successful completion of a 3 written, oral or practical examination in order to qualify for 4 registration under this act, the examination shall be prepared 5 and administered by a qualified and approved professional 6 testing organization in the manner required for written 7 examinations by section 812.1 of the act of April 9, 1929 8 (P.L.177, No.175), known as The Administrative Code of 1929. If 9 the examination was not taken in English but is otherwise 10 acceptable to the board and a passing score was secured, the 11 board shall accept the examination result if the applicant has 12 also secured a score of 550 on the Test of English as a Foreign 13 Language and a passing score of 180 on a Test of Spoken English. 14 The board may promulgate such other regulations as are deemed 15 proper and necessary regarding the practice of acupuncture. If 16 an individual is registered to practice acupuncture with one of 17 the boards, the individual shall be considered to have met the 18 requirements to be registered by the other board. 19 [(c) Practice of certain acupuncturists.--An acupuncturist, 20 other than a licensed physician or a person exempted as provided 21 for in subsection (h), shall, prior to administering the first 22 treatment, do all of the following: 23 (1) Ensure that the patient has secured a written 24 referral for treatment by acupuncture from a licensed 25 physician. A referral under this paragraph shall place 26 conditions and restrictions on the course of treatment if 27 required as a matter of sound medical practice. 28 (2) Ensure that the patient has undergone a medical 29 diagnostic examination or has had the results of a recently 30 performed medical diagnostic examination reviewed by a 20060S1235B2056 - 3 -
1 licensed physician. 2 (3) Keep a copy of the referral and the results of the 3 medical diagnostic examination in the patient's file.] 4 * * * 5 Section 2. The act is amended by adding a section to read: 6 SECTION 1. THE ACT OF FEBRUARY 14, 1986 (P.L.2, NO.2), KNOWN <-- 7 AS THE ACUPUNCTURE REGISTRATION ACT, IS AMENDED BY ADDING A 8 SECTION TO READ: 9 Section 3.1. Medical diagnosis. 10 (1) Except as provided in paragraph (2), an 11 acupuncturist may treat a person's condition without the 12 condition being diagnosed by a licensed physician, dentist or 13 podiatrist for 60 calendar days from the date of the first 14 treatment. 15 (2) An acupuncturist may treat a person's condition 16 beyond 60 calendar days from the date of the first treatment 17 if the person obtained a diagnosis of the treated condition 18 from a licensed physician, dentist or podiatrist. 19 Section 3 2. This act shall take effect in 60 days. <-- F6L63MSP/20060S1235B2056 - 4 -