HOUSE AMENDED PRIOR PRINTER'S NOS. 792, 1206, 1255, PRINTER'S NO. 1680 1349
No. 693 Session of 1985
INTRODUCED BY STAUFFER, BRIGHTBILL, ANDREZESKI AND LYNCH, APRIL 16, 1985
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 9, 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.
1 "Acupuncturists." "ACUPUNCTURIST." An individual registered <--
2 to practice acupuncture by the State Board of Medical Education
3 and Licensure.
4 "Board." The State Board of Medical Education and Licensure.
5 "COMMISSIONER." THE COMMISSIONER OF PROFESSIONAL AND <--
6 OCCUPATIONAL AFFAIRS IN THE DEPARTMENT OF STATE.
7 Section 3. Regulation of the practice of acupuncture.
8 (a) Registration required.--Acupuncture may be practiced by
9 or at the direction and under the supervision of a physician. An
10 individual, including a physician, shall be registered with the
11 board before the individual may practice acupuncture in this
12 Commonwealth. Individuals shall renew their registrations
13 biennially with the board.
14 (b) Regulations to be promulgated.--The board shall
15 promulgate regulations requiring the proper training of
16 individuals, including physicians, before they may be registered
17 to practice acupuncture in this Commonwealth. Proper training
18 shall include to the extent determined by the board, education
19 or demonstrated experience in the practice of acupuncture. The
20 board may promulgate such other regulations as are deemed proper
21 and necessary regarding the practice of acupuncture.
22 (c) Practice to be under general supervision of a
23 physician.--An acupuncturist is not required to practice
24 acupuncture on the premises of the office of a physician,
25 however, an acupuncturist, other than a physician, is required
26 to practice acupuncture under the general supervision of a
27 physician. The supervising physician is not required to be
28 registered with the board as an acupuncturist. "General
29 supervision" means the supervising physician shall:
30 (1) Perform a medical diagnostic examination or review
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1 the results of a recently performed medical diagnostic 2 examination with respect to any ailment or condition to be 3 treated by acupuncture prior to such treatment. 4 (2) Be personally available for consultation on the 5 premises or be available by telephone contact, chart review 6 or other means approved by the board. 7 (3) Place conditions and restrictions on the course of 8 treatment if required as a matter of sound medical practice. 9 (d) Removal from registration.--The board shall have the 10 authority to suspend, revoke or cancel the registration of any 11 person who engages in unprofessional conduct or incompetent 12 practice, is addicted to drugs or alcohol, or violates any 13 provisions of the act or rules or regulations of the board. 14 (e) Section not applicable to dentists and podiatrists.-- 15 This section shall not apply to a dentist performing acupuncture 16 in connection with the practice of dentistry or a podiatrist 17 performing acupuncture in a connection with the practice of 18 podiatry. 19 Section 4. Fees. 20 The board may charge a reasonable fee, fixed by the board by 21 regulation, for all registrations, renewals and examinations 22 authorized by this act or the regulations promulgated under 23 section 3(b). 24 Section 5. Penalties. 25 (a) Registration.--Except as provided for in section 3(e), 26 it shall be unlawful for an individual to practice acupuncture 27 in this Commonwealth unless the individual is registered as an 28 acupuncturist by the board. An individual willfully violating 29 the provisions of this act shall be guilty of a misdemeanor of 30 the third degree. 19850S0693B1680 - 3 -
1 (b) Injunction.--The unlawful practice of acupuncture as 2 defined may be enjoined by the courts on petition of the board 3 or by the commissioner. In any such proceeding, it shall not be 4 necessary to show that any person is individually injured by the 5 actions complained of. If the respondent is found guilty of the 6 unlawful practice of acupuncture, the court shall enjoin him 7 from so practicing unless he has been duly registered. Procedure 8 in such cases shall be the same as in any other injunction suit. 9 The remedy of injunction shall be in addition to criminal 10 prosecution and punishment. 11 Section 6. Disposition of certain moneys. 12 All fees, charges and fines collected under the provisions of 13 this act shall be appropriated pursuant to the provisions of 14 section 907 of the act of October 15, 1975 (P.L.390, No.111), 15 known as the Health Care Services Malpractice Act. 16 Section 7. Effective date. 17 This act shall take effect immediately. C18L63RAW/19850S0693B1680 - 4 -