Pennsylvania Act 2024-38 — ACUPUNCTURE LICENSURE ACT - REGULATION OF THE PRACTICE OF ACUPUNCTURE, PENALTIES, APPROVAL OF ACUPUNCTURE EDUCATIONAL PROGRAMS

Act text

Session of 2024

No. 2024-38

HB 1490

AN ACT

Amending the act of February 14, 1986 (P.L.2, No.2), entitled "An act regulating the right to practice acupuncture; requiring the licensure of acupuncturists; and providing a penalty," further providing for definitions, for regulation of the practice of acupuncture, for penalties and for approval of acupuncture educational programs.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 2 of the act of February 14, 1986 (P.L.2, No.2), known as the Acupuncture Licensure Act, is amended by adding definitions to read:

Section 2. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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"East Asian herbology." The use of herbal preparations and products that contain as active ingredients parts of plants, minerals and other organic materials or a combination of these items administered according to East Asian medicine tradition to normalize function.

"Herbal therapy." The application of East Asian herbology to the treatment of acupuncture patients.

"Practitioner of Oriental medicine." An acupuncturist who is licensed by the board to use herbal therapy.

Section 2. Section 3(h) of the act is amended and the section is amended by adding subsections to read:

Section 3. Regulation of the practice of acupuncture.

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(h) [Section not applicable to dentists, podiatrists and veterinarians] Exemptions from licensure .--This section shall not apply to [a] :

(1) A dentist performing acupuncture in connection with the practice of dentistry, a podiatrist performing acupuncture in connection with the practice of podiatry or a veterinarian performing acupuncture on animals in connection with the practice of veterinary medicine. The State Board of Dentistry with regard to dentists, the State Board of Podiatry with regard to podiatrists and the State Board of Veterinary Medical Examiners with regard to veterinarians shall assure that licensees of that board who perform acupuncture have what that board determines to be the proper education or demonstrated experience in the performance of acupuncture.

(2) An individual who holds a current license, certificate, registration or permit to practice acupuncture from another state, territory or country and seeks to practice acupuncture in this Commonwealth for the limited purpose of attending a continuing education acupuncture course in this Commonwealth.

(i) Oriental medicine.--An acupuncturist may practice Oriental medicine if the acupuncturist is licensed with the board as a practitioner of Oriental medicine and:

(1) has successfully completed an acupuncture education program that includes the study of East Asian herbology and passed an East Asian herbology examination approved by the board; or

(2) has obtained national certification in East Asian herbology or Oriental medicine from a certifying organization approved by the board, which includes passing an East Asian herbology examination.

(j) Emergency.--The board shall have the power to allow an individual who holds a current license as an acupuncturist or practitioner of Oriental medicine in another state, the District of Columbia or a territory of the United States or who has obtained national certification to practice acupuncture or Oriental medicine in this Commonwealth for no more than 60 days as part of a relief effort related to a state of emergency declared by the Federal Government or the Governor.

(k) Identification.--

(1) Except as provided under paragraph (2), an acupuncturist shall wear a tag or badge with lettering clearly visible to the patient bearing the acupuncturist's name and the title "acupuncturist."

(2) An individual who is a practitioner of Oriental medicine shall wear a tag or badge with lettering clearly visible to the patient bearing the individual's name and the title "practitioner of Oriental medicine."

Section 3. Sections 5(a) and 6.1 of the act are amended to read:

Section 5. Penalties.

(a) Licensure.--

(1) Except as provided for in section 3(e), (h)(1) and (j), unless an individual is licensed as an acupuncturist by the board, it shall be unlawful for an individual to :

(i) hold oneself out to be an acupuncturist or a practitioner of acupuncture; or

(ii) practice acupuncture in this Commonwealth [unless the individual is licensed as an acupuncturist by one of the boards].

(2) An individual willfully violating the provisions of this act shall be guilty of a misdemeanor of the third degree.

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Section 6.1. [Approval of acupuncture] Acupuncture educational programs.

(a) Approval.-- The Department of Education of the Commonwealth shall approve any acupuncture educational program that meets the relevant and appropriate requirements of 22 Pa. Code (relating to education) and 24 Pa.C.S. Ch. 65 (relating to private colleges, universities and seminaries) and that meets or exceeds the standards required for acupuncture or oriental medicine programs established by an accrediting agency recognized by the United States Department of Education.

(b) Continuing education.--

(1) Except as provided in paragraph (3), acupuncturists must attend and complete 30 hours of mandatory continuing education during each two-year license period. Nationally certified education courses shall be considered as creditable, in addition to any other courses the board deems creditable toward meeting the requirements for continuing education. Credit may not be given for any course in office management or practice building.

(2) An individual applying for the first time for licensure as an acupuncturist in this Commonwealth shall be exempted from the continuing education requirements under paragraph (1) for the biennial renewal period following initial licensure.

(3) A licensed physician who is also an acupuncturist shall complete at least nine credit hours of mandatory continuing education during each two-year license period as part of the licensed physician's continuing education requirement under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act.

(4) The board shall adopt, promulgate and enforce rules and regulations consistent with the provisions of this act establishing requirements of continuing education to be met by individuals licensed as acupuncturists or practitioners of Oriental medicine under this act as a condition for renewal of their licenses. The regulations shall include any fees necessary for the board to carry out its responsibilities under this section.

Section 4. This act shall take effect in 60 days.

APPROVED--The 1st day of July, A.D. 2024.

JOSH SHAPIRO