2015 -- H 5381

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LC001096

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - THE HEALING ART OF

ACUPUNCTURE

     

     Introduced By: Representative Cale P. Keable

     Date Introduced: February 11, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. The title of Chapter 5-37-.2 of the General Laws entitled "The Healing Art

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of Acupuncture" is hereby amended to read as follows: "The Healing Art of Acupuncture and

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Oriental Medicine".

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     SECTION 2. Sections 5-37.2-1, 5-37.2-2, 5-37.2-7, 5-37.2-8.1, 5-37.2-9, 5-37.2-10, 5-

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37.2-12, 5-37.2-12.1, 5-37.2-12.2, 5-37.2-12.3, 5-37.2-12.4, 5-37.2-13, 5-37.2-14, 5-37.2-15, 5-

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37.2-18, 5-37.2-19, 5-37.2-20, 5-37.2-21 and 5-37.2-22 of the General Laws in Chapter 5-37.2

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entitled "The Healing Art of Acupuncture" are hereby amended to read as follows:

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     5-37.2-1. Legislative declaration -- Acupuncture. Legislative declaration –

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Acupuncture and Oriental Medicine.-- The practice of the healing art of acupuncture and

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Oriental medicine and any branch of acupuncture and Oriental medicine is declared to be a

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learned profession, affecting public safety and welfare and charged with the public interest, and

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subject to protection and regulation by the state.

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     5-37.2-2. Definitions. -- Unless the context otherwise requires, the words, phrases, and

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derivatives employed in this chapter have the meanings ascribed to them in this section:

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      (1) "Acupuncture" means the insertion of needles into the human body by piercing the

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skin of the body, for the purpose of controlling and regulating the flow and balance of energy and

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blood in the body.

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      (2) "Department" means the state department of health.

 

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      (3) "Doctor of acupuncture Acupuncture and Oriental Medicine" means a person

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licensed under the provisions of this chapter to practice the art of healing known as acupuncture

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and Oriental medicine.

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      (4) "Licensed acupuncture assistant" means a person who assists in the practice of

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acupuncture under the direct supervision of a person licensed under the provisions of this chapter

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to practice acupuncture.

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     (5) "Oriental medicine" means a form of primary health care, based on classical Chinese

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medical concepts and modern Oriental medical techniques, that employs Chinese medical

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diagnosis such as pulse, tongue, palpatory and observational diagnosis as well as acupuncture

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therapies and diagnostic techniques based on newer scientific models for the assessment,

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treatment, prevention and cure of any disease with the purpose of full health restoration. The

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techniques and modalities of Oriental Medicine include acupuncture, electro-acupuncture, laser

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acupuncture, moxibustion (heat therapy), cupping, TDP and infrared lamps, Tuina, Qi Gong,

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Gwa/sha, thermograpthy, herbal GMP standardized therapy, homeopathy and supplement

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therapy, chinese dieting therapy, breathing exercises, and life style change consultations.

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     5-37.2-7. Powers of department. -- For the purpose of conducting its responsibilities

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under this chapter, the department shall:

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      (1) Engage persons of established reputation and known ability in acupuncture and

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Oriental medicine as consultants to the department; the Rhode Island Society of Acupuncture and

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Oriental Medicine and any other professional association of acupuncture and Oriental medicine

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are is designated as the appropriate body bodies with which the department shall consult for

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referral of consultants and other assistance to the department.

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      (2) Maintain an office in the state to carry out the provisions of this chapter;

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      (3) Promulgate rules and regulations, or either of them, not inconsistent with the

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provisions of this chapter. These rules and regulations may include a code of ethics regulating the

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professional conduct of licensees; and

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      (4) Compel the attendance of witnesses and the production of evidence by subpoena and

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administer oaths.

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     5-37.2-8.1. License required. -- (a) Unless licensed as a doctor of acupuncture and

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Oriental medicine under this chapter, or exempt from licensure under the provisions of this

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chapter, no person shall practice or hold himself or herself out as practicing, or engaging in the

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practice of, acupuncture and Oriental medicine, either for compensation or gratuitously.

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      (b) This chapter shall not be construed to make unlawful the activities of persons

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involved in research performed under the auspices of a federal or state regulated research

 

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institution.

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     5-37.2-9. Special licensing. -- Upon application to the department prior to July 1, 1980,

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any person who has been an instructor in the art of acupuncture and Oriental medicine at a

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domestic or foreign college or university satisfactory to the department for a period of two (2)

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years and who has had at least ten (10) years experience, shall be granted a license by the

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department as a doctor of acupuncture and Oriental medicine without the necessity of taking an

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examination.

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     5-37.2-10. Application for licenses -- Fees. -- An applicant for examination for a license

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to practice acupuncture and Oriental medicine or any branch of acupuncture and Oriental

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medicine, shall:

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      (1) Submit an application to the department on forms provided by the department;

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      (2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and

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meets the appropriate education requirements;

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      (3) Pay a fee as set forth in § 23-1-54 and

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      (4) Pay any fees required by the department for an investigation of the applicant or for

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the services of a translator, if required, to enable the applicant to take the examination.

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     5-37.2-12. Issuance of licenses to practice acupuncture. -- The department shall issue a

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license for the practice of acupuncture and Oriental medicine where the applicant meets the

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requirements of § 5-37.2-12.1 except as exempted.

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     5-37.2-12.1. Examination requirements and issuance of license. -- (a) No person shall

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be licensed as a doctor of acupuncture and Oriental medicine unless he or she has passed the

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examination by the National Commission of Certification of Acupuncture and Oriental Medicine.

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      (b) Before any applicant is eligible for licensure, he or she shall furnish satisfactory

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proof that he or she:

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      (1) Is a United States citizen or legal alien;

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      (2) Has demonstrated proficiency in the English language;

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      (3) Is at least twenty one (21) years of age;

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      (4) Is of good moral character;

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      (5) Has completed an accredited program of at least thirty-six (36) months and not less

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than twenty-five thirty-five hundred (2500) (3500) hours of training, and has received a certificate

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or diploma from an institute approved by the National Accreditation Commission for Schools and

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Colleges of Acupuncture and Oriental Medicine, according to the provisions of this chapter;

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provided, that this subdivision does not apply to anyone licensed to practice under chapter 37 of

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this title who is qualified to take and pass the test by the National Commission for the

 

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Certification of Acupuncture and Oriental Medicine;

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      (6) Has completed a clinical internship training that is designated as appropriate by the

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National Commission for the Certification of Acupuncture and Oriental Medicine; and

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      (7) Has three (3) letters of reference from reputable individuals other than relatives, and

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at least two (2) of which are from licensed or registered doctors of acupuncture and Oriental

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medicine.

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     5-37.2-12.2. Reciprocal licensing requirements. -- The health department may, at its

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discretion, issue a license without examination to a doctor of acupuncture and Oriental medicine

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who has been licensed, certified, or formally legally recognized as an acupuncturist in any state or

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territory if all three (3) of the following conditions are met to its satisfaction:

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      (1) The applicant meets the requirements of practice in the state or territory in which the

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applicant is licensed, certified, or registered as an acupuncturist;

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      (2) The requirements for practice in the state or territory in which the applicant is

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licensed, certified, or registered as an acupuncturist are at least as stringent as those of this state;

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and

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      (3) The state or territory in which the applicant is licensed, certified, or legally

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recognized as an acupuncturist permits a practitioner licensed in this state to practice acupuncture

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and Oriental medicine in that jurisdiction.

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     5-37.2-12.3. Continuing education for acupuncture - Establishment of standards. --

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Continuing education for acupuncture and Oriental medicine. --The health department shall

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establish, by regulation, mandatory continuing education requirements for a doctor of

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acupuncture and Oriental medicine licensed in this state, including, but not limited to, the

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following:

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      (1) Each person licensed under this chapter, whether or not residing within this state,

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shall complete twenty (20) forty (40) hours of continuing education within each annual bienniel

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renewal period, except during the initial annual renewal period.

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      (2) Continuing education hours will be accepted by the department for course work

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which has been presented, accepted, or approved by a nationally recognized acupuncture and

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Oriental medicine organization or its local chapter, or any accredited school of acupuncture and

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Oriental medicine.

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      (3) At the time of license renewal, each licensee is required to attest to the fact of having

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complied with the requirements in this section. Course descriptions, proof of attendance, or other

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documentation of completion is retained by the licensee for a minimum of three (3) years and is

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subject to random audit by the department. Failure to produce satisfactory documentation of

 

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completion upon request by the department constitutes grounds for disciplinary action under the

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provisions of this chapter.

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      (4) Each person not obtaining the required number of hours of continuing education may

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have his or her license renewed for just cause, as determined by the department, so long as the

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department requires that the deficient hours of continuing education, and all unpaid fees, are

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made up during the following renewal period in addition to the current continuing education

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requirements for the renewal period. If any doctor of acupuncture and Oriental medicine fails to

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make up the deficient hours and complete the subsequent renewal period, or fails to make up

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unpaid fees, then his or her license shall not be renewed until all fees are paid and all the required

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hours are completed and documented to the department.

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     5-37.2-12.4. Licensure of previously licensed acupuncturists. Licensure of

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previously licensed doctors of acupuncture. -- (a) Any acupuncturist doctor of acupuncture

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validly licensed, certified, or registered under prior law of this state shall be deemed as licensed

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under the provisions of this chapter.

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      (b) No acupuncturist doctor of acupuncture licensed under this subsection shall accept or

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perform professional responsibilities which the licensee knows or has reason to know that he or

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she is not qualified by training, experience, or certification to perform. Violation of this section

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subjects the licensee to the revocation or suspension of his or her license. The department shall

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make regulations on these requirements and grant previously licensed, certified, or registered

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acupuncturists qualification on a case by case basis.

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     5-37.2-13. Issuance of license for acupuncture assistant. -- Issuance of license for

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acupuncture and Oriental medicine assistant. -- (a) An applicant for a license for acupuncture

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and Oriental medicine assistant shall be issued a license by the department if he or she:

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     (1) Has successfully completed a course of study in acupuncture in any college or school

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in any country, territory, province, or state requiring any attendance to thirty-six (36) months;

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     (2) Practiced acupuncture for not less than three (3) years;

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     (3) Passes the examination of the department for acupuncture assistant; and

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     (4) Pays any fees as set forth in § 23-1-54.

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     (1) Completes three hundred twenty (320) hours of clinical training with a Doctor of

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Acupuncture and Oriental Medicine licensed in Rhode Island as approved by the Rhode Island

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department of health;

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      (2) Has attained the age of eighteen (18) years old or older;

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      (3)Has obtained a high school diploma or such equivalency;

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      (4) Possess good moral character;

 

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      (5) Submits three (3) letters of recommendation, one of which must be from a licensed

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Doctor of Acupuncture and Oriental Medicine; and

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      (6) Pays any fees as set forth in § 23-1-54.

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      (b) An assistant of acupuncture and Oriental medicine may assist in the utilization of

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other techniques of Oriental medicine as trained and directed by a licensed Doctor of

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Acupuncture and Oriental Medicine, including moxibustion, suction cups, removal of needles,

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TDP lamps and Tuina. However, an assistant of acupuncture and Oriental medicine cannot

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diagnose, write up and deliver treatment plans or perform acupuncture.

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     5-37.2-14. Recordation and display of licenses -- Annual registration fee -- Penalties

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for failure to pay fee. -- (a) Every person holding a license authorizing him or her to practice

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acupuncture and Oriental medicine or to serve as an acupuncture assistant in this state shall

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record his or her license with the city or town hall in the city or town where his or her office and

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residence are located. Every licensee upon a change of residence or office shall have his or her

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certificate recorded in the same manner in the municipality to which he or she has changed.

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      (b) Every license shall be displayed in the office, place of business, or place of

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employment of the license holder.

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      (c) Every person holding a license shall pay to the department on or before February 1 of

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each year, the annual registration fee required pursuant to department rules and regulation. If the

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holder of a license fails to pay the registration fee his or her license shall be suspended. The

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license may be reinstated by payment of the required fee within ninety (90) days after February 1.

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      (d) A license which is suspended for more than three (3) months under the provisions of

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subsection (c) of this section may be canceled by the board after thirty (30) days notice to the

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holder of the license.

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      (e) [Deleted by P.L. 2007, ch. 73, art. 39, § 11.]

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     5-37.2-15. Suspension, revocation, or refusal of license -- Grounds. -- The department

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may either refuse to issue or may suspend or revoke any license for any one or any combination

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of the following causes:

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      (1) Conviction of a felony, conviction of any offense involving moral turpitude, or

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conviction of a violation of any state or federal law regulating the possession, distribution or use

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of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of

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the court;

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      (2) The obtaining of, or any attempt to obtain, a license, or practice in the profession for

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money or any other thing of value, by fraudulent misrepresentations;

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      (3) Gross malpractice;

 

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      (4) Advertising by means of knowingly false or deceptive statement;

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      (5) Advertising, practicing, or attempting to practice under a name other than one's own;

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      (6) Habitual drunkenness or habitual addiction to the use of a controlled substance as

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defined in § 21-28-1.02;

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      (7) Using any false, fraudulent, or forged statement or document, or engaging in any

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fraudulent, deceitful, dishonest, immoral practice in connection with the licensing requirement of

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this chapter;

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      (8) Sustaining a physical or mental disability which renders further practice dangerous;

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      (9) Engaging in any dishonorable, unethical, or unprofessional conduct which may

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deceive, defraud, or harm the public, or which is unbecoming a person licensed to practice under

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this chapter;

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      (10) Using any false or fraudulent statement in connection with the practice of

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acupuncture or any branch of acupuncture;

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      (11) Violating or attempting to violate, or assisting or abetting the violation of, or

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conspiring to violate, any provision of this chapter;

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      (12) Being adjudicated incompetent or insane;

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      (13) Advertising in an unethical or unprofessional manner;

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      (14) Obtaining a fee or financial benefit for any person by the use of fraudulent

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diagnosis, therapy, or treatment;

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      (15) Willfully disclosing a privileged communication;

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      (16) Failure of a licensee to designate his or her school of practice in the professional use

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of his or her name by the term "doctor of acupuncture and Oriental medicine" or "acupuncture

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assistant", as the case may be;

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      (17) Willful violation of the law relating to the health, safety, or welfare of the public, or

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of the rules and regulations promulgated by the state board of health;

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      (18) Administering, dispensing, or prescribing any controlled substance as defined in §

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21-28-1.02, except for the prevention, alleviation, or cure of disease or for relief from suffering;

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and

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      (19) Performing, assisting, or advising in the injection of any liquid silicone substance

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into the human body.

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     5-37.2-18. Reporting vital statistics. -- Doctors of acupuncture and Oriental medicine

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shall observe and be subject to all state and municipal regulations relative to reporting all births

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and deaths in all matters pertaining to the public health.

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     5-37.2-19. Seminars not in accordance with department regulations prohibited --

 

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Penalty. -- (a) No seminar concerning acupuncture and Oriental medicine may be conducted in

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this state except in accordance with regulations prescribed by the department for bona fide

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educational seminars.

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      (b) Any person who violates subsection (a) of this section is guilty of a misdemeanor.

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     5-37.2-20. Practice without a license a misdemeanor. -- A person who represents

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himself or herself as a practitioner of acupuncture and Oriental medicine or any branch of

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acupuncture and Oriental medicine, and who engages in the practice of acupuncture and Oriental

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medicine or any branch of acupuncture and Oriental medicine in this state without holding a valid

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license issued by the department is guilty of a misdemeanor.

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     5-37.2-21. Injunctive relief. -- (a) The department may maintain in any court of

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competent jurisdiction a suit for an injunction against any person or persons practicing

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acupuncture and Oriental medicine or any branch of acupuncture and Oriental medicine without a

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license.

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      (b) This injunction:

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      (1) May be issued without proof of actual damage sustained by any person, this

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provision being understood to be a preventive as well as a punitive measure.

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      (2) Shall not relieve the person from criminal prosecution for practicing without a

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license.

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     5-37.2-22. Physicians practicing acupuncture excepted. -- This chapter shall not be

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construed to prohibit a physician to expand or limit the scope of practice authorized for any

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healthcare professional from practicing acupuncture as authorized under § 5-37-20.

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     SECTION 2. This act shall take effect upon passage.

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LC001096

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - THE HEALING ART OF

ACUPUNCTURE

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      This act would include the term Oriental medicine in defining the scope and technique of

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acupuncture.

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     This act would take effect upon passage.

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