Introduced By: Senators Enos and Walton
Date Introduced : February 10, 1998
It is enacted by the General Assembly as follows:
"SECTION 1. Sections 5-37.2-7 and 5-37.2-12 of the General Laws in Chapter 5-37.2 entitled "The Healing Art of Acupuncture" are hereby amended to read as follows:
5-37.2-7. Powers of department. -- For the purpose of conducting its responsibilities under this chapter, the department shall:
(1) Engage such persons of established reputation and known ability in acupuncture as consultants to the department; {ADD the Rhode Island Society of Acupuncture and Oriental Medicine is hereby designated as the appropriate body to which the department shall consult for referral of consultants and other assistance to the department. ADD}
(2) Maintain an office in the state to carry out the provisions of this chapter;
(3) Promulgate rules and regulations, or either of them, not inconsistent with the provisions of this chapter. Such rules and regulations may include a code of ethics regulating the professional conduct of licensees; and
(4) Compel the attendance of witnesses and the production of evidence by subpoena and the department may administer oaths.
5-37.2-12. Issuance of licenses to practice acupuncture.
-- (a) The department shall issue a license for the practice
of acupuncture where the applicant {DEL : DEL} {ADD meets
the requirements of 5-37.2-12.1 except as otherwise exempted. ADD}
{DEL (1) Has successfully completed an accredited course of
study resulting in a certificate of satisfactory completion in
the art of acupuncture at a foreign or domestic college or university
satisfactory to the department, and, which certificate would grant
the power or authority to practice the art of acupuncture; DEL}
{DEL (2) Has successfully completed and passed the national
commission for the certification of acupuncturists certification
process and examination; and DEL}
{DEL (3) Is of good moral character. DEL}
{DEL (b) Notwithstanding any of the provisions of this chapter,
any person who is lawfully engaged in the practice of acupuncture
in this state on July 1, 1987 shall not be subject to the requirements
of subsection (a). DEL}
SECTION 2. Chapter 5-37.2 of the General Laws entitled "The Healing Art of Acupuncture" is hereby amended by adding thereto the following sections:
{ADD 5-37.2-8.1 License required. -- ADD} {ADD (A) Unless licensed as a doctor of Acupuncture under this chapter, or exempt from licensure under the provisions of this chapter, no person shall practice or hold himself or herself out as practicing, or engaging in the practice of Acupuncture, either for compensation or gratuitously. ADD}
{ADD (B) This chapter shall not be construed to make unlawful the activities of persons involved in research performed under the auspices of a federal or state regulated research institution. ADD}
{ADD 5-37.2-12.1 Examination requirements and issuance of license. -- ADD} {ADD (A) No person shall be licensed as a doctor of Acupuncture unless he or she has passed the examination by the National Commission of Certification of Acupuncture and Oriental Medicine. ADD}
{ADD (B) Before any applicant shall be eligible for licensure, he or she shall furnish satisfactory proof that he or she: ADD}
{ADD (1) is a United States citizen or legal alien; ADD}
{ADD (2) has demonstrated proficiency in the English language; ADD}
{ADD (3) is at least twenty one (21) years of age; ADD}
{ADD (4) is of good moral character; ADD}
{ADD (5) has completed an accredited program of at least thirty six (36) months and not less than twenty five hundred (2500) hours of training and has received a certificate or diploma from an institute approved by the National Accreditation Commission for Schools and Colleges of Acupuncture and Oriental Medicine, according to the provisions of this chapter; provided, however, the provisions of this subsection shall not apply to anyone licensed to practice under chapter 5-37 who is qualified to take and pass the test by the National Commission for the Certification of Acupuncture and Oriental Medicine; ADD}
{ADD (6) has completed a clinical internship training as may be designated as appropriate by the National Commission for the Certification of Acupuncture and Oriental Medicine; and ADD}
{ADD (7) has three (3) letters of reference from reputable individuals other than relatives and at least two (2) of which shall be from licensed or registered doctors of Acupuncture. ADD}
{ADD 5-37.2-12.2 Reciprocal licensing requirements. -- ADD} {ADD (A) The health department may, at its discretion, issue a license without examination to a doctor of acupuncture who has been licensed, certified, or otherwise formally legally recognized as an acupuncturist in any state or territory if all three of the following conditions are met to its satisfaction: ADD}
{ADD (1) the applicant meets the requirements of practice in the state or territory in which the applicant is licensed, certified or registered as an acupuncturist; ADD}
{ADD (2) the requirements for practice in the state or territory in which the applicant is licensed certified or registered as an acupuncturist are at least as stringent as those of this state; and ADD}
{ADD (3) the state or territory in which the applicant is licensed, certified, or legally recognized as an acupuncturist permits a practitioner licensed in this state to practice acupuncture in that jurisdiction. ADD}
{ADD 5-37.2-12.3 Continuing education -- Establishment of standards. -- ADD} {ADD The health department shall establish, by regulation, mandatory continuing education requirements for a doctor of acupuncture licensed in this state, including, but not limited to the following: ADD}
{ADD (A) each person licensed under this chapter, whether or not residing within this state, shall complete twenty (20) hours of continuing education within each annual renewal period, except during the initial annual renewal period. ADD}
{ADD (B) continuing education hours will be accepted by the department for course work which has been presented, accepted or approved by a nationally recognized acupuncture organization or its local chapter, or any accredited school of acupuncture. ADD}
{ADD (C) at the time of license renewal, each licensee will be required to attest to the fact of having complied with the above requirements. Course descriptions, proof of attendance or other documentation of completion will be retained by the licensee for a minimum of three (3) years and is subject to random audit by the department. Failure to produce satisfactory documentation of completion upon request by the department constitutes grounds for disciplinary action under the provisions of 5-37.2. ADD}
{ADD (D) each person not obtaining the required number of hours of continuing education may have his or her license renewed for just cause, as determined by the department, so long as the department requires that the deficient hours of continuing education, and all unpaid fees, are made up during the following renewal period in addition to the current continuing education requirements for the renewal period. If any doctor of acupuncture fails to make up the deficient hours and complete the subsequent renewal period, or fails to make up unpaid fees, then his or her license shall not be renewed until all fees are paid and all the required hours are completed and documented to the department. ADD}
{ADD 5-37.2-12.4. Licensure of previously licensed acupuncturists. -- ADD} {ADD(A) Any acupuncturist validly licensed, certified, or registered under prior law of this state shall be deemed as licensed under the provisions of this chapter. ADD}
{ADD (B) All acupuncturists licensed under this subsection shall not accept or perform professional responsibilities which the licensee knows or has reason to know that such person is not qualified by training, experiencing or certification to perform. Violation of this section shall subject the licensee to the revocation or suspension of his or her license. The department shall make regulations on such requirements and shall grant previously licensed, certified, or registered acupuncturists qualification on a case by case basis. ADD}
SECTION 3. This act shall take effect January 1, 1999."
