PRIOR PRINTER'S NOS. 792, 1206, 1255 PRINTER'S NO. 1349
No. 693 Session of 1985
INTRODUCED BY STAUFFER, BRIGHTBILL, ANDREZESKI AND LYNCH, APRIL 16, 1985
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 18, 1985
AN ACT 1 Regulating the right to practice acupuncture; requiring the 2 registration of acupuncturists; and providing a penalty. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Acupuncture 7 Registration Act. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Acupuncture." The stimulation of certain points on or near 13 the surface of the body by the insertion of needles to prevent 14 or alleviate the perception of pain or to normalize 15 physiological functions, including pain control, for the 16 treatment of certain diseases or dysfunctions of the body. 17 "Acupuncturists." An individual registered to practice
1 acupuncture by the State Board of Medical Education and 2 Licensure. 3 "Board." The State Board of Medical Education and Licensure. 4 Section 3. Regulation of the practice of acupuncture. 5 (a) Registration required.--Acupuncture may be practiced by 6 or at the direction and under the supervision of a physician. An 7 individual, including a physician, shall be registered with the 8 board before the individual may practice acupuncture in this 9 Commonwealth. INDIVIDUALS SHALL RENEW THEIR REGISTRATIONS <-- 10 BIENNIALLY WITH THE BOARD. 11 (b) Regulations to be promulgated.--The board shall 12 promulgate regulations requiring the proper training of 13 individuals, including physicians, before they may be registered 14 to practice acupuncture in this Commonwealth. Proper training 15 shall include to the extent determined by the board, education 16 or demonstrated experience in the practice of acupuncture. The 17 board may promulgate such other regulations as are deemed proper 18 and necessary regarding the practice of acupuncture. 19 (c) Practice to be under general supervision of a 20 physician.--An acupuncturist is not required to practice 21 acupuncture on the premises of the office of a physician, 22 however, an acupuncturist, other than a physician, is required 23 to practice acupuncture under the general supervision of a 24 physician. The supervising physician is not required to be 25 registered with the board as an acupuncturist. "General 26 supervision" means the supervising physician shall: 27 (1) Perform a medical diagnostic examination or review 28 the results of a recently performed medical diagnostic 29 examination with respect to any ailment or condition to be 30 treated by acupuncture prior to such treatment. 19850S0693B1349 - 2 -
1 (2) Be personally available for consultation on the
2 premises or be available by telephone contact, chart review
3 or other means approved by the board.
4 (3) Place conditions and restrictions on the course of
5 treatment if required as a matter of sound medical practice.
6 (d) Removal from registration.--The board shall have the
7 authority to suspend, revoke or cancel the registration of any
8 person who engages in unprofessional conduct or incompetent
9 practice, is addicted to drugs or alcohol, or violates any
10 provisions of the act or rules or regulations of the board.
11 (e) Section not applicable to dentists and podiatrists.--
12 This section shall not apply to a dentist performing acupuncture
13 in connection with the practice of dentistry or a podiatrist
14 performing acupuncture in a connection with the practice of
15 podiatry.
16 SECTION 4. FEES. <--
17 THE BOARD MAY CHARGE A REASONABLE FEE, FIXED BY THE BOARD BY
18 REGULATION, FOR ALL REGISTRATIONS, RENEWALS AND EXAMINATIONS
19 AUTHORIZED BY THIS ACT OR THE REGULATIONS PROMULGATED UNDER
20 SECTION 3(B).
21 Section 4 5. Penalties. <--
22 (a) Registration.--Except as provided for in section 3(e),
23 it shall be unlawful for an individual to practice acupuncture
24 in this Commonwealth unless the individual is registered as an
25 acupuncturist by the board. An individual willfully violating
26 the provisions of this act shall be guilty of a misdemeanor of
27 the third degree.
28 (b) Injunction.--The unlawful practice of acupuncture as
29 defined may be enjoined by the courts on petition of the board
30 or by the commissioner. In any such proceeding, it shall not be
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1 necessary to show that any person is individually injured by the
2 actions complained of. If the respondent is found guilty of the
3 unlawful practice of acupuncture, the court shall enjoin him
4 from so practicing unless he has been duly registered. Procedure
5 in such cases shall be the same as in any other injunction suit.
6 The remedy of injunction shall be in addition to criminal
7 prosecution and punishment.
8 SECTION 6. DISPOSITION OF CERTAIN MONEYS. <--
9 ALL FEES, CHARGES AND FINES COLLECTED UNDER THE PROVISIONS OF
10 THIS ACT SHALL BE APPROPRIATED PURSUANT TO THE PROVISIONS OF
11 SECTION 907 OF THE ACT OF OCTOBER 15, 1975 (P.L.390, NO.111),
12 KNOWN AS THE HEALTH CARE SERVICES MALPRACTICE ACT.
13 Section 5 7. Effective date. <--
14 This act shall take effect immediately.
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