AN ACT

 

1Amending the act of February 14, 1986 (P.L.2, No.2), entitled
2"An act regulating the right to practice acupuncture;
3requiring the licensure of acupuncturists; and providing a
4penalty," further providing for medical diagnosis; and
5providing 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
19first treatment if the person obtained a diagnosis of the

1treated condition from a licensed physician, dentist or
2podiatrist.

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

5Section 2. The act is amended by adding a section to read:

6Section 3.2. Liability insurance.

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

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

17(c) Noncompliance.--A licensee shall notify the board within
1830 days of the licensee's failure to be covered by the required
19insurance. Failure to notify the board shall be actionable under
20sections 3 and 5. The license to practice shall automatically be
21suspended upon failure to be covered by the required insurance
22and shall not be restored until submission to the board of
23satisfactory evidence that the licensee has the required
24professional liability insurance coverage.

25(d) Evidence of compliance.--The board shall accept from a
26licensee as satisfactory evidence of insurance coverage under
27this subsection any or all of the following:

28(1) Self-insurance.

29(2) Personally purchased professional liability
30insurance.

1(3) Professional liability insurance coverage provided
2by the licensee's employer or any similar type of coverage
3acceptable to the board.

4Section 3. This act shall take effect in 90 days.