Chapter 0312 - 551R - S Ver of SB1255

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-3901, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3901. Definitions

In this chapter, unless the context otherwise requires:

1. "Acupuncture" means puncturing the skin by thin, solid needles to reach subcutaneous structures, stimulating the needles to produce a positive therapeutic response, at a distant site removing needles and the use of using adjunctive therapies.

2. "Adjunctive therapies" means the manual, mechanical, magnetic, thermal, electrical or electromagnetic stimulation of acupuncture points and energy pathways, auricular and detoxification therapy, ion cord devices, electroacupuncture, herbal poultices, therapeutic exercise and acupressure.

3. "Board" means the acupuncture board of examiners.

4. "Trauma" means the experience of significant psychological distress following any terrible or life-threatening event.

4. 5. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:

(a) Wilfully disclosing a professional secret or wilfully violating a privileged communication except as either of these may otherwise be required by law.

(b) Committing a felony as evidenced by conviction by a court of competent jurisdiction.

(c) Habitual intemperance Being habitually intemperate in the use of alcohol or any substance abuse that interferes with the ability to safely practice acupuncture.

(d) Committing conduct that the board determines is gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.

(e) Impersonating another acupuncturist or any other practitioner of the healing arts.

(f) Falsely acting or assuming to act as a member, an employee or an authorized agent of the board.

(g) Procuring or attempting to procure a license pursuant to this chapter by fraud or misrepresentation.

(h) Refusing to divulge to the board on demand the acupuncture method used in the treatment of a patient.

(i) Giving or receiving or aiding or abetting the giving or receiving of rebates, either directly or indirectly.

(j) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of acupuncture.

(k) The refusal, revocation or suspension of Having a license refused, revoked or suspended by any other state, district or territory of the United States or any other country, unless the action was not taken for reasons relating to the person's ability to safely and skillfully practice acupuncture or relating to an act of unprofessional conduct.

(l) Committing conduct that is contrary to the recognized standards or ethics of the acupuncture profession or that may constitute a danger to the health, welfare or safety of the patient or the public.

(m) Committing any conduct or having any condition that may impair the ability to safely and skillfully practice acupuncture.

(n) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of or conspiring to violate this chapter or board rules.

(o) Advertising in a false, deceptive or misleading manner.

(p) Failing or refusing to maintain adequate patient health records or failing or refusing to make health records promptly available to the patient or to another health practitioner or provider on request and receipt of proper authorization.

(q) Deriving direct or indirect compensation from the referral of referring a patient without disclosing to the patient in writing the extent of the compensation.

(r) Deriving a financial interest in products the acupuncturist endorses or recommends to the patient without disclosing to the patient in writing the extent of the financial interest.

(s) Having sexual intimacies with a patient in the practice of acupuncture.

(t) Failing to appropriately exercise control over or supervise an acupuncture student employed by or assigned to the practitioner in the practice of acupuncture.

(u) Failing to furnish information in a timely manner to the board or its investigators or representatives if the information is legally requested by the board.

(v) Supervising or engaging in a clinical training program in acupuncture without being approved and registered by the board for that program.

(w) Knowingly making a false, fraudulent or misleading statement, written or oral, to the board.

(x) Failing to exercise proper care for a patient by abandoning or neglecting a patient in need of immediate care without making reasonable arrangements for the continuation of care or by failing to refer the patient to another appropriate health care provider when necessary.

(y) Failing to use needles that have been sterilized according to clean needle technique principles approved by the board. END_STATUTE

Sec. 2. Section 32-3902, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3902. Acupuncture board of examiners; members; qualifications; terms; removal; compensation

A. The acupuncture board of examiners is established consisting of the following members who are appointed by the governor:

1. Through January 16, 2022, four members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this state or any other state for at least three years one year. Not more than two of these members shall may be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society. The initial appointees need not be licensed pursuant to this chapter at the time of selection but shall meet all of the qualifications for licensure as prescribed by this chapter.

2. Through January 17, 2022, three consumers who:

(a) Are not employed in a health profession.

(b) Do not have any pecuniary interest in a school of medicine or health care institution.

3. Through January 17, 2022, two members who are licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title. These members shall not be licensed pursuant to the same chapter.

4. Beginning January 17, 2022, one member who is certified or licensed to practice auricular acupuncture or acupuncture pursuant to this chapter.

5. Beginning January 20, 2022, three members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this or any other state for at least one year. Not more than two of these members may be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society.

6. For appointments made on or after January 18, 2022, two consumers who meet all of the following:

(a) Are not employed in a health profession.

(b) Do not have any pecuniary interest in a school of medicine or health care institution.

7. For appointments made on or after January 18, 2022, one member who is licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title.

B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Board members shall be residents of this state for at least three years one year immediately preceding their appointment.

D. Board members serve three-year terms to begin and end on the third Monday in January. A member shall not serve more than two consecutive terms.

E. The board shall meet in January of each year to elect a chairperson and secretary vice chairperson.

F. The board shall meet quarterly and at the call of the chairperson or a majority of board members.

G. Board members are eligible to receive compensation in an amount not to exceed fifty dollars $50 per day for each day of actual service in the business of the board and are eligible for reimbursement of expenses necessarily and properly incurred in attending board meetings.

H. The governor may remove a board member from office for malfeasance, dishonorable conduct or unprofessional management of board duties.

I. The term of any member automatically ends on resignation or absence from this state for a period of at least six months. The governor shall fill vacancies for an unexpired portion of a term in the same manner as regular appointments.

J. Board members and board employees are not subject to civil liability for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter. END_STATUTE

Sec. 3. Section 32-3922, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3922. Acupuncture detoxification specialist for chemical dependency or trauma; certificate; requirements; fingerprints; informed consent; definition

A. The board may issue an auricular acupuncture detoxification specialist certificate to a person who practices auricular acupuncture for the purpose of treating alcoholism, substance abuse, trauma or chemical dependency if the person does all of the following:

1. Provides documentation of successful completion of successfully completing a board-approved training program in acupuncture for the treatment of treating alcoholism, substance abuse, trauma or chemical dependency that meets or exceeds standards of training established by the national acupuncture detoxification association or a board-approved group.

2. Provides documentation satisfactory to the board of successfully completing a board-approved clean needle technique course.

3. Submits an application as prescribed by the board and a fee prescribed by section 32-3927.

4. Beginning January 1, 2019, Submits a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

5. Discloses in an application for initial certification or recertification all other active and past professional health care licenses and certificates issued to the applicant in this state or by another state, district or territory of the United States.

B. A certificate issued pursuant to this section allows the certificate holder to practice auricular acupuncture in a substance abuse or chemical dependency program approved by the board, this state or the federal government under the supervision of a person who is licensed pursuant to this chapter.

C. A certificate issued pursuant to this section is valid for one year. The certificate may be renewed by the board if the certificate holder submits an application as prescribed by the board and a fee prescribed by section 32-3927 before the certificate expires.

D. Before treating a patient, an auricular acupuncturist shall obtain from the patient a signed informed consent that has been approved by the board.

D. E. For the purposes of this section, "auricular acupuncture" means the application of applying acupuncture needles to the pinna, lobe or auditory meatus to treat alcoholism, substance abuse, trauma or chemical dependency. END_STATUTE

Sec. 4. Section 32-3925, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3925. Renewal of license; continuing education

A. Except as provided in section 32-4301, a license issued pursuant to this chapter is subject to renewal each year and expires unless renewed.

B. The executive director shall send a renewal application to each licensee at least sixty days before expiration of the license.

C. A licensee shall include with the application for renewal submit to the board on request documentation satisfactory to the board that the licensee has successfully completed at least fifteen hours of board approved board-approved continuing education each year.

D. On compliance with board requirements for the renewal of licenses, the board may reinstate a license canceled for failure to renew. END_STATUTE