PRIOR PRINTER'S NOS. 792, 1206, 1255          PRINTER'S NO. 1349

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.
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     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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