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H0257aa,aa............................................by HEALTH AND WELFARE
ACUPUNCTURE - Adds to existing law to establish a Board of Acupuncture to
license and certify practitioners of acupuncture; to establish
qualifications for the practice of acupuncture; and to govern the procedure
of the board.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Health/Wel
03/01 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/09 Ret'd to Gen Ord
03/10 Rpt out amen - to engros
03/11 Rpt engros - 1st rdg - to 2nd rdg as amen
Rules susp - PASSED - 62-1-7
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Lake, Limbaugh, Linford, Loertscher,
Marley, McKague, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Williams, Wood, Zimmermann
NAYS -- Kunz
Absent and excused -- Bruneel, Gould, Mader, Meyer, Ridinger,
Stevenson, Mr. Speaker
Floor Sponsor - Sali
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to Health/Wel
03/16 Rpt out - rec d/p - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 25-7-3
AYES--Andreason, Boatright, Branch, Burtenshaw, Danielson, Davis,
Deide, Dunklin, Ingram, Ipsen, Keough, King, Lee, McLaughlin,
Richardson, Riggs, Sandy, Schroeder, Sorensen, Stegner, Stennett,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--Cameron, Darrington, Frasure, Geddes, Hawkins, Noh, Risch
Absent and excused--Bunderson, Crow, Parry
Floor Sponsor - Whitworth
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/26 Governor signed
Session Law Chapter 379
Effective: 07/01/99
H0257|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 257, As Amended, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO LICENSURE OF ACUPUNCTURE; AMENDING TITLE 54, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 47, TITLE 54, IDAHO CODE, TO STATE LEGISLATIVE 4 PURPOSE, TO DEFINE TERMS, TO REQUIRE A LICENSE TO PRACTICE ACUPUNCTURE, TO 5 ESTABLISH A BOARD OF ACUPUNCTURE, TO PROVIDE POWERS AND DUTIES OF THE 6 BOARD, TO SPECIFY REQUIREMENTS FOR LICENSURE, TO PROVIDE REQUIREMENTS FOR 7 CERTIFICATION, TO SPECIFY REQUIREMENTS FOR AN ACUPUNCTURE TECHNICIAN CER- 8 TIFICATE, TO AUTHORIZE WAIVER OF REQUIREMENTS, TO PROVIDE FOR LICENSE AND 9 CERTIFICATION EXPIRATION AND RENEWAL, TO PROVIDE FOR SUSPENSION OR REVOCA- 10 TION, TO SPECIFY USE OF TITLES AND TO PROVIDE PENALTIES. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 13 by the addition thereto of a NEW CHAPTER , to be known and desig- 14 nated as Chapter 47, Title 54, Idaho Code, and to read as follows: 15 CHAPTER 47 16 ACUPUNCTURE 17 54-4701. PURPOSE. The legislature finds and declares that the provision 18 of acupuncture services affects the public health, safety and welfare. The 19 legislature further finds that it is in the public interest to aid in the pro- 20 vision of acupuncture services of high quality to the people of Idaho. To aid 21 in fulfilling these purposes, this chapter provides for the licensure and reg- 22 ulation of acupuncturists within the state of Idaho. 23 54-4702. DEFINITIONS. As used in this chapter: 24 (1) "Acupuncture" means that theory of health care developed from tradi- 25 tional and modern Oriental medical philosophies that employs diagnosis and 26 treatment of conditions of the human body based upon stimulation of specific 27 acupuncture points on meridians of the human body for the promotion, mainte- 28 nance, and restoration of health and for the prevention of disease. Therapies 29 within the scope of acupuncture include manual, mechanical, thermal, electri- 30 cal and electromagnetic treatment of such specific indicated points. 31 Adjunctive therapies included in, but not exclusive to, acupuncture include 32 herbal and nutritional treatments, therapeutic exercise and other therapies 33 based on traditional and modern Oriental medical theory. 34 (2) "Board" means the Idaho state board of acupuncture. 35 (3) "NCCAOM" means "National Certification Commission for Acupuncture 36 and Oriental Medicine." 37 (4) "Practice of acupuncture" means the insertion of acupuncture needles 38 and use of similar devices and therapies, including application of 39 moxibustion, to specific indicated points on the skin of the human body as 40 indicated pursuant to traditional and modern theories of Oriental medicine. 41 The "practice of acupuncture" does not include: 2 1 (a) surgery; or 2 (b) prescribing, dispensing or administering any prescription drug or 3 legend drug as defined in section 54-1705(26), Idaho Code. 4 54-4703. LICENSE REQUIRED. (1) From and after the 1st day of July, 1999, 5 it is unlawful for any person to practice acupuncture in this state without, 6 at such time being licensed or certified pursuant to this chapter; provided 7 however, the provisions of this chapter shall not apply to persons licensed 8 pursuant to chapter 18, title 54, Idaho Code, but such persons may seek licen- 9 sure or certification pursuant to this chapter on a voluntary basis. 10 (2) No person shall use any title, designation, words, letters, abbrevia- 11 tions, or sign, card or device which indicates to the public that such person 12 may practice acupuncture in any form or has been issued a license or been cer- 13 tified pursuant to this chapter unless the person is so licensed or certified, 14 has been issued such license or certification, and the license or certifica- 15 tion is in good standing pursuant to rules of the board. 16 (3) A person who meets NCCAOM eligibility criteria for certification 17 shall be considered by the board as meeting the requirements for licensure 18 pursuant to this chapter. This provision shall be effective until one (1) year 19 after the effective date of this act. Thereafter all applicants for licensure 20 must meet the licensing requirement of this chapter. 21 (4) A person who meets the requirements for full or associate membership 22 of the American academy of medical acupuncture, or for fellowship of the 23 international academy of medical acupuncture, inc., shall be considered by the 24 board as meeting the requirements for certification pursuant to this chapter. 25 This provision shall be effective until one (1) year after the effective date 26 of this act. Thereafter all applicants for certification must meet the certi- 27 fication requirement of this chapter. 28 54-4704. BOARD OF ACUPUNCTURE CREATED -- APPOINTMENT -- TERMS. (1) There 29 is hereby established in the department of self-governing agencies a state 30 board of acupuncture and the members thereof shall be appointed by the gover- 31 nor within sixty (60) days following the effective date of this chapter. 32 (2) The board shall consist of five (5) members, three (3) of whom shall 33 be licensed pursuant to this chapter, one (1) of whom shall be certified pur- 34 suant to this chapter, and one (1) of whom shall be a member of the public 35 with an interest in the rights of the consumers of acupuncture services. 36 (3) In making appointments to the board of acupuncture, consideration 37 shall be given to recommendations made by the Idaho acupuncture association, 38 other similar professional organizations and individual acupuncturists and 39 physicians. 40 (4) All members of the board shall be current residents of the state of 41 Idaho and have been residents of the state of Idaho for a minimum of three (3) 42 years immediately preceding appointment. 43 (5) The initial three (3) licensed acupuncturist members of the board 44 shall be persons who are eligible to become licensed pursuant to this chapter, 45 and who shall, within thirty (30) days of their appointment, become licensed 46 pursuant to this chapter. The certified acupuncturist member shall be a person 47 with sufficient qualification to be eligible for certification pursuant to 48 this chapter and shall, within thirty (30) days of appointment, become certi- 49 fied. 50 (6) The initial board shall be appointed for staggered terms, the longer 51 of which shall not exceed four (4) years. After the initial appointments, all 52 terms shall be four (4) years, and a member may be reappointed. In the event 53 of death, resignation, or removal of any member before the expiration of the 3 1 term to which appointed, the vacancy shall be filled for the unexpired portion 2 of the term in the same manner as the original appointment. 3 (7) The governor may remove any member of the board for cause, prior to 4 the expiration of the member's term. 5 (8) The board shall, within thirty (30) days after its appointment, and 6 at least annually thereafter, hold a meeting and elect a chairman. The board 7 may hold additional meetings on the call of the chairman or at the written 8 request of any two (2) members of the board. The board may appoint such com- 9 mittees as it considers necessary to carry out its duties. A majority of the 10 members of the board shall constitute a quorum. 11 (9) Each member of the board shall be compensated as provided in section 12 59-509(h), Idaho Code. 13 54-4705. BOARD OF ACUPUNCTURE -- POWERS AND DUTIES -- FUNDS. (1) The 14 board shall have the authority to: 15 (a) Determine the qualifications of persons applying for licensure, cer- 16 tification and acupuncture technician certificates pursuant to this chap- 17 ter and define, by rule, the appropriate scope of acupuncture services 18 that may be rendered to the public in this state; 19 (b) Hire or appoint employees, including an executive director, investi- 20 gators, attorneys, consultants and independent hearing examiners; 21 (c) Establish, pursuant to the administrative procedures act, such rules 22 as are necessary for the administration of this chapter, including stan- 23 dards for professional conduct that reflect current practice standards and 24 promote inclusion of innovations and advances in acupuncture; 25 (d) Conduct investigations and examinations and hold hearings; 26 (e) Collect fees and other funds as prescribed by this chapter; 27 (f) Contract, sue and be sued, and pursue other matters lawful in this 28 state; 29 (g) Provide such other services and perform such other functions as are 30 necessary and desirable to fulfill its purposes. 31 (2) There is hereby created the board of acupuncture fund in the state 32 treasury where all funds received pursuant to the provisions of this chapter 33 shall be deposited. All costs and expenses incurred by the board under the 34 provisions of this chapter shall be a charge against and paid from said fund 35 for such purposes, and the funds collected hereunder shall be immediately 36 available for the administration of this chapter. In no instance shall the 37 state board of acupuncture fund be obligated to pay any claims which, in 38 aggregate with claims already allowed, exceed the income to the state board of 39 acupuncture fund which has been derived from the application of this chapter. 40 Money paid into the state board of acupuncture fund pursuant to this chapter 41 is hereby continuously appropriated to the board for expenditure in the manner 42 prescribed herein to defray the expenses of the board in carrying out and 43 enforcing the provisions of this chapter. 44 54-4706. REQUIREMENTS FOR LICENSURE. A person applying for a license 45 shall, in addition to paying all required fees, submit a written application 46 provided by the board showing to the satisfaction of the board that such per- 47 son meets the following requirements: 48 (1) Has successfully completed the requirements to be a candidate for 49 NCCAOM certification, or such other similar requirements as have been approved 50 by the board; and 51 (2) Has successfully completed an acupuncture internship or pre- 52 professional practice program, coordinated program, or such other equivalent 53 experience as may be approved by the board; and 4 1 (3) Has passed an examination or other demonstration of proficiency as 2 may be uniformly required by the board for other similarly qualified appli- 3 cants for licensure. 4 54-4707. REQUIREMENTS FOR CERTIFICATION. A person applying for a certifi- 5 cation shall, in addition to paying all required fees, submit a written appli- 6 cation provided by the board showing to the satisfaction of the board that 7 such person meets the following requirements: 8 (1) Has successfully completed the requirements for full membership in 9 the American academy of medical acupuncture, fellowship in the international 10 academy of medical acupuncture, inc., or such other comparable requirements as 11 have been approved by the board; and 12 (2) Has passed an examination or other demonstration of proficiency as 13 may be uniformly required by the board for other similarly qualified appli- 14 cants for certification. 15 54-4708. ACUPUNCTURE TECHNICIAN CERTIFICATE. (1) A person may apply for 16 an acupuncture technician certificate by, in addition to paying all required 17 fees, submitting a written application provided by the board and showing to 18 the satisfaction of the board that such person meets the following require- 19 ments: 20 (a) Completion of the requirements for clinical technician certificate by 21 the international academy of medical acupuncture, inc., or such other com- 22 parable requirements as are approved by the board; and 23 (b) Passed a clean needle technique course that has been approved by the 24 board; and 25 (c) Passed an examination or other demonstration of proficiency as may be 26 uniformly required for other similarly qualified applicants for an acu- 27 puncture technician certificate. 28 (2) In approving an acupuncture technician certificate the board shall 29 consider the scope and extent of the applicant's academic and other training 30 and experience in health care and may, for each individual acupuncture techni- 31 cian: 32 (a) Require supervision by a person licensed or certified pursuant to 33 this chapter; 34 (b) Restrict the practice of acupuncture for the acupuncture technician 35 to specified therapies or treatments. 36 54-4709. WAIVER OF REQUIREMENTS. The board may waive the requirements of 37 section 54-4706, Idaho Code, and grant a license to any applicant who shall 38 present proof of current licensure to engage in the practice of acupuncture in 39 another state, the District of Columbia, or territory of the United States 40 which requires standards for licensure considered by the board to be equiva- 41 lent to the requirements for licensure pursuant to this chapter. 42 54-4710. EXPIRATION AND RENEWAL. (1) A license or certification issued 43 under the provisions of this chapter shall be subject to annual renewal and 44 shall expire unless renewed in the manner prescribed by the rules of the 45 board, upon payment of a renewal fee. 46 (2) The board shall establish the following fees relating to licensing, 47 which fees shall be established in an amount that is sufficient to defray all 48 costs necessary for the administration of this chapter: 49 (a) Initial license; 50 (b) Renewal of license fee; 51 (c) Initial fee for certification; 5 1 (d) Initial acupuncture technician certificate; 2 (e) Renewal acupuncture technician certificate; 3 (f) Inactive license and certification fees; 4 (g) Late renewal fees. 5 54-4711. SUSPENSION AND REVOCATION. To protect the health, safety and 6 welfare of the public, the board, in accordance with the requirements of chap- 7 ter 52, title 67, Idaho Code, may refuse to issue a license or certification, 8 refuse to renew a license or certification, or may suspend or revoke a license 9 or certification, under such conditions as the board may determine, if the 10 applicant or holder of the license or certification: 11 (1) Has been convicted of a felonious act, or crime involving moral tur- 12 pitude; 13 (2) Obtained a license or permit pursuant to this chapter by means of 14 fraud, misrepresentation or concealment of material facts; 15 (3) Endangered the health of any person engaging in the practice of acu- 16 puncture in a manner which does not meet the generally accepted standards for 17 the practice of acupuncture within the state of Idaho; 18 (4) Has failed to maintain the confidentiality of records or other infor- 19 mation pertaining to an identifiable client, except as required or authorized 20 by law; 21 (5) Engaged in any conduct that constitutes an abuse or exploitation of a 22 client arising out of the trust and confidence placed in the acupuncturist by 23 the client. 24 54-4712. TITLES. Persons licensed pursuant to this chapter may use the 25 title "licensed acupuncturist." Persons certified or granted an acupuncture 26 technician certificate pursuant to this chapter may use the title "certified 27 acupuncturist" or "acupuncture technician" respectively, but may not use the 28 title "licensed acupuncturist" or "doctor," or any abbreviation thereof, 29 unless the acupuncturist is otherwise authorized to use such title. No person 30 authorized to practice acupuncture pursuant to this chapter may hold himself 31 out in any way as a medical physician, doctor of osteopathy, chiropractor, 32 physical therapist or other health care professional unless the person is 33 properly authorized for such practice pursuant to law. 34 54-4713. PENALTIES. (1) A person who violates any provision of this chap- 35 ter shall, upon conviction, be guilty of a misdemeanor. 36 (2) The board may seek injunction against any person who practices acu- 37 puncture in violation of this chapter and may, in the event a permanent 38 injunction is entered against such person or plea or verdict of guilty is 39 entered in any criminal matter, impose a civil penalty in the amount of all 40 costs and fees incurred by the board in prosecuting the matter. 41 (3) The representation to another person that a person is licensed or 42 holds certification pursuant to this chapter, when such representation is 43 untrue, constitutes the using of a method, act, or practice which is declared 44 to be unlawful under the provisions of chapter 6, title 48, Idaho Code.
AH0257|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Sali Seconded by Loertscher IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 257 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, in line 18, following "full" insert: "or 3 associate"; and in line 19, following "acupuncture" insert: ", or for fellow- 4 ship of the international academy of medical acupuncture, inc.,". 5 On page 3, in line 12, delete "assistant" and insert: "technician"; in 6 line 19, following "conduct" insert: "that reflect current practice standards 7 and promote inclusion of innovations and advances in acupuncture". 8 On page 4, in line 4, following "for" insert: "full"; in line 11, delete 9 "ASSISTANT" and insert: "TECHNICIAN"; in line 12, delete "assistant" and 10 insert: "technician"; in line 15, following "(a)" delete the remainder of the 11 line and all of lines 16, 17 and 18, and insert: "Completion of the require- 12 ments for clinical technician certificate by the international academy of med- 13 ical acupuncture, inc., or such other comparable requirements as are approved 14 by the board; and"; and in lines 23, 24, 26 and 27, 30, 48 and 49, delete 15 "assistant" and insert: "technician". 16 On page 5, in line 1, delete "The" and insert: "To protect the health, 17 safety and welfare of the public, the"; and in line 11, delete "Engaged" and 18 insert: "Endangered the health of any person by engaging"; and following line 19 19, insert: 20 "54-4712. TITLES. Persons licensed pursuant to this chapter may use the 21 title "licensed acupuncturist." Persons certified or granted an acupuncture 22 technician certificate pursuant to this chapter may use the title "certified 23 acupuncturist" or "acupuncture technician" respectively, but may not use the 24 title "licensed acupuncturist" or "doctor," or any abbreviation thereof, 25 unless the acupuncturist is otherwise authorized to use such title. No person 26 authorized to practice acupuncture pursuant to this chapter may hold himself 27 out in any way as a medical physician, doctor of osteopathy, chiropractor, 28 physical therapist or other health care professional unless the person is 29 properly authorized for such practice pursuant to law."; 30 and in line 20, delete "2" and insert: "3". 31 CORRECTIONS TO TITLE 32 On page 1, in line 7, delete "ASSISTANT" and insert: "TECHNICIAN"; and in 33 line 10, following "TION" insert: ", TO SPECIFY USE OF TITLES". Moved by Sali Seconded by Reynolds IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 257, As Amended 34 AMENDMENTS TO SECTION 1 35 On page 2 of the engrossed bill, in line 6, following "chapter" insert: ]]] 2 1 "; provided however, the provisions of this chapter shall not apply to persons 2 licensed pursuant to chapter 18, title 54, Idaho Code, but such persons may 3 seek licensure or certification pursuant to this chapter on a voluntary 4 basis"; in line 30, delete "shall be licensed" and insert: "shall be certi- 5 fied"; in line 31, following "ant to" insert: "this"; and also in line 31, 6 following "chapter" delete "18, title 54, Idaho Code"; in line 41, following 7 "(3)" insert: "licensed"; and in line 44, delete "medical physician" and 8 insert: "certified acupuncturist".
STATEMENT OF PURPOSE
RS09049C1
This legislation enacts licensing and certification provisions
for acupuncturists and creates a board for administration of the
chapter.
FISCAL NOTE
There is no impact to the general fund. The board is projected to
be self-funded by licensing and certification fees.
CONTACT: Rep. William T. Sali 334-2000
Emi Miller 343-0800
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 257