2021 -- H 5154 | |
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LC000095 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- THE HEALING ART OF | |
ACUPUNCTURE AND ORIENTAL MEDICINE | |
| |
Introduced By: Representative David A. Bennett | |
Date Introduced: January 25, 2021 | |
Referred To: House Health, Education & Welfare | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. The title of Chapter 5-37.2 of the General Laws entitled "The Healing Art of |
2 | Acupuncture and Oriental Medicine" is hereby amended to read as follows: |
3 | CHAPTER 5-37.2 |
4 | The Healing Art of Acupuncture and Oriental Medicine |
5 | CHAPTER 5-37.2 |
6 | THE PRACTICE OF ACUPUNCTURE AND CHINESE MEDICINE |
7 | SECTION 2. Sections 5-37.2-1, 5-37.2-1.1, 5-37.2-2, 5-37.2-7, 5-37.2-8.1, 5-37.2-9, 5- |
8 | 37.2-10, 5-37.2-12, 5-37.2-12.1, 5-37.2-12.2, 5-37.2-12.3, 5-37.2-14, 5-37.2-15, 5-37.2-18, 5-37.2- |
9 | 19, 5-37.2-20 and 5-37.2-21 of the General Laws in Chapter 5-37.2 entitled "The Healing Art of |
10 | Acupuncture and Oriental Medicine" are hereby amended to read as follows: |
11 | 5-37.2-1. Legislative declaration -- Acupuncture and Oriental medicine Legislative |
12 | declaration -- Acupuncture and Chinese Medicine. |
13 | The practice of the healing art of acupuncture and Oriental Chinese medicine, and any |
14 | branch of acupuncture and Oriental Chinese medicine, is declared to be a learned profession, |
15 | affecting public safety and welfare and charged with the public interest, and subject to protection |
16 | and regulation by the state. |
17 | 5-37.2-1.1. Board of acupuncture and Oriental medicine Board of acupuncture and |
18 | Chinese medicine. |
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1 | (a) The director of the department shall appoint a board of acupuncture and Oriental |
2 | Chinese medicine. The board shall consist of five (5) members, all of whom shall be residents of |
3 | the state, four (4) of whom shall be doctors of acupuncture and Oriental Chinese medicine licensed |
4 | by the department and engaged in the practice of acupuncture and Oriental Chinese medicine in the |
5 | state for at least five (5) years prior to their appointment, and there shall be one public member. |
6 | The members shall be appointed for terms of three (3) years; each member may serve a maximum |
7 | of two (2) consecutive, full terms. No member of the board of acupuncture and Oriental Chinese |
8 | medicine shall receive compensation for his or her attendance at meetings of the board. |
9 | (b) The director of health may remove any member from the board for neglect of any duty |
10 | required by law or for any incompetency, unprofessional, or dishonorable conduct. Vacancies |
11 | created by voluntary resignation or removal by the director of health shall be filled in the same |
12 | manner as the original appointment was made for the remainder of the term. |
13 | 5-37.2-2. Definitions. |
14 | Unless the context otherwise requires, the words, phrases, and derivatives employed in this |
15 | chapter have the meanings ascribed to them in this section: |
16 | (1) "Acupuncture" means the insertion of needles into the human body by piercing the skin |
17 | of the body, for the purpose of controlling and regulating the flow of energy and blood in the body |
18 | physiology. |
19 | (2) "Acupuncture and Chinese medicine" means a form of health care, with a foundation |
20 | in classical and modern Chinese medical concepts and theory, that employs Chinese medical |
21 | diagnostic methods such as pulse, tongue, palpation and observational diagnosis, as well as |
22 | diagnostic techniques based on newer scientific models. "Acupuncture and Chinese medicine" |
23 | includes acupuncture and adjunct therapies for the promotion, maintenance, or restoration of health, |
24 | and the treatment, or prevention, of any ailment. The techniques and adjunct therapies of |
25 | "Acupuncture and Chinese medicine" may include acupuncture, electro-acupuncture, laser |
26 | acupuncture, moxibustion (heat therapy), cupping, TDP and infrared lamps, manual therapies such |
27 | as gua sha, cupping and tui na, corrective exercises such as Qi Gong, Chinese herbal medicine, |
28 | dietary therapy, breathing exercises, and life-style change consultations. |
29 | (3) "Auricular acudetox", also known as "5 Needle Protocol", "5NP", or "NADA protocol" |
30 | means a standardized point auricular acupuncture protocol, consisting of five (5) points: |
31 | Sympathetic, Shen Men, Liver, Kidney, and Lung, and was developed by the National Acupuncture |
32 | Detox Association (NADA) as an adjunct therapy for the treatment of addiction, substance use |
33 | disorder, mental and behavioral health, trauma, and for relief in disaster settings. |
34 | (4) "Auricular acupuncture technician (AAT)" means a qualified individual, as defined in |
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1 | this section, with auricular acupuncture technician training based on the program developed by |
2 | NADA, and is delivered by NADA, or its equivalent. |
3 | (5) "Chinese herbal medicine" means traditional combinations of raw, granular |
4 | preparations of herbs to produce formulas from Chinese herbal literature, the modification of those |
5 | traditional combinations, or the writing of new formulas to address individual symptom |
6 | presentations, through addition, deletion, substitution or change in dosages of ingredients and the |
7 | dispensing of these herbal preparations to patients, including in pill, tablet, capsule or liquid form. |
8 | (2)(6) "Department" means the state department of health. |
9 | (7) "Doctor of acupuncture" means a person licensed under the provisions of this chapter |
10 | to practice acupuncture and Chinese medicine. |
11 | (3)(8) "Doctor of Acupuncture and Oriental Chinese Medicine" means a person licensed |
12 | under the provisions of this chapter to practice the art of healing known as acupuncture and Oriental |
13 | Chinese medicine, and who has additional training, experience or certification to practice Chinese |
14 | herbal medicine. |
15 | (4) "Oriental medicine" means a form of health care, based on classical Chinese medical |
16 | concepts and modern Oriental medical techniques, that employs Chinese medical diagnosis such |
17 | as pulse, tongue, palpatory, and observational diagnosis, as well as acupuncture therapies and |
18 | diagnostic techniques based on newer scientific models for the assessment, treatment, prevention, |
19 | and cure of any disease with the purpose of full health restoration. The techniques and modalities |
20 | of Oriental medicine include acupuncture, electro-acupuncture, laser acupuncture, moxibustion |
21 | (heat therapy), cupping, TDP and infrared lamps, Tuina, Qi Gong, Gwa/sha, thermography, herbal |
22 | GMP standardized therapy, homeopathy and supplement therapy, Chinese dieting therapy, |
23 | breathing exercises, and lifestyle change consultations. |
24 | (9) "General supervision" means, but is not limited to, availability by telephone or other |
25 | electronic means during business hours. |
26 | (10) "National Acupuncture Detoxification Association" or "NADA" means a not-for- |
27 | profit organization that provides a certificate of acudetox training. |
28 | (11) "Qualified individual" means a licensed nurse, clinical social worker, mental health |
29 | counselor, certified peer recovery specialist, or certified alcohol or chemical dependency |
30 | professional, trained and certified in auricular acudetox. A qualified individual is required to be |
31 | under general supervision of a licensed acupuncturist pursuant to chapter 37.2 of this title. |
32 | 5-37.2-7. Powers of department. |
33 | For the purpose of conducting its responsibilities under this chapter, the department shall: |
34 | (1) Engage persons of established reputation and known ability in acupuncture and or |
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1 | Oriental Chinese medicine as consultants to the department; the Rhode Island Society of |
2 | Acupuncture and Oriental Medicine and any other professional association of acupuncture and or |
3 | Oriental Chinese medicine are designated as appropriate bodies with which the department shall |
4 | consult for referral of consultants and other assistance to the department; |
5 | (2) Maintain an office in the state to carry out the provisions of this chapter; |
6 | (3) Promulgate rules and regulations, or either of them, not inconsistent with the provisions |
7 | of this chapter. These rules and regulations may include a code of ethics regulating the professional |
8 | conduct of licensees; and |
9 | (4) Compel the attendance of witnesses and the production of evidence by subpoena and |
10 | administer oaths. |
11 | 5-37.2-8.1. License required. |
12 | (a) Unless licensed as a doctor of acupuncture and Oriental or Chinese medicine under this |
13 | chapter, or exempt from licensure under the provisions of this chapter, no person shall practice or |
14 | hold himself or herself out as practicing, or engaging in the practice of, acupuncture and Oriental |
15 | Chinese medicine, either for compensation or gratuitously. |
16 | (b) This chapter shall not be construed to make unlawful the activities of persons involved |
17 | in research performed under the auspices of a federal- or state-regulated research institution. |
18 | 5-37.2-9. Special licensing. |
19 | (a) Upon application to the department prior to July 1, 1980, any person who has been an |
20 | instructor in the art of acupuncture and Oriental or Chinese medicine at a domestic or foreign |
21 | college or university satisfactory to the department for a period of two (2) years and who has had |
22 | at least ten (10) years' experience, shall be granted a license by the department as a doctor of |
23 | acupuncture and Oriental or doctor of acupuncture and Chinese medicine without the necessity of |
24 | taking an examination. |
25 | (b) An acupuncturist, licensed and in good standing to practice acupuncture in another |
26 | jurisdiction, may perform acupuncture or acupuncture and Chinese medicine while teaching or |
27 | demonstrating or providing acupuncture in connection with teaching or participating in an |
28 | educational seminar in Rhode Island. |
29 | (c) An auricular acupuncture technician, qualified and trained to perform 5NP, may |
30 | perform the procedure within that individual's current scope of practice; provided, that the |
31 | individual obtains a certificate of training from a recognized organization or agency that meets or |
32 | exceeds NADA training. |
33 | (d) Acudetox may be performed by auricular acupuncture technicians working in, or in |
34 | collaboration with, behavioral health and health care agencies, or other state-approved programs or |
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1 | agencies. |
2 | (e) Any complaints filed against an auricular acupuncture technician relating to the |
3 | performance of any 5NP procedure shall be handled by the licensing board or department in |
4 | conformance with the requirements of that individual's health care license or certification. |
5 | (f) Any individual performing 5NP shall not use the title "acupuncturist" or "doctor of |
6 | acupuncture" or "doctor of acupuncture and Chinese medicine," as defined in § 5-37.2-2, or |
7 | otherwise represent himself or herself as an acupuncture professional and shall not perform |
8 | acupuncture outside of the scope of the auricular acudetox procedure. |
9 | (g) Nothing in this chapter is intended to limit, interfere with, or prevent a certified |
10 | auricular acupuncture technician from practicing within the scope of their certification. |
11 | 5-37.2-10. Application for licenses -- Fees. |
12 | An applicant for examination for a license to practice acupuncture and Oriental Chinese |
13 | medicine or any branch of acupuncture and Oriental Chinese medicine shall: |
14 | (1) Submit an application to the department on forms provided by the department; |
15 | (2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and meets |
16 | the appropriate education requirements; |
17 | (3) Pay a fee as set forth in § 23-1-54; and |
18 | (4) Pay any fees required by the department for an investigation of the applicant or for the |
19 | services of a translator, if required, to enable the applicant to take the examination. |
20 | 5-37.2-12. Issuance of licenses to practice acupuncture. |
21 | The department shall issue a license for the practice of acupuncture and Oriental Chinese |
22 | medicine where the applicant meets the requirements of § 5-37.2-12.1 except as exempted. |
23 | 5-37.2-12.1. Examination requirements and issuance of license. |
24 | (a) No person shall be licensed as a doctor of acupuncture and Oriental or doctor of |
25 | acupuncture and Chinese medicine unless he or she has passed the examination by the National |
26 | Certification Commission for Acupuncture and Oriental Medicine or successor entity a |
27 | credentialing body approved by the department. |
28 | (b) Before any applicant is eligible for licensure, he or she shall furnish satisfactory proof |
29 | that he or she: |
30 | (1) Is a United States citizen or legal alien; |
31 | (2) Has demonstrated proficiency in the English language; |
32 | (3) Is at least twenty-one (21) years of age; |
33 | (4) Is of good moral character; |
34 | (5) Has completed an accredited program of at least thirty-six (36) months and not less than |
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1 | twenty-five hundred (2,500) one thousand nine hundred five (1,905) hours of training and has |
2 | received a certificate or diploma from an institute approved by the Accreditation Commission for |
3 | Schools and Colleges of Acupuncture and Oriental Medicine, or any accrediting body approved by |
4 | the department, according to the provisions of this chapter; provided, that this subdivision does not |
5 | apply to anyone licensed to practice under chapter 37 of this title who is qualified to take and pass |
6 | the test by the National Commission for the Certification of Acupuncture and Oriental Medicine |
7 | National Certification Commission for Acupuncture and Oriental Medicine, or any credentialing |
8 | body meeting the standards for professional certification programs approved by the department; |
9 | (6) Has completed a clinical internship training that is designated as appropriate by the |
10 | National Commission for the Certification of Acupuncture and Oriental Medicine Accreditation |
11 | Commission for the Schools and Colleges of Acupuncture and Oriental Medicine (ACAOM) or |
12 | any credentialing body meeting the standards for professional certification programs approved by |
13 | the department; and |
14 | (7) Has three (3) two (2) letters of reference from reputable individuals other than relatives |
15 | and at least two (2), one of which are is from a licensed or registered doctors doctor of acupuncture |
16 | and Oriental medicine or doctor of acupuncture and Chinese medicine. |
17 | (c) Additional certification for the practice of Chinese herbal medicine. |
18 | (1) A licensed acupuncturist is required to demonstrate that he or she is qualified by |
19 | training, experience or certification to practice Chinese herbal medicine. The department shall |
20 | adopt rules specifying the training required for licensed acupuncturists to obtain the certification to |
21 | practice Chinese herbal medicine. |
22 | (2) Licensees who obtained licensure prior to January 1, 2022, and employ herbal therapy, |
23 | including herbal formulations, and who submitted evidence of herbal training that the department |
24 | has determined was substantially equivalent or exceeded the ACAOM curricular requirements |
25 | regarding Chinese herbal medicine may continue to employ herbal therapy and may be granted a |
26 | doctor of acupuncture and Chinese medicine license by the department. |
27 | (3) A licensee who is licensed on or after January 1, 2022 and who completed an ACAOM |
28 | accredited or candidate status Oriental medicine program, or Traditional Chinese medicine |
29 | program, or who completed an herbal medicine program that the department determined was |
30 | substantially equivalent or exceeded the ACAOM curriculum requirements regarding herbal |
31 | medicine, or who has passed the Chinese herbal medicine examination by the National Certification |
32 | Commission for Acupuncture and Oriental Medicine or a credentialing body approved the |
33 | department, may continue to employ Chinese herbal medicine therapy, during the course of |
34 | treatment if the licensee has obtained department approval to employ herbal therapy, and shall be |
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1 | granted a doctor of acupuncture and Chinese medicine license. |
2 | (d) All licensees pursuant to this chapter shall adhere to procedures that employ the use of |
3 | disposable, single-use, sterile needles, with proper handling and disposal, and that follow the |
4 | provisions of universal precautions. |
5 | 5-37.2-12.2. Reciprocal licensing requirements. |
6 | The health department may, at its discretion, issue a license without examination to a doctor |
7 | of acupuncture or doctor of acupuncture and Oriental Chinese medicine who has been licensed, |
8 | certified, or formally legally recognized as an acupuncturist in any state or territory if all three (3) |
9 | of the following conditions are met to its satisfaction: |
10 | (1) The applicant meets the requirements of practice in the state or territory in which the |
11 | applicant is licensed, certified, or registered as an acupuncturist; and |
12 | (2) The requirements for practice in the state or territory in which the applicant is licensed, |
13 | certified, or registered as an acupuncturist are at least as stringent as those of this state.; and |
14 | (3) The state or territory in which the applicant is licensed, certified, or legally recognized |
15 | as an acupuncturist permits a practitioner licensed in this state to practice acupuncture and Oriental |
16 | medicine in that jurisdiction. |
17 | 5-37.2-12.3. Continuing education for acupuncture and Oriental medicine Continuing |
18 | education for acupuncture and Chinese medicine. |
19 | The health department shall establish, by regulation, mandatory continuing education |
20 | requirements for a doctor of acupuncture and Oriental a doctor of acupuncture and Chinese |
21 | medicine licensed in this state, including, but not limited to, the following: |
22 | (1) Each person licensed under this chapter, whether or not residing within this state, shall |
23 | complete forty (40) hours of continuing education within each biennial renewal period, except |
24 | during the initial annual renewal period. |
25 | (2) Continuing education hours will be accepted by the department for course work that |
26 | has been presented, accepted, or approved by a nationally recognized acupuncture and Oriental |
27 | Chinese medicine organization or its local chapter, or any accredited school of acupuncture and |
28 | Oriental Chinese medicine. |
29 | (3) At the time of license renewal, each licensee is required to attest to the fact of having |
30 | complied with the requirements in this section. Course descriptions, proof of attendance, or other |
31 | documentation of completion will be retained by the licensee for a minimum of three (3) years and |
32 | is subject to random audit by the department. Failure to produce satisfactory documentation of |
33 | completion upon request by the department constitutes grounds for disciplinary action under the |
34 | provisions of this chapter. |
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1 | (4) Each person not obtaining the required number of hours of continuing education may |
2 | have his or her license renewed for just cause, as determined by the department, so long as the |
3 | department requires that the deficient hours of continuing education, and all unpaid fees, are made |
4 | up during the following renewal period in addition to the current continuing education requirements |
5 | for the renewal period. If any doctor of acupuncture and Oriental or doctor of acupuncture and |
6 | Chinese medicine fails to make up the deficient hours and complete the subsequent renewal period, |
7 | or fails to make up unpaid fees, then his or her license shall not be renewed until all fees are paid |
8 | and all the required hours are completed and documented to the department. |
9 | 5-37.2-14. Recordation and display of licenses -- Annual registration fee -- Penalties |
10 | for failure to pay fee. |
11 | (a) Every person holding a license authorizing him or her to practice acupuncture and |
12 | Oriental Chinese medicine in this state shall record his or her license with the city or town hall in |
13 | the city or town where his or her office and residence are located. Every licensee upon a change of |
14 | residence or office shall have his or her certificate recorded in the same manner in the municipality |
15 | to which he or she has changed. |
16 | (b) Every license shall be displayed in the office, place of business, or place of employment |
17 | of the license holder. |
18 | (c) Every person holding a license shall pay to the department, on or before February 1 of |
19 | each year, the annual registration fee required pursuant to department rules and regulation. If the |
20 | holder of a license fails to pay the registration fee, his or her license shall be suspended. The license |
21 | may be reinstated by payment of the required fee within ninety (90) days after February 1. |
22 | (d) A license that is suspended for more than three (3) months under the provisions of |
23 | subsection (c) may be canceled by the board after thirty (30) days' notice to the holder of the license. |
24 | (e) [Deleted by P.L. 2007, ch. 73, art. 39, § 11.] |
25 | 5-37.2-15. Suspension, revocation, or refusal of license -- Grounds. |
26 | The department may either refuse to issue or may suspend or revoke any license for any |
27 | one or any combination of the following causes: |
28 | (1) Conviction of a felony, conviction of any offense involving moral turpitude, or |
29 | conviction of a violation of any state or federal law regulating the possession, distribution, or use |
30 | of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of |
31 | the court; |
32 | (2) The obtaining of, or any attempt to obtain, a license, or to practice in the profession for |
33 | money or any other thing of value, by fraudulent misrepresentations; |
34 | (3) Gross malpractice; |
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1 | (4) Advertising by means of knowingly false or deceptive statement; |
2 | (5) Advertising, practicing, or attempting to practice under a name other than one's own; |
3 | (6) Habitual drunkenness or habitual addiction to the use of a controlled substance as |
4 | defined in § 21-28-1.02; |
5 | (7) Using any false, fraudulent, or forged statement or document, or engaging in any |
6 | fraudulent, deceitful, dishonest, immoral practice in connection with the licensing requirement of |
7 | this chapter; |
8 | (8) Sustaining a physical or mental disability that renders further practice dangerous; |
9 | (9) Engaging in any dishonorable, unethical, or unprofessional conduct that may deceive, |
10 | defraud, or harm the public, or that is unbecoming a person licensed to practice under this chapter; |
11 | (10) Using any false or fraudulent statement in connection with the practice of acupuncture |
12 | or any branch of acupuncture; |
13 | (11) Violating, or attempting to violate, or assisting or abetting the violation of, or |
14 | conspiring to violate, any provision of this chapter; |
15 | (12) Being adjudicated incompetent or insane; |
16 | (13) Advertising in an unethical or unprofessional manner; |
17 | (14) Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, |
18 | therapy, or treatment; |
19 | (15) Willfully disclosing a privileged communication; |
20 | (16) Failure of a licensee to designate his or her school of practice in the professional use |
21 | of his or her name by the term "doctor of acupuncture and Oriental Chinese medicine"; |
22 | (17) Willful violation of the law relating to the health, safety, or welfare of the public, or |
23 | of the rules and regulations promulgated by the state board of health; |
24 | (18) Administering, dispensing, or prescribing any controlled substance as defined in § 21- |
25 | 28-1.02, except for the prevention, alleviation, or cure of disease or for relief from suffering; and |
26 | (19) Performing, assisting, or advising in the injection of any liquid silicone substance into |
27 | the human body. |
28 | 5-37.2-18. Reporting vital statistics. |
29 | Doctors of acupuncture and Oriental Chinese medicine shall observe and be subject to all |
30 | state and municipal regulations relative to reporting all births and deaths in all matters pertaining |
31 | to the public health. |
32 | 5-37.2-19. Seminars not in accordance with department regulations prohibited -- |
33 | Penalty. |
34 | (a) No seminar concerning acupuncture and Oriental Chinese medicine may be conducted |
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1 | in this state except in accordance with regulations prescribed by the department for bona fide |
2 | educational seminars. |
3 | (b) Any person who violates subsection (a) of this section is guilty of a misdemeanor. |
4 | 5-37.2-20. Practice without a license a misdemeanor. |
5 | A person who represents himself or herself as a practitioner of acupuncture and Oriental |
6 | Chinese medicine, or any branch of acupuncture and Oriental Chinese medicine, and who engages |
7 | in the practice of acupuncture and Oriental Chinese medicine, or any branch of acupuncture and |
8 | Oriental Chinese medicine, in this state without holding a valid license issued by the department is |
9 | guilty of a misdemeanor. |
10 | 5-37.2-21. Injunctive relief. |
11 | (a) The department may maintain in any court of competent jurisdiction a suit for an |
12 | injunction against any person or persons practicing acupuncture and Oriental Chinese medicine, or |
13 | any branch of acupuncture and Oriental Chinese medicine, without a license. |
14 | (b) This injunction: |
15 | (1) May be issued without proof of actual damage sustained by any person, this provision |
16 | being understood to be a preventive as well as a punitive measure. |
17 | (2) Shall not relieve the person from criminal prosecution for practicing without a license. |
18 | SECTION 3. Chapter 5-37.2 of the General Laws entitled "The Healing Art of |
19 | Acupuncture and Oriental Medicine" is hereby amended by adding thereto the following section: |
20 | 5-37.2-24. Meaning of terms in existing laws. |
21 | When in any law, resolution, document, record, instrument, proceeding, or other place the |
22 | words "Oriental medicine" as applied in this chapter appear, they shall be construed to mean |
23 | "Chinese medicine". |
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1 | SECTION 4. This act shall take effect upon passage. |
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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 AND ORIENTAL MEDICINE | |
*** | |
1 | This act would change the title of chapter 37.2 of title 5 and throughout, replacing the words |
2 | "Oriental medicine" with "Chinese medicine" and would allow individuals who are otherwise |
3 | certified, to practice acupuncture and Chinese medicine using Chinese medical diagnostic methods. |
4 | This act would take effect upon passage. |
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