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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, Wood 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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 394 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO ACUPUNCTURE; AMENDING SECTION 54-4705, IDAHO CODE, TO PROVIDE THAT 3 THE BOARD MAY ADOPT RULES REQUIRING CONTINUING EDUCATION AS A CONDITION OF 4 CONTINUED LICENSURE; AMENDING SECTION 54-4706, IDAHO CODE, TO REVISE 5 REQUIREMENTS FOR LICENSURE; AND AMENDING SECTION 54-4708, IDAHO CODE, TO 6 REQUIRE THE DIRECT AND IMMEDIATE SUPERVISION OF ACUPUNCTURE TECHNICIANS. 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) Hassuccessfully completed the requirements to be a candidate for2 1 received certification from NCCAOM,certification,orsuchhas 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 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