THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, SEPTEMBER 27, 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 Licensure 

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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 A licensee shall

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obtain and maintain, to the satisfaction of the board,

professional liability insurance coverage in accordance with the

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provisions of this section. in the minimum amount of $1,000,000

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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.

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

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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 shall automatically be

suspended 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.