 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
acupuncture; scope of practice; assistants
Purpose
Expands the list of practices included in the definition of acupuncture, defines acupuncture assistant and outlines the scope of duties of an acupuncture assistant.
Background
Acupuncture is: 1) puncturing the skin by thin, solid needles to reach subcutaneous structures; 2) stimulating the needles to produce a positive therapeutic response; 3) removing needles; and 4) using adjunctive therapies. Adjunctive therapies are 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.
Unprofessional conduct of an acupuncturist includes: 1) 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; 2) failing to appropriately exercise control over or supervise an acupuncture student employed by or assigned to the practitioner in the practice of acupuncture; and 3) supervising or engaging in an acupuncture clinical training program without being approved and registered by the Acupuncture Board of Examiners (Board) for that program (A.R.S. § 32-3901).
The Board must:
1) adopt rules for clinical training and rules necessary to enforce acupuncture
law; 2) initiate investigations and take disciplinary actions to enforce
acupuncture law; 3) evaluate the qualifications of applicants and issue
licenses to qualified applicants; and
4) establish fees (A.R.S.
§ 32-3903).
To receive an acupuncture license, an applicant must have graduated from or completed training in a Board-approved acupuncture program with a minimum of 1,850 hours of training that includes at least 800 hours of Board-approved clinical training and has: 1) been certified in acupuncture by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM), its successor organization or another certifying body or examination that is recognized by the Board; 2) passed the point location module, foundations of oriental medicine module, biomedicine module and acupuncture module offered by NCCAOM; or 3) been licensed by another state with substantially similar standards and has not had certification or licensure revoked (A.R.S. § 32-4122).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Acupuncture
a) ordering diagnostic imaging and clinical laboratory procedures to determine the nature of care or to form a basis for referral to other licensed health care professionals;
b) using and prescribing herbal therapies commensurate with the acupuncturist's education and training;
c) prescribing adjunctive therapies; and
d) using decision-support tools, including physical and clinical examinations.
2. Defines supervision to mean that the supervising licensed acupuncturist is present in the facility where the acupuncture assistant is performing services and is available for consultation regarding procedures that the licensed acupuncturist has authorized and for which the licensed acupuncturist remains responsible.
3. Includes in the definition of unprofessional conduct of an acupuncturist:
a) failing to demonstrate professional standards of care, training and education qualifications, as established by the Board in rule, for performing a therapeutic modality; and
b) prescribing or administering unauthorized medicine or drugs.
Acupuncture Assistant
4. Defines acupuncture assistant as an unlicensed person who:
a) has completed a Board-approved training program;
b) assists in basic health care duties in the practice of acupuncture under the supervision of a licensed acupuncturist; and
c) performs delegated duties commensurate with the acupuncture assistant's education and training.
5. Allows an acupuncture assistant to:
a) remove acupuncture needles;
b) monitor acupuncture procedures, including the application of heat or moxibustion; and
c) perform noncritical functions, including gathering basic patient information, taking blood pressure and attending to patient treatment rooms.
6. Prohibits an acupuncture assistant from inserting an acupuncture needle or evaluating, interpreting, designing or modifying established treatment programs of acupuncture care.
7. Requires the Board, by January 1, 2024, to adopt rules regarding administrative procedures for the regulation of acupuncture assistants.
8. Permits a licensed acupuncturist to supervise an unlicensed person who has completed an acupuncture assistant training program that includes removing needles and assisting in basic health care duties in the practice of acupuncture, until the Board adopts rules and approves acupuncture assistants training programs.
9. Requires an acupuncture assistant to register with the Board on a Board-prescribed form.
10. Allows the Board to suspend or revoke the registration of an acupuncture assistant who violates the rules of acupuncture practice or who indulges in conduct or a practice that is detrimental to the health or safety of the public.
11. Prohibits a person, except under the supervision of a licensed acupuncturist, from:
a) working as an acupuncture assistant; and
b) using the abbreviation A.A. or the term acupuncture assistant.
Fingerprint Clearance Card (Effective December 31, 2022)
12. Removes the requirement that an applicant for acupuncture licensure or acupuncture detoxification specialist certification submit a full set of fingerprints to the Board for purposes of a criminal records check.
13. Requires, effective January 1, 2023, a person seeking an initial or renewal of an acupuncture detoxification specialist certificate or acupuncture license to possess a valid fingerprint clearance card.
Miscellaneous
14. Includes, in the definition of adjunctive therapies, nutritional counseling and the use of nonionizing lasers.
15. Defines herbal therapies as prescribing, administering, injecting, compounding and dispensing herbal medicines and plant, animal, mineral and natural substances.
16. Makes technical and conforming changes.
17. Becomes effective on the general effective date, with a delayed effective date as noted.
Amendments Adopted by Committee
1. Removes, effective January 1, 2023, the requirement that an applicant for acupuncture licensure or acupuncture detoxification specialist certification submit a full set of fingerprints to the Board for purposes of a criminal records check.
2. Requires, effective January 1, 2023, a person seeking an initial or renewal of an acupuncture detoxification specialist certificate or acupuncture license to possess a valid fingerprint clearance card.
3. Requires an acupuncture assistant to register with the Board on a Board-prescribed form.
4. Allows the Board to suspend or revoke the registration of an acupuncture assistant who violates the rules of acupuncture practice or who indulges in conduct or a practice that is detrimental to the health or safety of the public.
5. Extends the date, from July 1, 2023, to January 1, 2024, by which the Board must adopt rules regarding administrative procedures for the regulation of acupuncture assistants.
6. Includes using and prescribing herbal therapies commensurate with the acupuncturist's education and training in the definition of acupuncture.
7. Removes herbal therapies from the definition of adjunctive therapies.
Senate Action
HHS 1/26/22 DPA 8-0-0
Prepared by Senate Research
January 27, 2022
MM/MC/sr