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H0034.................................................by HEALTH AND WELFARE
ACUPUNCTURE - Amends existing law relating to acupuncture to revise
licensure and certification requirements; and to provide for disciplinary
action based upon conduct that violates the law or rules of the State Board
of Acupuncture.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to Health/Wel
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barrett, Bayer, Bilbao, Black, Block, Bock,
Boe, Bolz, Brackett, Chadderdon, Chavez, Chew, Clark, Collins, Durst,
Edmunson, Eskridge, Hart, Harwood, Henbest, Henderson, Jaquet,
Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche,
Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively,
Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander
Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Bell, Bradford, Crane, Hagedorn, Roberts
Floor Sponsor - Rusche
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Health/Wel
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Lodge
Floor Sponsor - Werk
Title apvd - to House
03/21 To enrol - Rpt enrol - Sp signed
03/22 Pres signed - To Governor
03/27 Governor signed
Session Law Chapter 220
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 34
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO ACUPUNCTURE; AMENDING SECTION 54-4703, IDAHO CODE, TO REVISE
3 LICENSURE REQUIREMENTS; AMENDING SECTION 54-4707, IDAHO CODE, TO REVISE
4 CERTIFICATION REQUIREMENTS; AND AMENDING SECTION 54-4711, IDAHO CODE, TO
5 PROVIDE FOR DISCIPLINARY ACTION BASED UPON CONDUCT THAT VIOLATES THE CHAP-
6 TER OR RULES OF THE BOARD.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 54-4703, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 54-4703. LICENSE REQUIRED. (1) From and after the 1st day of July, 1999,
11 it is unlawful for any person to practice acupuncture in this state without,
12 at such time being licensed or certified pursuant to this chapter; provided
13 however, the provisions of this chapter shall not apply to persons licensed
14 pursuant to chapter 18, title 54, Idaho Code, but such persons may seek licen-
15 sure or certification pursuant to this chapter on a voluntary basis.
16 (2) No person shall use any title, designation, words, letters, abbrevia-
17 tions, or sign, card or device which indicates to the public that such person
18 may practice acupuncture in any form or has been issued a license or been cer-
19 tified pursuant to this chapter unless the person is so licensed or certified,
20 has been issued such license or certification, and the license or certifica-
21 tion is in good standing pursuant to rules of the board.
22 (3) A person who meets NCCAOM eligibility criteria for certification
23 shall be considered by the board as meeting the requirements for licensure
24 pursuant to this chapter. This provision shall be effective until one (1) year
25 after the effective date of this act. Thereafter all applicants for licensure
26 must meet the licensing requirement of this chapter.
27 (4) A person who meets the requirements for full or associate membership
28 of the American academy of medical acupuncture, or for fellowship of the
29 international academy of medical acupuncture, inc., shall be considered by the
30 board as meeting the requirements for certification pursuant to this chapter.
31 This provision shall be effective until one (1) year after the effective date
32 of this act. Thereafter all applicants for certification must meet the certi-
33 fication requirement of this chapter.
34 SECTION 2. That Section 54-4707, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 54-4707. REQUIREMENTS FOR CERTIFICATION. A person applying for a certifi-
37 cation shall, in addition to paying all required fees, submit a written appli-
38 cation provided by the board showing to the satisfaction of the board that
39 such person meets the following requirements has successfully passed an exami-
40 nation or other demonstration of proficiency as may be uniformly required by
41 the board and:
2
1 (1) Has successfully completed the requirements for full membership in
2 the American academy of medical acupuncture, fellowship in the international
3 academy of medical acupuncture, inc., or such other comparable requirements as
4 have been approved by the board; and or
5 (2) Has passed an examination or other demonstration of proficiency as
6 may be uniformly required by the board for other similarly qualified appli-
7 cants for certification met each of the following education and experience
8 requirements:
9 (a) Possesses from an accredited college or university a doctoral degree
10 in chiropractic, dentistry, podiatric medicine, or naturopathic medicine;
11 (b) Has successfully completed an approved program consisting of a mini-
12 mum of one hundred (100) hours of on-site didactic coursework, two hundred
13 (200) hours of practice as a certified technician over a one (1) year
14 period and twenty-five (25) case studies; and
15 (c) Has successfully passed a blood-borne pathogen course and comprehen-
16 sive examination concerning the practice of acupuncture approved by the
17 board that incorporates clean needle techniques and OSHA procedures and
18 requirements.
19 SECTION 3. That Section 54-4711, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 54-4711. SUSPENSION AND REVOCATION. To protect the health, safety and
22 welfare of the public, the board, in accordance with the requirements of chap-
23 ter 52, title 67, Idaho Code, may refuse to issue a license or certification,
24 refuse to renew a license or certification, or may suspend or revoke a license
25 or certification, under such conditions as the board may determine, if the
26 applicant or holder of the license or certification:
27 (1) Has been convicted of a felonious act, or crime involving moral tur-
28 pitude;
29 (2) Obtained a license or permit pursuant to this chapter by means of
30 fraud, misrepresentation or concealment of material facts;
31 (3) Endangered the health of any person engaging in the practice of acu-
32 puncture in a manner which does not meet the generally accepted standards for
33 the practice of acupuncture within the state of Idaho;
34 (4) Has failed to maintain the confidentiality of records or other infor-
35 mation pertaining to an identifiable client, except as required or authorized
36 by law;
37 (5) Engaged in any conduct that constitutes an abuse or exploitation of a
38 client arising out of the trust and confidence placed in the acupuncturist by
39 the client; or
40 (6) Has engaged in conduct that violates this chapter or rules of the
41 board.
STATEMENT OF PURPOSE
RS 16507C1
Amending section 54-4703, Idaho Code, to revise license
requirements; amending section 54-4707, Idaho Code, to revise
certification requirements; amending section 54-4711, Idaho Code,
to include engaging in conduct which violates the board's law or
rules as a reason for suspension or revocation.
FISCAL NOTE
There is no fiscal impact on general or dedicated funds.
Contact
Name: Tana Cory
Agency: Occupational License, Bureau
Phone: (208) 334-3233
STATEMENT OF PURPOSE/FISCAL NOTE H 34