2019 -- S 0215 SUBSTITUTE A

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LC001123/SUB A/3

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - THE HEALING ART OF

ACUPUNCTURE AND ORIENTAL MEDICINE

     

     Introduced By: Senator Joshua Miller

     Date Introduced: January 31, 2019

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. The title of Chapter 37.2 of Title 5 of the General Laws entitled "The

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

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CHAPTER 37.2

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The Healing Art of Acupuncture and Oriental Medicine

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CHAPTER 37.2

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THE PRACTICE OF ACUPUNCTURE AND CHINESE MEDICINE

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     SECTION 2. Sections 5-37.2-1, 5-37.2-1.1, 5-37.2-2, 5-37.2-7, 5-37.2-8.1, 5-37.2-9, 5-

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37.2-10, 5-37.2-12, 5-37.2-12.1, 5-37.2-12.2, 5-37.2-12.3, 5-37.2-14, 5-37.2-15, 5-37.2-18, 5-

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

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Art of Acupuncture and Oriental Medicine" are hereby amended to read as follows:

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     5-37.2-1. Legislative declaration -- Acupuncture and Oriental Medicine. Legislative

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declaration -- Acupuncture and Chinese Medicine.

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     The practice of the healing art of acupuncture and Oriental Chinese medicine, and any

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branch of acupuncture and Oriental Chinese medicine, is declared to be a learned profession,

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affecting public safety and welfare and charged with the public interest, and subject to protection

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and regulation by the state.

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     5-37.2-1.1. Board of acupuncture and Oriental medicine. Board of acupuncture and

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Chinese medicine.

 

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     (a) The director of the department shall appoint a board of acupuncture and Oriental

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Chinese medicine. The board shall consist of five (5) members, all of whom shall be residents of

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the state, four (4) of whom shall be doctors of acupuncture and Oriental Chinese medicine

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licensed by the department and engaged in the practice of acupuncture and Oriental Chinese

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medicine in the state for at least five (5) years prior to their appointment, and there shall be one

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public member. The members shall be appointed for terms of three (3) years; each member may

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serve a maximum of two (2) consecutive, full terms. No member of the board of acupuncture and

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Oriental Chinese medicine shall receive compensation for his or her attendance at meetings of the

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board.

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     (b) The director of health may remove any member from the board for neglect of any

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duty required by law or for any incompetency, unprofessional, or dishonorable conduct.

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Vacancies created by voluntary resignation or removal by the director of health shall be filled in

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the same manner as the original appointment was made for the remainder of the term.

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     5-37.2-2. Definitions.

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     Unless the context otherwise requires, the words, phrases, and derivatives employed in

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

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

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

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body physiology.

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     (2) "Acupuncture and Chinese medicine" means a form of health care, with a foundation

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in classical and modern Chinese medical concepts and theory, that employs Chinese medical

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diagnostic methods such as pulse, tongue, palpation and observational diagnosis, as well as

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diagnostic techniques based on newer scientific models. "Acupuncture and Chinese medicine"

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includes acupuncture and adjunct therapies for the promotion, maintenance, or restoration of

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health, and the treatment, or prevention, of any ailment. The techniques and adjunct therapies of

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"Acupuncture and Chinese medicine" may include acupuncture, electro-acupuncture, laser

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acupuncture, moxibustion (heat therapy), cupping, TDP and infrared lamps, manual therapies

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such as gua sha, cupping and tui na, corrective exercises such as Qi Gong, Chinese herbal

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medicine, dietary therapy, breathing exercises, and life-style change consultations.

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     (3) "Auricular acudetox", also known as "5 Needle Protocol", "5NP", or "NADA

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protocol" means a standardized point auricular acupuncture protocol, consisting of five (5) points:

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Sympathetic, Shen Men, Liver, Kidney, and Lung, and was developed by the National

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Acupuncture Detox Association (NADA) as an adjunct therapy for the treatment of addiction,

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substance use disorder, mental and behavioral health, trauma, and for relief in disaster settings.

 

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     (4) "Auricular acupuncture technician (AAT)" means a qualified individual, as defined in

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this section, with auricular acupuncture technician training based on the program developed by

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NADA, and is delivered by NADA, or equivalent.

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     (5) "Chinese herbal medicine" means traditional combinations of raw, granular

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preparations of herbs to produce formulas from Chinese herbal literature, the modification of

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those traditional combinations, or the writing of new formulas to address individual symptom

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presentations, through addition, deletion, substitution or change in dosages of ingredients and the

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dispensing of these herbal preparations to patients, including in pill, tablet, capsule or liquid form.

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

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     (7) "Doctor of acupuncture" means a person licensed under the provisions of this chapter

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to practice acupuncture and Chinese medicine.

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     (3)(8) "Doctor of Acupuncture and Oriental Chinese Medicine" means a person licensed

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

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Oriental Chinese medicine, and who has additional training, experience or certification to practice

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Chinese herbal medicine.

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

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

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

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

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

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

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

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

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breathing exercises, and life-style change consultations.

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     (9) "General supervision" means, but is not limited to, availability by telephone or other

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electronic means during business hours.

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     (10) "National Acupuncture Detoxification Association" or "NADA" means a not-for-

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profit organization that provides a certificate of acudetox training.

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     (11) "Qualified individual" means a licensed physician, physician's assistant, nurse, nurse

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practitioner, clinical social worker, mental health counselor, certified peer recovery specialist, or

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certified alcohol or chemical dependency professional, trained and certified in auricular acudetox.

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A qualified individual is required to be under general supervision of a licensed acupuncturist

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pursuant to chapter 37.2 of this title.

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     5-37.2-7. Powers of department.

 

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     For the purpose of conducting its responsibilities under this chapter, the department shall:

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

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

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Acupuncture and Oriental Medicine and any other professional association of acupuncture and or

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Oriental Chinese medicine are designated as appropriate bodies with which the department shall

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consult for referral of consultants and other assistance to the department.

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

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

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

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professional conduct of licensees; and

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

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administer oaths.

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     5-37.2-8.1. License required.

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     (a) Unless licensed as a doctor of acupuncture and Oriental or Chinese medicine under

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this chapter, or exempt from licensure under the provisions of this chapter, no person shall

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practice or hold himself or herself out as practicing, or engaging in the practice of, acupuncture

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and Oriental Chinese medicine, either for compensation or gratuitously.

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

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

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institution.

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     5-37.2-9. Special licensing.

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     (a) Upon application to the department prior to July 1, 1980, any person who has been an

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instructor in the art of acupuncture and Oriental or Chinese medicine at a domestic or foreign

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college or university satisfactory to the department for a period of two (2) years and who has had

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at least ten (10) years experience, shall be granted a license by the department as a doctor of

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acupuncture and Oriental or doctor of acupuncture and Chinese medicine without the necessity of

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taking an examination.

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     (b) An acupuncturist, licensed and in good standing to practice acupuncture in another

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jurisdiction, may perform acupuncture or acupuncture and Chinese medicine while teaching or

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demonstrating or providing acupuncture in connection with teaching or participating in an

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educational seminar in Rhode Island.

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     (c) An auricular acupuncture technician, qualified and trained to perform 5NP, may

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perform the procedure within that individual's current scope of practice; provided, that the

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individual obtains a certificate of training from a recognized organization or agency that meets or

 

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exceeds NADA training.

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     (d) Acudetox may be performed by auricular acupuncture technicians working in, or in

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collaboration with, behavioral health and health care agencies, or other state-approved programs

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or agencies.

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     (e) Any complaints filed against an auricular acupuncture technician relating to the

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performance of any 5NP procedure shall be handled by the licensing board or department in

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conformance with the requirements of that individual's health care license or certification.

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     (f) Any individual performing 5NP shall not use the title "acupuncturist" or "doctor of

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acupuncture" or "doctor of acupuncture and Chinese medicine," as defined in § 5-37.2-2, or

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otherwise represent himself or herself as an acupuncture professional and shall not perform

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acupuncture outside of the scope of the auricular acudetox procedure.

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     (g) Nothing in this chapter is intended to limit, interfere with, or prevent a certified

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auricular acupuncture technician from practicing within the scope of their certification.

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     5-37.2-10. Application for licenses -- Fees.

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     An applicant for examination for a license to practice acupuncture and Oriental Chinese

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medicine or any branch of acupuncture and Oriental Chinese medicine shall:

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

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

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meets the appropriate education requirements;

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

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

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

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     5-37.2-12. Issuance of licenses to practice acupuncture.

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     The department shall issue a license for the practice of acupuncture and Oriental Chinese

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medicine where the applicant meets the requirements of § 5-37.2-12.1 except as exempted.

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     5-37.2-12.1. Examination requirements and issuance of license.

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     (a) No person shall be licensed as a doctor of acupuncture and Oriental or doctor of

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acupuncture and Chinese medicine unless he or she has passed the examination by the National

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Certification Commission for Acupuncture and Oriental Medicine or successor entity a

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credentialing body approved by the department.

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

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that he or she:

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

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     (2) Has demonstrated proficiency in the English language;

 

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

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     (4) Is of good moral character;

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

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than twenty-five hundred (2,500) one thousand nine hundred five (1,905) hours of training and

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has received a certificate or diploma from an institute approved by the Accreditation Commission

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for Schools and Colleges of Acupuncture and Oriental Medicine, or any accrediting body

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approved by the department, according to the provisions of this chapter; provided, that this

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

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

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Acupuncture and Oriental Medicine National Certification Commission for Acupuncture and

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Oriental Medicine, or any credentialing body meeting the standards for professional certification

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programs approved by the department;

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

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National Commission for the Certification of Acupuncture and Oriental Medicine Accreditation

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Commission for the Schools and Colleges of Acupuncture and Oriental Medicine (ACAOM) or

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any credentialing body meeting the standards for professional certification programs approved by

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the department; and

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     (7) Has three (3) two (2) letters of reference from reputable individuals other than

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relatives and at least two (2), one of which are is from a licensed or registered doctors doctor of

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acupuncture and Oriental medicine or doctor of acupuncture and Chinese medicine.

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     (c) Additional certification for the practice of Chinese herbal medicine.

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     (1) A licensed acupuncturist is required to demonstrate that he or she is qualified by

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training, experience or certification to practice Chinese herbal medicine. The department shall

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adopt rules specifying the training required for licensed acupuncturists to obtain the certification

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to practice Chinese herbal medicine.

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     (2) Licensees who obtained licensure prior to January 1, 2020, and employ herbal

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therapy, including herbal formulations, and who submitted evidence of herbal training that the

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department has determined was substantially equivalent or exceeded the ACAOM curricular

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requirements regarding Chinese herbal medicine may continue to employ herbal therapy and may

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be granted a doctor of acupuncture and Chinese medicine license by the department.

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     (3) A licensee who is licensed on or after January 1, 2020 and who completed an

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ACAOM accredited or candidate status Oriental medicine program, or Traditional Chinese

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medicine program, or who completed an herbal medicine program that the department determined

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was substantially equivalent or exceeded the ACAOM curriculum requirements regarding herbal

 

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medicine, or who has passed the Chinese herbal medicine examination by the National

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Certification Commission for Acupuncture and Oriental Medicine or a credentialing body

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approved the department, may continue to employ Chinese herbal medicine therapy, during the

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course of treatment if the licensee has obtained department approval to employ herbal therapy,

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and shall be granted a doctor of acupuncture and Chinese medicine license.

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     (d) All licensees pursuant to this chapter shall adhere to procedures that employ the use

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of disposable, single-use, sterile needles, with proper handling and disposal, and that follow the

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provisions of universal precautions.

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     5-37.2-12.2. Reciprocal licensing requirements.

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     The health department may, at its discretion, issue a license without examination to a

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doctor of acupuncture or doctor of acupuncture and Oriental Chinese medicine who has been

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licensed, certified, or formally legally recognized as an acupuncturist in any state or territory if all

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

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

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

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

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

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and

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

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

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Oriental medicine in that jurisdiction.

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     5-37.2-12.3. Continuing education for acupuncture and Oriental medicine.

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Continuing education for acupuncture and Chinese medicine.

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     The health department shall establish, by regulation, mandatory continuing education

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requirements for a doctor of acupuncture and Oriental a doctor of acupuncture and Chinese

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medicine licensed in this state, including, but not limited to, the following:

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

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shall complete forty (40) hours of continuing education within each biennial renewal period,

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except during the initial annual renewal period.

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

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have been presented, accepted, or approved by a nationally recognized acupuncture and Oriental

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

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Oriental Chinese medicine.

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

 

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

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

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

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

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provisions of this chapter.

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

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

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

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

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requirements for the renewal period. If any doctor of acupuncture and Oriental or doctor of

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acupuncture and Chinese medicine fails to make up the deficient hours and complete the

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subsequent renewal period, or fails to make up unpaid fees, then his or her license shall not be

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renewed until all fees are paid and all the required hours are completed and documented to the

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department.

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

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for failure to pay fee.

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     (a) Every person holding a license authorizing him or her to practice acupuncture and

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Oriental Chinese medicine in this state shall record his or her license with the city or town hall in

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the city or town where his or her office and residence are located. Every licensee upon a change

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of residence or office shall have his or her certificate recorded in the same manner in the

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municipality to which he or she has changed.

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

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employment of the license holder.

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

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

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

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

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

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

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holder of the license.

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

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

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     The department may either refuse to issue or may suspend or revoke any license for any

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one or any combination of the following causes:

 

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

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

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

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the court;

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

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

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     (3) Gross malpractice;

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

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

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

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defined in § 21-28-1.02;

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

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

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this chapter;

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

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

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defraud, or harm the public, or that is unbecoming a person licensed to practice under this

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chapter;

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

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acupuncture or any branch of acupuncture;

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

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conspiring to violate, any provision of this chapter;

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     (12) Being adjudicated incompetent or insane;

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     (13) Advertising in an unethical or unprofessional manner;

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

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therapy, or treatment;

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     (15) Willfully disclosing a privileged communication;

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

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

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

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

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

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

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and

 

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

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into the human body.

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     5-37.2-18. Reporting vital statistics.

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     Doctors of acupuncture and Oriental Chinese medicine shall observe and be subject to all

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state and municipal regulations relative to reporting all births and deaths in all matters pertaining

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to the public health.

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

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Penalty.

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     (a) No seminar concerning acupuncture and Oriental Chinese medicine may be conducted

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

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educational seminars.

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

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     5-37.2-20. Practice without a license a misdemeanor.

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     A person who represents himself or herself as a practitioner of acupuncture and Oriental

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Chinese medicine, or any branch of acupuncture and Oriental Chinese medicine, and who

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engages in the practice of acupuncture and Oriental Chinese medicine, or any branch of

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acupuncture and Oriental Chinese medicine, in this state without holding a valid license issued by

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the department is guilty of a misdemeanor.

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     5-37.2-21. Injunctive relief.

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     (a) The department may maintain in any court of competent jurisdiction a suit for an

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injunction against any person or persons practicing acupuncture and Oriental Chinese medicine,

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or any branch of acupuncture and Oriental Chinese medicine, without a license.

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     (b) This injunction:

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

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

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

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     SECTION 3. Chapter 5-37.2 of the General Laws entitled "The Healing Art of

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Acupuncture and Oriental Medicine" is hereby amended by adding thereto the following section:

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     5-37.2-24. Meaning of terms in existing laws.

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     When in any law, resolution, document, record, instrument, proceeding, or other place the

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words "Oriental medicine" as applied in this chapter appear, they shall be construed to mean

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"Chinese medicine".

 

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - THE HEALING ART OF

ACUPUNCTURE AND ORIENTAL MEDICINE

***

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     This act would change the title of chapter 37.2 of title 5 and throughout, replacing the

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words "Oriental medicine" with "Chinese medicine" and would allow individuals who are

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otherwise certified, to practice acupuncture and Chinese medicine using Chinese medical

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diagnostic methods.

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     This act would take effect upon passage.

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LC001123/SUB A/3

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LC001123/SUB A/3 - Page 12 of 11