2007 Legislation
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HOUSE BILL NO. 34 – Acupuncture, license requirements


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Bill Status

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

Bill Text

  ]]]]              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
  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:
  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 / Fiscal Impact

                       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.

Name: Tana Cory
Agency: Occupational License, Bureau 
Phone: (208) 334-3233

STATEMENT OF PURPOSE/FISCAL NOTE                          H 34