SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYTON, CALTAGIRONE, READSHAW AND JOSEPHS, APRIL 5, 2011

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, MARCH 27, 2012   

AN ACT

Amending the act of February 14, 1986 (P.L.2, No.2), entitled,

as amended, "An act regulating the right to practice

acupuncture; requiring the licensure of acupuncturists; and

providing a penalty," further providing for medical

diagnosis; and providing for liability insurance.

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.

(c)  Exception.--Subsections (a) and (b) shall not apply if a

person does not present any symptoms of a condition.

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

Section 3.2.  Liability insurance.

(a)  Required coverage.--An acupuncturist shall obtain and

maintain, to the satisfaction of the board, professional

liability insurance coverage in the minimum amount of $1,000,000

per occurrence or claims made.

(b)  Noncompliance.--Failure to maintain insurance coverage

as required under this section shall be actionable under

sections 3 and 5.

(c)  Evidence of coverage.--The board shall accept as

satisfactory evidence of insurance coverage under this section

the following:

(1)  self-insurance;

(2)  personally purchased professional liability

insurance; or

(3)  professional liability insurance coverage provided

by the acupuncturist's employer or similar type of coverage

acceptable to the board.

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

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

<--

(P.L.2, No.2), known as the Acupuncture Licensure 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.

(c)  Exception.--Subsections (a) and (b) shall not apply if a

person does not present any symptoms of a condition.

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

Section 3.2.  Liability insurance.

(a)  Required coverage.--A licensee shall obtain and

maintain, to the satisfaction of the board, professional

liability insurance coverage in accordance with the provisions

of this section.

(b)  Minimum coverage.--A licensee under this act, practicing

in this Commonwealth, shall maintain a level of professional

liability insurance coverage in the minimum amount of $1,000,000

per occurrence or claims made. Failure to maintain insurance

coverage as required shall subject the licensee to disciplinary

proceedings.

(c)  Noncompliance.--A licensee shall notify the board within

30 days of the licensee's failure to be covered by the required

insurance. Failure to notify the board shall be actionable under

sections 3 and 5. The license to practice may be placed in

inactive status or suspended, as determined by the board, upon

failure to be covered by the required insurance and shall not be

restored until submission to the board of satisfactory evidence

that the licensee has the required professional liability

insurance coverage.

(d)  Evidence of noncompliance.--The board shall accept from

a licensee as satisfactory evidence of insurance coverage under

this subsection any or all of the following:

(1)  Self-insurance.

(2)  Personally purchased professional liability

insurance.

(3)  Professional liability insurance coverage provided

by the licensee's employer or any similar type of coverage

acceptable to the board.

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