AN ACT

 

1Amending the act of February 14, 1986 (P.L.2, No.2), entitled,
2as amended, "An act regulating the right to practice
3acupuncture; requiring the licensure of acupuncturists; and
4providing a penalty," further providing for medical
5diagnosis; and providing for liability insurance.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Section 3.1 of the act of February 14, 1986
9(P.L.2, No.2), known as the Acupuncture Licensure Act, added
10November 29, 2006 (P.L.1625, No.186), is amended to read:

11Section 3.1.  Medical diagnosis.

12(a)  Treatment without diagnosis.--Except as provided in
13subsection (b), an acupuncturist may treat a person's condition
14without the condition being diagnosed by a licensed physician,
15dentist or podiatrist for 60 calendar days from the date of the
16first treatment.

17(b)  Treatment with diagnosis.--An acupuncturist may treat a
18person's condition beyond 60 calendar days from the date of the

1first treatment if the person obtained a diagnosis of the
2treated condition from a licensed physician, dentist or
3podiatrist.

4(c)  Exception.--Subsections (a) and (b) shall not apply if a
5person does not present any symptoms of a condition.

6Section 2.  The act is amended by adding a section to read:

7Section 3.2.  Liability insurance.

8(a)  Required coverage.--A licensee shall obtain and 
9maintain, to the satisfaction of the board, professional 
10liability insurance coverage in accordance with the provisions 
11of this section.

12(b)  Minimum coverage.--A licensee practicing in this
13Commonwealth shall maintain a level of professional liability
14insurance coverage in the minimum amount of $1,000,000 per
15occurrence or claim made. Failure to maintain insurance coverage
16as required shall subject the licensee to disciplinary
17proceedings.

18(c)  Noncompliance.--A licensee shall notify the board no
19later than 30 days of the licensee's failure to be covered by
20the required insurance. Failure to notify the board shall be
21actionable under sections 3 and 5. The license to practice may
22be placed in inactive status or suspended, as determined by the
23board, upon failure to be covered by the required insurance and
24shall not be restored until submission to the board of
25satisfactory evidence that the licensee has the required
26professional liability insurance coverage.

27(d)  Evidence of compliance.--The board shall accept from a
28licensee as satisfactory evidence of insurance coverage under
29this subsection any or all of the following:

30(1)  Self-insurance.

1(2)  Personally purchased professional liability
2insurance.

3(3)  Professional liability insurance coverage provided
4by the licensee's employer or any similar type of coverage
5acceptable to the board.

6Section 3.  This act shall take effect in 90 days.