2015 -- S 0234 SUBSTITUTE A

========

LC000983/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - THE HEALING ART OF

ACUPUNCTURE

     Introduced By: Senator Roger Picard

     Date Introduced: February 11, 2015

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 5-37.2 of the General Laws entitled "The Healing Art

of Acupuncture" is hereby amended to read as follows: "The Healing Art of Acupuncture and

Oriental Medicine".

     SECTION 2. Sections 5-37.2-1, 5-37.2-2, 5-37.2-7, 5-37.2-8.1, 5-37.2-9, 5-37.2-10, 5-

37.2-12, 5-37.2-12.1, 5-37.2-12.2, 5-37.2-12.3, 5-37.2-12.4, 5-37.2-13, 5-37.2-14, 5-37.2-15, 5-

37.2-18, 5-37.2-19, 5-37.2-20 and 5-37.2-21 of the General Laws in Chapter 5-37.2 entitled "The

Healing Art of Acupuncture" are hereby amended to read as follows:

     5-37.2-1. Legislative declaration -- Acupuncture. Legislative declaration –

Acupuncture and Oriental Medicine.-- The practice of the healing art of acupuncture and

Oriental medicine and any branch of acupuncture and Oriental medicine is declared to be a

learned profession, affecting public safety and welfare and charged with the public interest, and

subject to protection and regulation by the state.

     5-37.2-2. Definitions. -- Unless the context otherwise requires, the words, phrases, and

derivatives employed in this chapter have the meanings ascribed to them in this section:

      (1) "Acupuncture" means the insertion of needles into the human body by piercing the

skin of the body, for the purpose of controlling and regulating the flow and balance of energy and

blood in the body.

      (2) "Department" means the state department of health.

      (3) "Doctor of acupuncture Acupuncture and Oriental Medicine" means a person

licensed under the provisions of this chapter to practice the art of healing known as acupuncture

and Oriental medicine.

      (4) "Licensed acupuncture assistant" means a person who assists in the practice of

acupuncture under the direct supervision of a person licensed under the provisions of this chapter

to practice acupuncture.

     (5) "Oriental medicine" means a form of health care, based on classical Chinese medical

concepts and modern Oriental medical techniques, that employs Chinese medical diagnosis such

as pulse, tongue, palpatory and observational diagnosis as well as acupuncture therapies and

diagnostic techniques based on newer scientific models for the assessment, treatment, prevention

and cure of any disease with the purpose of full health restoration. The techniques and modalities

of Oriental Medicine include acupuncture, electro-acupuncture, laser acupuncture, moxibustion

(heat therapy), cupping, TDP and infrared lamps, Tuina, Qi Gong, Gwa/sha, thermograpthy,

herbal GMP standardized therapy, homeopathy and supplement therapy, chinese dieting therapy,

breathing exercises, and life style change consultations.

     5-37.2-7. Powers of department. -- For the purpose of conducting its responsibilities

under this chapter, the department shall:

      (1) Engage persons of established reputation and known ability in acupuncture and

Oriental medicine as consultants to the department; the Rhode Island Society of Acupuncture and

Oriental Medicine and any other professional association of acupuncture and Oriental medicine

are is designated as the appropriate body bodies with which the department shall consult for

referral of consultants and other assistance to the department.

      (2) Maintain an office in the state to carry out the provisions of this chapter;

      (3) Promulgate rules and regulations, or either of them, not inconsistent with the

provisions of this chapter. These rules and regulations may include a code of ethics regulating the

professional conduct of licensees; and

      (4) Compel the attendance of witnesses and the production of evidence by subpoena and

administer oaths.

     5-37.2-8.1. License required. -- (a) Unless licensed as a doctor of acupuncture and

Oriental medicine under this chapter, or exempt from licensure under the provisions of this

chapter, no person shall practice or hold himself or herself out as practicing, or engaging in the

practice of, acupuncture and Oriental medicine, either for compensation or gratuitously.

      (b) This chapter shall not be construed to make unlawful the activities of persons

involved in research performed under the auspices of a federal or state regulated research

LC000983/SUB A - Page 2 of 8

institution.

     5-37.2-9. Special licensing. -- Upon application to the department prior to July 1, 1980,

any person who has been an instructor in the art of acupuncture and Oriental medicine at a

domestic or foreign college or university satisfactory to the department for a period of two (2)

years and who has had at least ten (10) years experience, shall be granted a license by the

department as a doctor of acupuncture and Oriental medicine without the necessity of taking an

examination.

     5-37.2-10. Application for licenses -- Fees. -- An applicant for examination for a license

to practice acupuncture and Oriental medicine or any branch of acupuncture and Oriental

medicine, shall:

      (1) Submit an application to the department on forms provided by the department;

      (2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and

meets the appropriate education requirements;

      (3) Pay a fee as set forth in § 23-1-54 and

      (4) Pay any fees required by the department for an investigation of the applicant or for

the services of a translator, if required, to enable the applicant to take the examination.

     5-37.2-12. Issuance of licenses to practice acupuncture. -- The department shall issue a

license for the practice of acupuncture and Oriental medicine where the applicant meets the

requirements of § 5-37.2-12.1 except as exempted.

     5-37.2-12.1. Examination requirements and issuance of license. -- (a) No person shall

be licensed as a doctor of acupuncture and Oriental medicine unless he or she has passed the

examination by the National Commission of Certification of Acupuncture and Oriental Medicine.

      (b) Before any applicant is eligible for licensure, he or she shall furnish satisfactory

proof that he or she:

      (1) Is a United States citizen or legal alien;

      (2) Has demonstrated proficiency in the English language;

      (3) Is at least twenty one (21) years of age;

      (4) Is of good moral character;

      (5) Has completed an accredited program of at least thirty-six (36) months and not less

than twenty-five hundred (2500) hours of training, and has received a certificate or diploma from

an institute approved by the National Accreditation Commission for Schools and Colleges of

Acupuncture and Oriental Medicine, according to the provisions of this chapter; provided, that

this subdivision does not apply to anyone licensed to practice under chapter 37 of this title who is

qualified to take and pass the test by the National Commission for the Certification of

LC000983/SUB A - Page 3 of 8

Acupuncture and Oriental Medicine;

      (6) Has completed a clinical internship training that is designated as appropriate by the

National Commission for the Certification of Acupuncture and Oriental Medicine; and

      (7) Has three (3) letters of reference from reputable individuals other than relatives, and

at least two (2) of which are from licensed or registered doctors of acupuncture and Oriental

medicine.

     5-37.2-12.2. Reciprocal licensing requirements. -- The health department may, at its

discretion, issue a license without examination to a doctor of acupuncture and Oriental medicine

who has been licensed, certified, or formally legally recognized as an acupuncturist in any state or

territory if all three (3) of the following conditions are met to its satisfaction:

      (1) The applicant meets the requirements of practice in the state or territory in which the

applicant is licensed, certified, or registered as an acupuncturist;

      (2) The requirements for practice in the state or territory in which the applicant is

licensed, certified, or registered as an acupuncturist are at least as stringent as those of this state;

and

      (3) The state or territory in which the applicant is licensed, certified, or legally

recognized as an acupuncturist permits a practitioner licensed in this state to practice acupuncture

and Oriental medicine in that jurisdiction.

     5-37.2-12.3. Continuing education for acupuncture - Establishment of standards. --

Continuing education for acupuncture and Oriental medicine. --The health department shall

establish, by regulation, mandatory continuing education requirements for a doctor of

acupuncture and Oriental medicine licensed in this state, including, but not limited to, the

following:

      (1) Each person licensed under this chapter, whether or not residing within this state,

shall complete twenty (20) forty (40) hours of continuing education within each annual bienniel

renewal period, except during the initial annual renewal period.

      (2) Continuing education hours will be accepted by the department for course work

which has been presented, accepted, or approved by a nationally recognized acupuncture and

Oriental medicine organization or its local chapter, or any accredited school of acupuncture and

Oriental medicine.

      (3) At the time of license renewal, each licensee is required to attest to the fact of having

complied with the requirements in this section. Course descriptions, proof of attendance, or other

documentation of completion is retained by the licensee for a minimum of three (3) years and is

subject to random audit by the department. Failure to produce satisfactory documentation of

LC000983/SUB A - Page 4 of 8

completion upon request by the department constitutes grounds for disciplinary action under the

provisions of this chapter.

      (4) Each person not obtaining the required number of hours of continuing education may

have his or her license renewed for just cause, as determined by the department, so long as the

department requires that the deficient hours of continuing education, and all unpaid fees, are

made up during the following renewal period in addition to the current continuing education

requirements for the renewal period. If any doctor of acupuncture and Oriental medicine fails to

make up the deficient hours and complete the subsequent renewal period, or fails to make up

unpaid fees, then his or her license shall not be renewed until all fees are paid and all the required

hours are completed and documented to the department.

     5-37.2-12.4. Licensure of previously licensed acupuncturists. Licensure of

previously licensed doctors of acupuncture. -- (a) Any acupuncturist doctor of acupuncture

validly licensed, certified, or registered under prior law of this state shall be deemed as licensed

under the provisions of this chapter.

      (b) No acupuncturist doctor of acupuncture licensed under this subsection shall accept or

perform professional responsibilities which the licensee knows or has reason to know that he or

she is not qualified by training, experience, or certification to perform. Violation of this section

subjects the licensee to the revocation or suspension of his or her license. The department shall

make regulations on these requirements and grant previously licensed, certified, or registered

acupuncturists qualification on a case by case basis.

     5-37.2-13. Issuance of license for acupuncture assistant. -- Issuance of license for

acupuncture and Oriental medicine assistant. -- (a) An applicant for a license for acupuncture

and Oriental medicine assistant shall be issued a license by the department if he or she:

     (1) Has successfully completed a course of study in acupuncture in any college or school

in any country, territory, province, or state requiring any attendance to thirty-six (36) months;

     (2) Practiced acupuncture for not less than three (3) years;

     (3) Passes the examination of the department for acupuncture assistant; and

     (4) Pays any fees as set forth in § 23-1-54.

     (1) Completes three hundred twenty (320) hours of clinical training with a Doctor of

Acupuncture and Oriental Medicine licensed in Rhode Island as approved by the Rhode Island

department of health;

      (2) Has attained the age of eighteen (18) years old or older;

      (3)Has obtained a high school diploma or such equivalency;

      (4) Possess good moral character;

LC000983/SUB A - Page 5 of 8

      (5) Submits three (3) letters of recommendation, one of which must be from a licensed

Doctor of Acupuncture and Oriental Medicine; and

      (6) Pays any fees as set forth in § 23-1-54.

      (b) An assistant of acupuncture and Oriental medicine may assist in the utilization of

other techniques of Oriental medicine as trained and directed by a licensed Doctor of

Acupuncture and Oriental Medicine, including moxibustion, suction cups, removal of needles,

TDP lamps and Tuina. However, an assistant of acupuncture and Oriental medicine cannot

diagnose, write up and deliver treatment plans or perform acupuncture.

     5-37.2-14. Recordation and display of licenses -- Annual registration fee -- Penalties

for failure to pay fee. -- (a) Every person holding a license authorizing him or her to practice

acupuncture and Oriental medicine or to serve as an acupuncture assistant in this state shall

record his or her license with the city or town hall in the city or town where his or her office and

residence are located. Every licensee upon a change of residence or office shall have his or her

certificate recorded in the same manner in the municipality to which he or she has changed.

      (b) Every license shall be displayed in the office, place of business, or place of

employment of the license holder.

      (c) Every person holding a license shall pay to the department on or before February 1 of

each year, the annual registration fee required pursuant to department rules and regulation. If the

holder of a license fails to pay the registration fee his or her license shall be suspended. The

license may be reinstated by payment of the required fee within ninety (90) days after February 1.

      (d) A license which is suspended for more than three (3) months under the provisions of

subsection (c) of this section may be canceled by the board after thirty (30) days notice to the

holder of the license.

      (e) [Deleted by P.L. 2007, ch. 73, art. 39, § 11.]

     5-37.2-15. Suspension, revocation, or refusal of license -- Grounds. -- The department

may either refuse to issue or may suspend or revoke any license for any one or any combination

of the following causes:

      (1) Conviction of a felony, conviction of any offense involving moral turpitude, or

conviction of a violation of any state or federal law regulating the possession, distribution or use

of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of

the court;

      (2) The obtaining of, or any attempt to obtain, a license, or practice in the profession for

money or any other thing of value, by fraudulent misrepresentations;

      (3) Gross malpractice;

LC000983/SUB A - Page 6 of 8

      (4) Advertising by means of knowingly false or deceptive statement;

      (5) Advertising, practicing, or attempting to practice under a name other than one's own;

      (6) Habitual drunkenness or habitual addiction to the use of a controlled substance as

defined in § 21-28-1.02;

      (7) Using any false, fraudulent, or forged statement or document, or engaging in any

fraudulent, deceitful, dishonest, immoral practice in connection with the licensing requirement of

this chapter;

      (8) Sustaining a physical or mental disability which renders further practice dangerous;

      (9) Engaging in any dishonorable, unethical, or unprofessional conduct which may

deceive, defraud, or harm the public, or which is unbecoming a person licensed to practice under

this chapter;

      (10) Using any false or fraudulent statement in connection with the practice of

acupuncture or any branch of acupuncture;

      (11) Violating or attempting to violate, or assisting or abetting the violation of, or

conspiring to violate, any provision of this chapter;

      (12) Being adjudicated incompetent or insane;

      (13) Advertising in an unethical or unprofessional manner;

      (14) Obtaining a fee or financial benefit for any person by the use of fraudulent

diagnosis, therapy, or treatment;

      (15) Willfully disclosing a privileged communication;

      (16) Failure of a licensee to designate his or her school of practice in the professional use

of his or her name by the term "doctor of acupuncture and Oriental medicine" or "acupuncture

assistant", as the case may be;

      (17) Willful violation of the law relating to the health, safety, or welfare of the public, or

of the rules and regulations promulgated by the state board of health;

      (18) Administering, dispensing, or prescribing any controlled substance as defined in §

21-28-1.02, except for the prevention, alleviation, or cure of disease or for relief from suffering;

and

      (19) Performing, assisting, or advising in the injection of any liquid silicone substance

into the human body.

     5-37.2-18. Reporting vital statistics. -- Doctors of acupuncture and Oriental medicine

shall observe and be subject to all state and municipal regulations relative to reporting all births

and deaths in all matters pertaining to the public health.

     5-37.2-19. Seminars not in accordance with department regulations prohibited --

LC000983/SUB A - Page 7 of 8

Penalty. -- (a) No seminar concerning acupuncture and Oriental medicine may be conducted in

this state except in accordance with regulations prescribed by the department for bona fide

educational seminars.

      (b) Any person who violates subsection (a) of this section is guilty of a misdemeanor.

     5-37.2-20. Practice without a license a misdemeanor. -- A person who represents

himself or herself as a practitioner of acupuncture and Oriental medicine or any branch of

acupuncture and Oriental medicine, and who engages in the practice of acupuncture and Oriental

medicine or any branch of acupuncture and Oriental medicine in this state without holding a valid

license issued by the department is guilty of a misdemeanor.

     5-37.2-21. Injunctive relief. -- (a) The department may maintain in any court of

competent jurisdiction a suit for an injunction against any person or persons practicing

acupuncture and Oriental medicine or any branch of acupuncture and Oriental medicine without a

license.

      (b) This injunction:

      (1) May be issued without proof of actual damage sustained by any person, this

provision being understood to be a preventive as well as a punitive measure.

      (2) Shall not relieve the person from criminal prosecution for practicing without a

license.

     SECTION 2. This act shall take effect upon passage.

========

LC000983/SUB A

========

LC000983/SUB A - Page 8 of 8

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - THE HEALING ART OF

ACUPUNCTURE

***

      This act would include the term Oriental medicine in defining the scope and technique of

acupuncture.

     This act would take effect upon passage.

========

LC000983/SUB A

========

LC000983/SUB A - Page 9 of 8