2002 Legislation
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HOUSE BILL NO. 394 – Acupuncture, license reqmts


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Daily Data Tracking History

H0394........................................................by MR. SPEAKER
               Requested by: Bureau of Occupational Licenses
ACUPUNCTURE - Amends existing law to provide that the Board of Acupuncture
may require continuing education as a condition of licensure; to revise
requirements for licensure; and to require the direct and immediate
supervision of acupuncture technicians.
01/07    House intro - 1st rdg - to printing
    Rpt prt - to Health/Wel
02/15    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 54-8-8
      AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Harwood, Henbest, Higgins, Jaquet, Jones, Kunz, Lake, Loertscher,
      Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith(33), Smylie, Stone, Tilman, Trail, Wheeler, Young,
      Mr. Speaker
      NAYS -- Barrett, Campbell, Ellis, Hadley, Hornbeck, McKague, Pearce,
      Absent and excused -- Gould, Hammond, Kellogg, Kendell, Langford,
      Pischner, Smith(23), Stevenson
    Floor Sponsor - Henbest
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Health/Wel
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Lodge
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/19    Governor signed
         Session Law Chapter 81
         Effective: 07/01/02

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 394
                                       BY MR. SPEAKER
                       Requested by: Bureau of Occupational Licenses
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 54-4705, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 10        54-4705.  BOARD  OF  ACUPUNCTURE  --  POWERS  AND DUTIES -- FUNDS. (1) The
 11    board shall have the authority to:
 12        (a)  Determine the qualifications of persons applying for licensure,  cer-
 13        tification  and acupuncture technician certificates pursuant to this chap-
 14        ter and define, by rule, the appropriate  scope  of  acupuncture  services
 15        that may be rendered to the public in this state;
 16        (b)  Hire  or appoint employees, including an executive director, investi-
 17        gators, attorneys, consultants and independent hearing examiners;
 18        (c)  Establish, pursuant to the administrative procedure act,  such  rules
 19        as  are  necessary for the administration of this chapter, including stan-
 20        dards for professional conduct that reflect current practice standards and
 21        promote inclusion of innovations and advances in acupuncture;
 22        (d)  Conduct investigations and examinations and hold hearings;
 23        (e)  Collect fees and other funds as prescribed by this chapter;
 24        (f)  Contract, sue and be sued, and pursue other matters  lawful  in  this
 25        state;
 26        (g)  Provide  such  other services and perform such other functions as are
 27        necessary and desirable to fulfill its purposes;
 28        (h)  Adopt rules requiring continuing education as a condition of  contin-
 29        ued licensure.
 30        (2)  All  fees received under the provisions of this chapter shall be paid
 31    to the bureau of occupational licenses and deposited in the state treasury  to
 32    the credit of the occupational licenses fund and all costs and expenses incur-
 33    red  under  the  provisions of this chapter shall be a charge against and paid
 34    from said fund.
 35        SECTION 2.  That Section 54-4706, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
 37        54-4706.  REQUIREMENTS  FOR  LICENSURE.  A  person  applying for a license
 38    shall, in addition to paying all required fees, submit a  written  application
 39    provided  by the board showing to the satisfaction of the board that such per-
 40    son meets the following requirements:
 41        (1)  Has successfully completed the requirements to  be  a  candidate  for
  1    received  certification  from  NCCAOM, certification, or such has successfully
  2    completed other similar requirements as have been approved by the board; and
  3        (2)  Has  successfully  completed  an  acupuncture  internship   or   pre-
  4    professional  practice  program, coordinated program, or such other equivalent
  5    experience as may be approved by the board; and
  6        (3)  Has passed an examination or other demonstration  of  proficiency  as
  7    may  be  uniformly  required by the board for other similarly qualified appli-
  8    cants for licensure.
  9        SECTION 3.  That Section 54-4708, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
 11        54-4708.  ACUPUNCTURE  TECHNICIAN  CERTIFICATE. (1) A person may apply for
 12    an acupuncture technician certificate by, in addition to paying  all  required
 13    fees,  submitting  a  written application provided by the board and showing to
 14    the satisfaction of the board that such person meets  the  following  require-
 15    ments:
 16        (a)  Completion of the requirements for clinical technician certificate by
 17        the international academy of medical acupuncture, inc., or such other com-
 18        parable requirements as are approved by the board; and
 19        (b)  Passed  a clean needle technique course that has been approved by the
 20        board; and
 21        (c)  Passed an examination or other demonstration of proficiency as may be
 22        uniformly required for other similarly qualified applicants  for  an  acu-
 23        puncture technician certificate.
 24        (2)  In  approving  an  acupuncture technician certificate the board shall
 25    consider the scope and extent of the applicant's academic and  other  training
 26    and experience in health care and may, for each individual acupuncture techni-
 27    cian:
 28        (a)  Require  the direct and immediate supervision by a person licensed or
 29        certified pursuant to this  chapter  or  by  a  health  care  practitioner
 30        licensed  or certified in Idaho or by a health care practitioner otherwise
 31        exempt from licensure under this chapter;
 32        (b)  Restrict the practice of acupuncture for the  acupuncture  technician
 33        to specified therapies or treatments.

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE
                            RS 11447
Amend section 54-4705, Idaho Code, to provide the board authority to 
adopt rules for continuing education in order to protect the health, 
safety and welfare of the public; mandatory continuing education will 
help insure the maintenance of a minimum level of competence. 
Amend section 54-4706, Idaho Code, to require certification from 
NCCAOM or the completion of similar requirements. This	language will 
require actual certification from NCCAOM rather than meeting the 
NCCAOM requirements for such certification. 
Amend section 54-4708, Idaho Code, to require acupuncture technicians 
to practice under the supervision of licensed or certified health care
practitioners. The board currently has the authority to require 
supervision on a case-by-case basis, but feels that supervision for 
all persons practicing at this level should be mandatory to adequately
protect the public.

	                 FISCAL IMPACT

There is no fiscal impact on general or dedicated funds.

STATEMENT OF PURPOSE/FISCAL IMPACT                        H0394