Report Title:

Acupuncture Practitioners; Physicians; Certification

Description:

Allows licensed medical and osteopathic physicians to be certified to practice acupuncture in Hawaii if they have completed certification courses and passed a certification examination required by the board of acupuncture.

HOUSE OF REPRESENTATIVES

H.B. NO.

853

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ACUPUNCTURE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that under current law, persons who are licensed in Hawaii to practice medicine under chapter 453, and osteopathic physicians licensed under chapter 460, who desire to practice acupuncture are subject to licensure under chapter 436E, Hawaii Revised Statutes. The legislature finds that these persons already possess substantial education, training, and experience in their fields, and should not be subject to the same intensive education and training requirements as acupuncturists under chapter 436E.

Accordingly, the purpose of this Act is to allow these medical and osteopathic physicians to practice acupuncture if they obtain a certification from the board of acupuncture upon completion of study hours recommended by the World Health Organization, rather than a license. The intent of this Act is to require physicians to study the science of acupuncture courses approved by the board of acupuncture at an accredited or candidacy status school rather than by the American Academy of Medical Acupuncture.

The legislature further finds that there is no need for the auditor to conduct a "sunrise review" of certified acupuncturists under section 26H-6, Hawaii Revised Statutes. That section requires only that new regulatory measures being considered for enactment that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls are to be referred to the auditor for analysis. In this case, medical and osteopathic physicians are already required to be licensed as acupuncturists under existing law. This Act provides for reducing that level of regulation for medical professionals, rather than imposing new regulations.

SECTION 2. Chapter 436E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"436E- Certification. The board of acupuncture may certify persons to practice acupuncture who:

(1) Hold a current valid license under chapter 453 or 460;

(2) Have completed at least one thousand five hundred hours acupuncture science courses approved by the board which includes at least six hundred hours of acupuncture and oriental medicine theory and at least nine hundred clinical hours which includes observatory training and pass the comprehensive examination of the courses at an institute, school, college, or university accredited or recognized as a candidate for accreditation by any acupuncture or oriental medicine accrediting body recognized by the United States Department of Education; or oriental medicine accrediting body recognized by the United States Department of Education or at a foreign institute, school, or college with a formal program in the science of acupuncture licensed, approved, or accredited by the appropriate governmental authority or an agency recognized by a governmental authority in that jurisdiction and whose curriculum is approved by the board.

436E- Continuing education. All licensees and certificate holders shall complete continuing education requirements established by the board before a license or certificate may be renewed after January 1, 2005."

SECTION 3. Section 436E-2, Hawaii Revised Statutes, is amended by amending the definition of "practice of acupuncture" to read as follows:

""Practice of acupuncture", also known as "medical acupuncture", means [stimulation of] a method to treat and prevent ailments, relieve pain, and restore health by stimulating certain acupuncture [point or] points or locations on the human body for the purpose of controlling [and], regulating [the flow and balance of], and maintaining energy and physiological function in the body[.] based on traditional oriental medical and biomedical concepts. The practice includes the techniques of piercing the skin [by inserting] with acupuncture needles and the use of other traditional oriental medical therapeutic means, including lifestyle consultation, oriental herbal medicine, and point stimulation by the use of acupressure, a system of Chinese medical massage known as "Tui Na", and electrical, mechanical, and thermal[, or traditional therapeutic means.] modalities."

SECTION 4. Section 436E-3, Hawaii Revised Statutes, is amended to read as follows:

"436E-3 License or certification required. Except as otherwise provided by law, no person shall practice acupuncture in this State either gratuitously or for pay, or shall offer to so practice, or shall announce themselves either publicly or privately as prepared or qualified to so practice any method of acupuncture without having a valid unrevoked license, certificate, or intern permit from the State; provided that the requirement for a permit shall not be enforced until the board has initially adopted rules pursuant to section 436E-3.6."

SECTION 5. Section 436E-3.5, Hawaii Revised Statutes, is amended to read as follows:

"436E-3.5 Physicians and osteopaths not exempt. Persons licensed under chapters 453 and 460 who desire to practice acupuncture shall be subject to [licensing] certification under this chapter."

SECTION 6. Section 436E-4, Hawaii Revised Statutes, is amended to read as follows:

"436E-4 Exemptions. A licensed or certified acupuncturist of another state or country for demonstrations or lectures to be given at acupuncture or medical society meetings or at acupuncture schools shall be exempt from licensing procedures set forth in this chapter."

SECTION 7. Section 436E-5, Hawaii Revised Statutes, is amended by amending subsections (a) and (d) as follows:

1. By amending subsection (a) to read:

"(a) No person shall be licensed or certified to practice acupuncture unless the person has passed an examination for licensure or certification and has been found to have the necessary qualifications as prescribed in the rules adopted by the board pursuant to chapter 91."

2. By amending subsection (d) to read:

"(d) Notwithstanding subsections (b) and (c), effective September 1, 2000, before any applicant shall be eligible for the examination[,] for licensure, the applicant shall furnish satisfactory proof to the board that the applicant has completed a formal acupuncture program and has received a total of not less than two thousand, one hundred seventy-five hours of academic and clinical training consisting of an academic program of not less than one thousand, five hundred fifteen hours in the science of acupuncture (traditional oriental medicine) and a clinical training program of not less than six hundred sixty hours under the supervision of a licensed acupuncturist, which shall result in the award of a certificate or diploma at an institute, school, or college, accredited or recognized as a candidate for accreditation by any acupuncture or oriental medicine accrediting body recognized by the United States Department of Education or at a foreign institute, school, or college with a formal program in the science of acupuncture licensed, approved, or accredited by the appropriate governmental educational authority or an agency recognized by a governmental authority in that jurisdiction and whose curriculum is approved by the board."

SECTION 8. Section 436E-7, Hawaii Revised Statutes, is amended to read as follows:

"436E-7 Powers and duties of the board. In addition to any other powers and duties authorized by law, the board shall:

(1) Adopt rules in accordance with chapter 91 to carry out the purposes of this chapter, with special emphasis on the health and safety of the public;

(2) Develop standards for licensure[;] and certification;

(3) Prepare, administer, and grade examinations, provided that the board may contract with a testing agency to provide those services;

(4) Issue, renew, suspend, and revoke licenses[;] and certificates;

(5) Register applicants or holders of a license[;] or certificate;

(6) Investigate and conduct hearings regarding any violation of this chapter and any rules of the board;

(7) Maintain a record of its proceedings; and

(8) Do all things necessary to carry out the functions, powers, and duties set forth in the chapter."

SECTION 9. Section 436E-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]436E-9[]] Biennial renewal. Every person holding a license or certificate under this chapter shall register with the board and pay a biennial fee on or before June 30 of each odd-numbered year. Failure to pay the biennial fee shall constitute a forfeiture of the license or certificate as of the date of expiration. Any license or certificate so forfeited may be restored within one year after the expiration upon filing of an application and payment of a restoration fee."

SECTION 10. Section 436E-10, Hawaii Revised Statutes, is amended to read as follows:

"436E-10 Revocation or suspension of licenses[.] and certificates. In addition to any other actions authorized by law, any license or certificate to practice acupuncture under this chapter may be revoked or suspended by the board of acupuncture at any time in a proceeding before the board for any cause authorized by law, including [but not limited to] the following:

(1) Obtaining a fee on the assurance that a manifestly incurable ailment can be permanently cured;

(2) The use of false, fraudulent, or deceptive advertising and making untruthful and improbable statements;

(3) Habitually using any habit forming controlled substance, such as opium or any of its derivatives, morphine, heroin, or cocaine;

(4) Procuring a license or certificate through fraud, misrepresentation, or deceit;

(5) Professional misconduct or gross carelessness or manifest incapacity in the practice of acupuncture; or

(6) Violating any rules adopted under this chapter."

SECTION 11. Section 436E-12, Hawaii Revised Statutes, is amended to read as follows:

"[[]436E-12[]] Penalty. (a) Any person except a person licensed or certified to practice acupuncture under this chapter who practices, treats, or instructs in any phase of acupuncture without a license, certificate, or permit issued by the board, or uses any word or title to induce the belief that they are engaged in the practice of any type of acupuncture, shall be guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $1,000 for each violation.

(b) Any person, except a licensed or certified acupuncturist, who:

(1) Practices or attempts to practice acupuncture;

(2) Buys, sells, or fraudulently obtains any diploma, certificate, or license to practice acupuncture whether recorded or not;

(3) Uses the title "acupuncturist", "C.Ac.", "L.Ac." or "D.Ac." [or "D.O.M."] or any word or title to induce the belief that the person is engaged in the practice of acupuncture without complying with this chapter; or

(4) Violates this chapter;

shall be penalized as provided in subsection (a). The department may also seek all legal and equitable remedies available to it for the enforcement of [the provisions of] this chapter, including seeking injunctive relief."

SECTION 12. Section 436E-13, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) A licensee who has been awarded a license to practice acupuncture by the board in this State may use the title of "Licensed Acupuncturist" or designation "L.Ac." with the licensee's name in an advertisement for acupuncture or announce or append the designation to the licensee's name. A certificate holder who has been awarded a certificate to practice acupuncture by the board in this State may use the title of "Certified Acupuncturist" or designation "C.Ac." with the certificate holder's name in an advertisement for acupuncture or announce or append the designation to the certificate holder's name."

2. By amending subsection (c) to read:

"(c) A licensee or certificate holder who has been awarded an earned doctoral degree from a university or college recognized by a regional or national accrediting body recognized by the United States Department of Education, or who has completed a program approved by the board in the study or practice of acupuncture (traditional oriental medicine), and who has met the standards for the use of academic designations as developed by the board may use the designation "Doctor", the prefix "Dr.", or the designation "D.Ac."; provided that the word ["Acupuncturist"] "Acupuncture Physician" may immediately [follows] follow the licensee's or certificate holder's name if the designation "Doctor" or the prefix "Dr." is used alone. The board shall establish the standards required for the use of these academic designations in its rules. The rules shall provide for a time period to enable a licensee to meet the requirements for the continued use of the academic designations and shall prohibit the use of the designations after that period unless those requirements are met."

SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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