THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, FONTANA AND STACK, FEBRUARY 23, 2011

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARY 23, 2011  

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," 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 claim 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

any of the following:

(1)  Self insurance.

(2)  Personally purchased professional liability

insurance.

(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.