HOUSE AMENDED
PRIOR PRINTER'S NOS. 1917, 2056, 2106 PRINTER'S NO. 2213
No. 1235 Session of 2006
INTRODUCED BY RHOADES, BOSCOLA, ERICKSON, WONDERLING,
C. WILLIAMS, WASHINGTON, O'PAKE AND COSTA, JUNE 22, 2006
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 24, 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 acupuncture; and providing a
4 penalty," further providing for regulation of the practice of <--
5 acupuncture; and providing for medical diagnosis. EXPANDING <--
6 THE SCOPE OF THE ACT TO INCLUDE CHINESE HERBAL THERAPY;
7 FURTHER PROVIDING FOR DEFINITIONS; REGULATING THE PRACTICE OF
8 CHINESE HERBAL THERAPY; FURTHER PROVIDING FOR REGULATION OF
9 THE PRACTICE OF ACUPUNCTURE AND FOR PENALTIES; AND IMPOSING
10 DUTIES ON THE STATE BOARD OF MEDICINE AND THE STATE BOARD OF
11 OSTEOPATHIC MEDICINE.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 3(c) of the act of February 14, 1986 <--
15 (P.L.2, No.2), known as the Acupuncture Registration Act,
16 amended May 16, 2002 (P.L.326, No.49), is amended to read:
17 Section 3. Regulation of the practice of acupuncture.
18 * * *
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
1 treatment, do all of the following:
2 (1) Ensure that the patient has secured a written
3 referral for treatment by acupuncture from a licensed
4 physician. A referral under this paragraph shall place
5 conditions and restrictions on the course of treatment if
6 required as a matter of sound medical practice.
7 (2) Ensure that the patient has undergone a medical
8 diagnostic examination or has had the results of a recently
9 performed medical diagnostic examination reviewed by a
10 licensed physician.
11 (3) Keep a copy of the referral and the results of the
12 medical diagnostic examination in the patient's file.]
13 * * *
14 Section 2. The act is amended by adding a section to read:
15 Section 3.1. Medical diagnosis.
16 (1) Except as provided in paragraph (2), an
17 acupuncturist may treat a person's condition without the
18 condition being diagnosed by a licensed physician, dentist or
19 podiatrist for 60 calendar days from the date of the first
20 treatment.
21 (2) An acupuncturist may treat a person's condition
22 beyond 60 calendar days from the date of the first treatment
23 if the person obtained a diagnosis of the treated condition
24 from a licensed physician, dentist or podiatrist.
25 Section 3. This act shall take effect in 60 days.
26 SECTION 1. THE TITLE OF THE ACT OF FEBRUARY 14, 1986 (P.L.2, <--
27 NO.2), KNOWN AS THE ACUPUNCTURE REGISTRATION ACT, IS AMENDED TO
28 READ:
29 AN ACT
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1 REGULATING THE RIGHT TO PRACTICE ACUPUNCTURE AND TO USE CHINESE
2 HERBAL THERAPY; REQUIRING THE REGISTRATION OF
3 [ACUPUNCTURISTS] INDIVIDUALS ENGAGED IN THE PRACTICE OF
4 ACUPUNCTURE OR THE USE OF CHINESE HERBAL THERAPY; AND
5 PROVIDING A PENALTY.
6 SECTION 2. SECTION 2 OF THE ACT, AMENDED DECEMBER 15, 1986
7 (P.L.1618, NO.183) AND MAY 16, 2002 (P.L.326, NO.49), IS AMENDED
8 TO READ:
9 SECTION 2. DEFINITIONS.
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
11 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
12 CONTEXT CLEARLY INDICATES OTHERWISE:
13 "ACUPUNCTURE." THE STIMULATION OF CERTAIN POINTS ON OR NEAR
14 THE SURFACE OF THE BODY BY THE INSERTION OF NEEDLES TO PREVENT
15 OR ALLEVIATE THE PERCEPTION OF PAIN OR TO NORMALIZE
16 PHYSIOLOGICAL FUNCTIONS, INCLUDING PAIN CONTROL, FOR THE
17 TREATMENT OF CERTAIN DISEASES OR DYSFUNCTIONS OF THE BODY. THE
18 TERM ALSO INCLUDES SUPPLEMENTAL TECHNIQUES. THE TERM DOES NOT
19 INCLUDE CHINESE HERBAL THERAPY.
20 "ACUPUNCTURE EDUCATIONAL PROGRAM." TRAINING AND INSTRUCTION
21 IN ACUPUNCTURE OR SUPPLEMENTAL [ACUPUNCTURE] TECHNIQUES OR
22 CHINESE HERBAL THERAPY OFFERED BY A DEGREE-GRANTING INSTITUTION
23 AUTHORIZED BY THE DEPARTMENT OF EDUCATION OF THE COMMONWEALTH
24 THAT LEADS TO A MASTER'S DEGREE, MASTER'S LEVEL CERTIFICATE OR
25 DIPLOMA OR FIRST PROFESSIONAL DEGREE, THAT MEETS THE RELEVANT
26 AND APPROPRIATE REQUIREMENTS OF 22 PA. CODE (RELATING TO
27 EDUCATION) AND 24 PA.C.S. CH. 65 (RELATING TO PRIVATE COLLEGES,
28 UNIVERSITIES AND SEMINARIES) AND THAT MEETS OR EXCEEDS THE
29 STANDARDS REQUIRED FOR ACUPUNCTURE OR ORIENTAL MEDICINE PROGRAMS
30 ESTABLISHED BY AN ACCREDITING AGENCY RECOGNIZED BY THE UNITED
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1 STATES DEPARTMENT OF EDUCATION.
2 "ACUPUNCTURIST." AN INDIVIDUAL REGISTERED TO PRACTICE
3 ACUPUNCTURE BY THE STATE BOARD OF MEDICINE OR THE STATE BOARD OF
4 OSTEOPATHIC MEDICINE.
5 "BOARD." THE STATE BOARD OF MEDICINE AND THE STATE BOARD OF
6 OSTEOPATHIC MEDICINE.
7 "CHINESE HERBAL THERAPY." THE CHINESE ART OF COMBINING
8 MEDICINAL HERBS.
9 "COMMISSIONER." THE COMMISSIONER OF PROFESSIONAL AND
10 OCCUPATIONAL AFFAIRS IN THE DEPARTMENT OF STATE.
11 "PRACTITIONER OF ORIENTAL MEDICINE." AN INDIVIDUAL
12 REGISTERED BY THE STATE BOARD OF MEDICINE OR THE STATE BOARD OF
13 OSTEOPATHIC MEDICINE TO USE CHINESE HERBAL THERAPY.
14 "SUPPLEMENTAL TECHNIQUES." TRADITIONAL AND MODERN ORIENTAL
15 THERAPEUTICS, HEAT THERAPY, MOXIBUSTION, ELECTRICAL AND LOW-
16 LEVEL LASER STIMULATION, ACUPRESSURE AND OTHER FORMS OF MASSAGE,
17 COUNSELING THAT INCLUDES THE THERAPEUTIC USE OF FOODS,
18 SUPPLEMENTS, LIFESTYLE MODIFICATIONS AND OTHER TECHNIQUES
19 APPROVED BY THE STATE BOARD OF MEDICINE OR THE STATE BOARD OF
20 OSTEOPATHIC MEDICINE. THE TERM DOES NOT INCLUDE CHINESE HERBAL
21 THERAPY.
22 SECTION 3. SECTION 3 OF THE ACT, AMENDED MAY 16, 2002
23 (P.L.326, NO.49), IS AMENDED TO READ:
24 SECTION 3. REGULATION OF THE PRACTICE OF ACUPUNCTURE AND
25 CHINESE HERBAL THERAPY.
26 (A) REGISTRATION REQUIRED.--[EXCEPT AS PROVIDED IN
27 SUBSECTION (H)] EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, AN
28 INDIVIDUAL, INCLUDING A PHYSICIAN, SHALL BE REGISTERED WITH ONE
29 OF THE BOARDS BEFORE THE INDIVIDUAL MAY PRACTICE ACUPUNCTURE OR
30 USE CHINESE HERBAL THERAPY IN THIS COMMONWEALTH. INDIVIDUALS
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1 SHALL RENEW THEIR REGISTRATIONS BIENNIALLY WITH THE APPROPRIATE
2 BOARD.
3 (B) REGULATIONS TO BE PROMULGATED.--THE BOARDS SHALL EACH
4 PROMULGATE REGULATIONS REQUIRING THE PROPER TRAINING OF
5 INDIVIDUALS, INCLUDING PHYSICIANS, BEFORE THEY MAY BE REGISTERED
6 TO PRACTICE ACUPUNCTURE OR TO USE CHINESE HERBAL THERAPY IN THIS
7 COMMONWEALTH. PROPER TRAINING SHALL INCLUDE, TO THE EXTENT
8 DETERMINED BY THE APPROPRIATE BOARD, EDUCATION OR DEMONSTRATED
9 EXPERIENCE IN THE PRACTICE OF ACUPUNCTURE OR THE USE OF CHINESE
10 HERBAL THERAPY. IF A BOARD REQUIRES SUCCESSFUL COMPLETION OF A
11 WRITTEN, ORAL OR PRACTICAL EXAMINATION IN ORDER TO QUALIFY FOR
12 REGISTRATION UNDER THIS ACT, THE EXAMINATION SHALL BE PREPARED
13 AND ADMINISTERED BY A QUALIFIED AND APPROVED PROFESSIONAL
14 TESTING ORGANIZATION IN THE MANNER REQUIRED FOR WRITTEN
15 EXAMINATIONS BY SECTION 812.1 OF THE ACT OF APRIL 9, 1929
16 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929. THE
17 BOARD MAY PROMULGATE SUCH OTHER REGULATIONS AS ARE DEEMED PROPER
18 AND NECESSARY REGARDING THE PRACTICE OF ACUPUNCTURE OR THE USE
19 OF CHINESE HERBAL THERAPY. IF AN INDIVIDUAL IS REGISTERED [TO
20 PRACTICE ACUPUNCTURE] WITH ONE OF THE BOARDS, THE INDIVIDUAL
21 SHALL BE CONSIDERED TO HAVE MET THE REQUIREMENTS TO BE
22 REGISTERED BY THE OTHER BOARD.
23 [(C) PRACTICE OF CERTAIN ACUPUNCTURISTS.--AN ACUPUNCTURIST,
24 OTHER THAN A LICENSED PHYSICIAN OR A PERSON EXEMPTED AS PROVIDED
25 FOR IN SUBSECTION (H), SHALL, PRIOR TO ADMINISTERING THE FIRST
26 TREATMENT, DO ALL OF THE FOLLOWING:
27 (1) ENSURE THAT THE PATIENT HAS SECURED A WRITTEN
28 REFERRAL FOR TREATMENT BY ACUPUNCTURE FROM A LICENSED
29 PHYSICIAN. A REFERRAL UNDER THIS PARAGRAPH SHALL PLACE
30 CONDITIONS AND RESTRICTIONS ON THE COURSE OF TREATMENT IF
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1 REQUIRED AS A MATTER OF SOUND MEDICAL PRACTICE.
2 (2) ENSURE THAT THE PATIENT HAS UNDERGONE A MEDICAL
3 DIAGNOSTIC EXAMINATION OR HAS HAD THE RESULTS OF A RECENTLY
4 PERFORMED MEDICAL DIAGNOSTIC EXAMINATION REVIEWED BY A
5 LICENSED PHYSICIAN.
6 (3) KEEP A COPY OF THE REFERRAL AND THE RESULTS OF THE
7 MEDICAL DIAGNOSTIC EXAMINATION IN THE PATIENT'S FILE.]
8 (C) PRACTICE OF ACUPUNCTURE AND CHINESE HERBAL THERAPY.--
9 EXCEPT FOR A PHYSICIAN OR A DENTIST, PODIATRIST OR VETERINARIAN
10 PURSUANT TO SUBSECTION (H), THE FOLLOWING APPLY TO INDIVIDUALS
11 REGISTERED BY THE BOARD:
12 (1) FOR AN INDIVIDUAL REGISTERED AS A PRACTITIONER OF
13 ORIENTAL MEDICINE, PRIOR TO FIRST ADMINISTERING CHINESE
14 HERBAL THERAPY TO A PATIENT, THE REGISTRANT SHALL:
15 (I) ENSURE THAT THE PATIENT HAS SECURED A WRITTEN
16 REFERRAL OR DIAGNOSIS FROM A PHYSICIAN. A REFERRAL OR
17 DIAGNOSIS UNDER THIS CLAUSE SHALL PLACE CONDITIONS OR
18 RESTRICTIONS ON THE COURSE OF TREATMENT IF REQUIRED AS A
19 MATTER OF SOUND MEDICAL PRACTICE.
20 (II) ENSURE THAT THE PATIENT HAS UNDERGONE A MEDICAL
21 DIAGNOSTIC EXAMINATION OR HAD THE RESULTS OF A RECENTLY
22 PERFORMED MEDICAL DIAGNOSTIC EXAMINATION REVIEWED BY A
23 PHYSICIAN.
24 (III) KEEP A COPY OF THE REFERRAL OR DIAGNOSIS AND
25 THE RESULTS OF THE MEDICAL DIAGNOSTIC EXAMINATION IN THE
26 PATIENT'S FILE.
27 (2) FOR AN INDIVIDUAL REGISTERED AS AN ACUPUNCTURIST,
28 THE FOLLOWING APPLY:
29 (I) WHEN TREATMENT EXCEEDS 60 DAYS, THE REGISTRANT
30 SHALL:
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1 (A) ENSURE THAT THE PATIENT HAS SECURED A
2 WRITTEN REFERRAL OR DIAGNOSIS FROM A PHYSICIAN. A
3 REFERRAL OR DIAGNOSIS UNDER THIS CLAUSE SHALL PLACE
4 CONDITIONS OR RESTRICTIONS ON THE COURSE OF TREATMENT
5 IF REQUIRED AS A MATTER OF SOUND MEDICAL PRACTICE.
6 (B) ENSURE THAT THE PATIENT HAS UNDERGONE A
7 MEDICAL DIAGNOSTIC EXAMINATION OR HAD THE RESULTS OF
8 A RECENTLY PERFORMED MEDICAL DIAGNOSTIC EXAMINATION
9 REVIEWED BY A PHYSICIAN.
10 (C) KEEP A COPY OF THE REFERRAL OR DIAGNOSIS AND
11 THE RESULTS OF THE MEDICAL DIAGNOSTIC EXAMINATION IN
12 THE PATIENT'S FILE.
13 (II) WHEN TREATMENT DOES NOT EXCEED 60 DAYS, THE
14 REGISTRANT MAY:
15 (A) REQUIRE THE PATIENT TO SECURE A WRITTEN
16 REFERRAL OR DIAGNOSIS FROM A PHYSICIAN. A REFERRAL OR
17 DIAGNOSIS UNDER THIS CLAUSE SHALL PLACE CONDITIONS OR
18 RESTRICTIONS ON THE COURSE OF TREATMENT IF REQUIRED
19 AS A MATTER OF SOUND MEDICAL PRACTICE.
20 (B) REQUIRE THE PATIENT TO UNDERGO A MEDICAL
21 DIAGNOSTIC EXAMINATION OR REQUIRE THE RESULTS OF A
22 RECENTLY PERFORMED MEDICAL DIAGNOSTIC EXAMINATION TO
23 BE REVIEWED BY A PHYSICIAN.
24 (C) KEEP A COPY OF THE REFERRAL OR DIAGNOSIS AND
25 THE RESULTS OF THE MEDICAL DIAGNOSTIC EXAMINATION IN
26 THE PATIENT'S FILE.
27 (D) SUPERVISION OF STUDENTS IN ACUPUNCTURE EDUCATIONAL
28 PROGRAMS.--NOTHING IN THIS ACT SHALL PROHIBIT STUDENTS ENROLLED
29 IN AN ACUPUNCTURE EDUCATIONAL PROGRAM FROM PERFORMING
30 ACUPUNCTURE OR SUPPLEMENTAL [ACUPUNCTURE] TECHNIQUES OR USING
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1 CHINESE HERBAL THERAPY IN THE COURSE OF THEIR INSTRUCTION,
2 PROVIDED THAT A LICENSED PHYSICIAN IS READILY AVAILABLE FOR
3 CONSULTATIONS AND THAT AN ACUPUNCTURIST OR PRACTITIONER OF
4 ORIENTAL MEDICINE IS ON SITE AND RESPONSIBLE FOR THE DIRECT
5 SUPERVISION OF STUDENTS. HOWEVER, IN THE CASE OF INSTRUCTION
6 WHICH INCLUDES THE USE OF CHINESE HERBAL THERAPY, A PRACTITIONER
7 OF ORIENTAL MEDICINE SHALL BE ON SITE AND RESPONSIBLE FOR THE
8 DIRECT SUPERVISION OF STUDENTS.
9 (E) FACULTY IN ACUPUNCTURE EDUCATIONAL PROGRAMS.--NOTHING IN
10 THIS ACT SHALL PROHIBIT FACULTY TEACHING IN AN ACUPUNCTURE
11 EDUCATIONAL PROGRAM OR VISITING GUEST LECTURERS FROM PERFORMING
12 ACUPUNCTURE OR SUPPLEMENTAL [ACUPUNCTURE] TECHNIQUES OR USING
13 CHINESE HERBAL THERAPY IN THE COURSE OF STUDENT INSTRUCTION OR
14 DURING PROFESSIONAL DEVELOPMENT SEMINARS, PROVIDED THAT SUCH
15 INDIVIDUALS ARE REGISTERED [AS ACUPUNCTURISTS] WITH THE BOARD AS
16 ACUPUNCTURISTS OR PRACTITIONERS OF ORIENTAL MEDICINE IN THIS
17 COMMONWEALTH OR ARE REGISTERED AS ACUPUNCTURISTS IN ANOTHER
18 JURISDICTION RECOGNIZED BY THIS COMMONWEALTH AND OBTAIN
19 TEMPORARY REGISTRATION IN THIS COMMONWEALTH.
20 (F) [SUPPLEMENTAL TECHNIQUES.--THE PRACTICE OF ACUPUNCTURE
21 SHALL ALSO ENCOMPASS, AS REGULATED BY THE BOARD, THE USE OF
22 TRADITIONAL AND MODERN ORIENTAL THERAPEUTICS, HEAT THERAPY,
23 MOXIBUSTION, ELECTRICAL AND LOW-LEVEL LASER STIMULATION,
24 ACUPRESSURE AND OTHER FORMS OF MASSAGE, HERBAL THERAPY AND
25 COUNSELING THAT SHALL INCLUDE THE THERAPEUTIC USE OF FOODS AND
26 SUPPLEMENTS AND LIFESTYLE MODIFICATIONS AND ANY OTHER TECHNIQUES
27 APPROVED BY THE BOARD. THESE] REGULATORY AUTHORITY OF BOARD.--
28 THE BOARD SHALL REGULATE THE PRACTICE OF ACUPUNCTURE, THE USE OF
29 SUPPLEMENTAL TECHNIQUES AND THE USE OF CHINESE HERBAL THERAPY.
30 WITH RESPECT TO THE PRACTICE OF ACUPUNCTURE, THE BOARD SHALL
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1 PROVIDE FOR A SEPARATE REGISTRATION AS AN ACUPUNCTURIST. WITH
2 RESPECT TO THE USE OF CHINESE HERBAL THERAPY, THE BOARD SHALL
3 PROVIDE FOR A SEPARATE REGISTRATION AS A PRACTITIONER OF
4 ORIENTAL MEDICINE. THE USE OF SUPPLEMENTAL TECHNIQUES OR CHINESE
5 HERBAL THERAPY MAY BE FOR USE WITHIN THE PUBLIC DOMAIN OR FOR
6 USE BY ANY OTHER LICENSED OR REGISTERED HEALTH PROFESSIONALS,
7 ACCORDING TO STATE LAW AND REGULATION. [NONE OF THE SUPPLEMENTAL
8 TECHNIQUES] THE USE OF SUPPLEMENTAL TECHNIQUES OR CHINESE HERBAL
9 THERAPY UNDER THIS SUBSECTION SHALL NOT BE A MANDATED COVERAGE
10 UNDER AN INSURANCE POLICY.
11 (G) DISCIPLINARY AND CORRECTIVE MEASURES.--[ACUPUNCTURISTS]
12 AN INDIVIDUAL REGISTERED WITH THE STATE BOARD OF MEDICINE UNDER
13 THIS ACT SHALL BE SUBJECT TO ALL DISCIPLINARY PROVISIONS
14 APPLICABLE TO MEDICAL DOCTORS AS SET FORTH IN THE ACT OF
15 DECEMBER 20, 1985 (P.L.457, NO.112), KNOWN AS THE MEDICAL
16 PRACTICE ACT OF 1985. [ACUPUNCTURISTS] AN INDIVIDUAL REGISTERED
17 WITH THE STATE BOARD OF OSTEOPATHIC MEDICINE UNDER THIS ACT
18 SHALL BE SUBJECT TO ALL DISCIPLINARY PROVISIONS APPLICABLE TO
19 OSTEOPATHIC MEDICAL DOCTORS AS SET FORTH IN THE ACT OF OCTOBER
20 5, 1978 (P.L.1109, NO.261), KNOWN AS THE OSTEOPATHIC MEDICAL
21 PRACTICE ACT.
22 (H) SECTION NOT APPLICABLE TO DENTISTS, PODIATRISTS AND
23 VETERINARIANS.--THIS SECTION SHALL NOT APPLY TO A DENTIST
24 PERFORMING ACUPUNCTURE OR USING CHINESE HERBAL THERAPY IN
25 CONNECTION WITH THE PRACTICE OF DENTISTRY, A PODIATRIST
26 PERFORMING ACUPUNCTURE OR USING CHINESE HERBAL THERAPY IN
27 CONNECTION WITH THE PRACTICE OF PODIATRY OR A VETERINARIAN
28 PERFORMING ACUPUNCTURE OR USING CHINESE HERBAL THERAPY ON
29 ANIMALS IN CONNECTION WITH THE PRACTICE OF VETERINARY MEDICINE.
30 THE STATE BOARD OF DENTISTRY WITH REGARD TO DENTISTS, THE STATE
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1 BOARD OF PODIATRY WITH REGARD TO PODIATRISTS AND THE STATE BOARD
2 OF VETERINARY [MEDICAL EXAMINERS] MEDICINE WITH REGARD TO
3 VETERINARIANS SHALL ASSURE THAT LICENSEES OF THAT BOARD WHO
4 PERFORM ACUPUNCTURE OR USE CHINESE HERBAL THERAPY HAVE WHAT THAT
5 BOARD DETERMINES TO BE THE PROPER EDUCATION OR DEMONSTRATED
6 EXPERIENCE IN THE PERFORMANCE OF ACUPUNCTURE OR THE USE OF
7 CHINESE HERBAL THERAPY.
8 SECTION 4. SECTION 5 OF THE ACT, AMENDED DECEMBER 15, 1986
9 (P.L.1618, NO.183), IS AMENDED TO READ:
10 SECTION 5. PENALTIES.
11 (A) REGISTRATION.--[EXCEPT AS PROVIDED FOR IN SECTION 3(E)]
12 EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, IT SHALL BE UNLAWFUL
13 FOR AN INDIVIDUAL TO PRACTICE ACUPUNCTURE [IN THIS COMMONWEALTH
14 UNLESS THE INDIVIDUAL IS REGISTERED AS AN ACUPUNCTURIST BY ONE
15 OF THE BOARDS.] OR TO USE CHINESE HERBAL THERAPY UNLESS THE
16 INDIVIDUAL IS REGISTERED BY ONE OF THE BOARDS AS AN
17 ACUPUNCTURIST OR AS A PRACTITIONER OF ORIENTAL MEDICINE. AN
18 INDIVIDUAL WILLFULLY VIOLATING THE PROVISIONS OF THIS ACT SHALL
19 BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
20 (B) INJUNCTION.--THE UNLAWFUL PRACTICE OF ACUPUNCTURE [AS
21 DEFINED] OR USE OF CHINESE HERBAL THERAPY MAY BE ENJOINED BY THE
22 COURTS ON PETITION OF ONE OF THE BOARDS OR BY THE COMMISSIONER.
23 IN ANY SUCH PROCEEDING, IT SHALL NOT BE NECESSARY TO SHOW THAT
24 ANY PERSON IS INDIVIDUALLY INJURED BY THE ACTIONS COMPLAINED OF.
25 IF THE RESPONDENT IS FOUND GUILTY OF THE UNLAWFUL PRACTICE OF
26 ACUPUNCTURE OR USE OF CHINESE HERBAL THERAPY, THE COURT SHALL
27 ENJOIN HIM FROM SO PRACTICING UNLESS HE HAS BEEN DULY
28 REGISTERED. PROCEDURE IN SUCH CASES SHALL BE THE SAME AS IN ANY
29 OTHER INJUNCTION SUIT. THE REMEDY OF INJUNCTION SHALL BE IN
30 ADDITION TO CRIMINAL PROSECUTION AND PUNISHMENT.
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1 SECTION 5. THE STATE BOARD OF MEDICINE AND THE STATE BOARD
2 OF OSTEOPATHIC MEDICINE SHALL EACH PROMULGATE REGULATIONS TO
3 CARRY INTO EFFECT THE PROVISIONS OF THIS ACT WITHIN 180 DAYS OF
4 THE EFFECTIVE DATE OF THIS SECTION.
5 SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
6 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
7 IMMEDIATELY:
8 (I) THIS SECTION.
9 (II) SECTION 5 OF THIS ACT.
10 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180
11 DAYS.
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