THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, FONTANA, M. WHITE AND ALLOWAY, SEPTEMBER 2, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, SEPTEMBER 2, 2009  

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," deleting provisions relating to medical diagnosis;

and providing for patient advice and consent.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3.1 of the act of February 14, 1986

(P.L.2, No.2), known as the Acupuncture Registration Act, added

November 29, 2006 (P.L.1625, No.186), is amended to read:

[Section 3.1.  Medical diagnosis.

(a)  Treatment without diagnosis.--Except as provided in

subsection (b), an acupuncturist may treat a person's condition

without the condition being diagnosed by a licensed physician,

dentist or podiatrist for 60 calendar days from the date of the

first treatment.

(b)  Treatment with diagnosis.--An acupuncturist may treat a

person's condition beyond 60 calendar days from the date of the

first treatment if the person obtained a diagnosis of the

treated condition from a licensed physician, dentist or

podiatrist.]

Section 2.  The act is amended by adding a section to read:

Section 3.2.  Patient advice and consent.

(a)  General rule.--The acupuncturist shall advise the

patient that acupuncture therapeutics is not a substitute for

conventional medical diagnosis and treatment.

(b)  Consent form.--The patient and acupuncturist shall sign

a form stating that the patient realizes it is his

responsibility to seek conventional medical diagnosis and

treatment.

(c)  Duties of board.--The form shall be developed and

approved by the board for use under the provisions of this

section.

(d)  Record.--A copy of this statement shall be kept in the

patient's file at the acupuncturist's office.

Section 3.  This act shall take effect in 90 days.