Chapter 140
2015 -- S 0234 SUBSTITUTE B
Enacted 06/26/2015

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

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, 5-37.2-14, 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.
     (4) "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 federal- or state state-regulated
research 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
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 biennial
renewal period, except during the initial annual renewal period.
      (2) Continuing education hours will be accepted by the department for course work
which has that have 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
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 that the licensee knows knows, or has reason to
know 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.
     5-37.2-14. 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 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 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 that 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 to practice in the profession
for money or any other thing of value, by fraudulent misrepresentations;
      (3) Gross malpractice;
      (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 that renders further practice
dangerous;
      (9) Engaging in any dishonorable, unethical, or unprofessional conduct which that may
deceive, defraud, or harm the public, or which that 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 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 --
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 3. Section 5-37.2-13 of the General Laws in Chapter 5-37.2 entitled "The
Healing Art of Acupuncture" is hereby repealed.
     5-37.2-13. Issuance of license for acupuncture assistant. -- An applicant for a license
for acupuncture 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.
     SECTION 4. This act shall take effect upon passage.
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LC000983/SUB B
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