2002 -- S 2561

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LC00281

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - - THE HEALING ART OF

ACUPUNCTURE

     Introduced By: Senators Ruggerio, Igliozzi, Damiani, DaPonte, and Tassoni

     Date Introduced: February 06, 2002

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-37.2-2, 5-37.2-12.1, 5-37.2-12.2, 5-37.2-12.3, 5-37.2-12.4, 5-

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37.2-13, 5-37.2-14, 5-37.2-15, 5-37.2-16, 5-37.2-19 and 5-37.2-20 of the General Laws in

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Chapter 5-37.2 entitled "The Healing Art of Acupuncture" are hereby amended to read as

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follows:

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

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

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in the body. means a distinct system of primary health care that uses the diagnostic and treatment

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techniques of oriental medicine, both traditional and modern, for the prevention, correction or

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cure of any disease, illness, injury or pain.

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     (b) The acupuncture techniques used for stimulation of certain points on or near the

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surface of the body include, but are not limited to, insertion of acupuncture needles. Electro-

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acupuncture, heat therapy-moxibustion, vasoneumatic devices, oriental massage-Tui Na/Shiatsu,

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Gwa-sha, infared therapy, Electro therapy.

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     (c) Within the scope of acupuncture and oriental medicine are such methods of therapy as

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breathing exercises, energetic exercises - Qi Gong, Tai-chi and nutrition including the

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incorporation of drugless substances and herbs as dietary supplements to promote health pursuant

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to industry manufacturing standards.

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     (d) No provision in this section shall preclude other licensed professionals with a

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previously defined scope of practice.

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

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      (3) "Doctor of acupuncture" means a person licensed under the provisions of this chapter

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to practice the art of healing known as acupuncture.

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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) “Committee” means the committee on Acupuncture and Oriental Medicine under the

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Board of Licensure and Discipline.

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     (6) “Board” means the Rhode Island Board of Licensure and Discipline within the

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department of health.

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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 unless he or she has passed the examination by the

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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 by achieving a score of 550 on

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the CASAS test;

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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 twenty-nine hundred (2500) (2900) contact hours of training, and has received a

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

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Schools and Colleges of acupuncture and oriental medicine, according to the provisions of this

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chapter; provided, that this subsection does not apply to anyone licensed to practice under chapter

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37 of 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. As of January 1, 2004, the minimum

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requirement for contact training shall not be less than thirty-two hundred (3200) hours; as of

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January 1, 2006, the minimum requirement for contact training shall not be less than thirty-six

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hundred (3600) hours; and as of January 1, 2008, the minimum requirement for contact training

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shall not be less than four thousand (4000) hours.

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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.

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     (8) Foreign acupuncture graduates must meet all requirements within this chapter, the

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transcripts of their training with certified training transcripts in English translation shall be sent

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directly from the school of original training to the committee on Acupuncture and Oriental

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medicine. The transcript shall contain a valid dean or bursar seal.

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     (9) Chiropractors, naturopathic doctors, dentists, physical therapists, physician assistants,

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podiatrists and other licensed medical providers except for medical doctors and doctors of

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osteopathy shall meet all the requirements within this chapter and obtain the full license of Doctor

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of Acupuncture in order to practice acupuncture within this state.

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     5-37.2-12.2. Reciprocal licensing requirements -- The health department committee

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may, at its discretion, issue a license without examination to a doctor of acupuncture who has

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

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if all three 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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in that jurisdiction.

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

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The health department committee shall establish, by regulation, mandatory continuing education

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requirements for a doctor of acupuncture 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) hours of continuing education within each annual renewal period,

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except during the initial annual renewal period.

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

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

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organization or its local chapter, or any accredited school of acupuncture.

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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 committee. Failure to produce satisfactory

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documentation of completion upon request by the department committee constitutes grounds for

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disciplinary action under the 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 committee, so

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long as the department committee requires that the deficient hours of continuing education, and

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all unpaid fees, are made up during the following renewal period in addition to the current

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continuing education requirements for the renewal period. If any doctor of acupuncture 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 committee.

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     5-37.2-12.4. Licensure of previously licensed acupuncturists -- (a) Any acupuncturist

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

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the provisions of this chapter.

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      (b) No acupuncturist licensed under this subsection shall accept or perform professional

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responsibilities which the licensee knows or has reason to know that he or she is not qualified by

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training, experience, or certification to perform. Violation of this section subjects the licensee to

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the revocation or suspension of his or her license. The department committee shall make

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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 -- An applicant for a license

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for acupuncture assistant is 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; Has

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successfully completed a practical training of at least three hundred (300) hours under the

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supervision of the licensed Doctor of Acupuncture according to the regulations established by the

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committee;

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

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      (3) Passes the examination of the department for acupuncture assistant.

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     (4) Meet such other requirements as may be established by the committee.

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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 or to serve as an acupuncture assistant in this state shall record his or her license with

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the city or town hall in the city or town where his or her office and residence are located. Every

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licensee upon a change of residence or office shall have his or her certificate recorded in the same

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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 subsection (e). If the holder of a license

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fails to pay the registration fee his or her license is suspended. The license may be reinstated by

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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) may be canceled by the board after thirty (30) days notice to the holder of the

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license.

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      (e) The annual registration fees shall be prescribed by the department and shall not

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exceed the following amounts:

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      (1) Doctor of acupuncture: six hundred twenty-five dollars ($625) two hundred dollars

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($200).

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      (2) Licensed acupuncture assistant: three hundred twelve dollars and fifty cents

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($312.50) fifty dollars ($50.00).

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

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

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combination 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 section 21-28-1.02, as shown by a certified copy of

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record of 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 section 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" or "acupuncture assistant", as the case

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

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suffering; 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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     5-37.2-16. Suspension, revocation, or refusal of license -- Notice and hearing -- The

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department committee shall not refuse to issue, refuse to renew, suspend or revoke any license for

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any of the causes enumerated in section 5-37.2-15, unless the person accused has been given at

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least twenty (20) days notice, in writing, of the charge against him or her and a hearing by the

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department.

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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 may be conducted in this state except in

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accordance with regulations prescribed by the department committee for bona fide educational

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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 or any branch of acupuncture, and who engages

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in the practice of acupuncture or any branch of acupuncture in this state without holding a valid

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license issued by the department committee is guilty of a misdemeanor.

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     SECTION 2. Section 5-37.2-7 of the General Laws in Chapter 5-37.2 entitled "The

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Healing Art of Acupuncture" is hereby repealed.

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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 as

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

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designated as the appropriate body with which the department shall consult for referral of

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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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     SECTION 3. Chapter 5-37.2 of the General Laws entitled "The Healing Art of

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Acupuncture" is hereby amended by adding thereto the following section:

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     5-37.2-7.1. Committee -- Composition -- Tenure -- Removal -- Officers -- Powers and

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Duties. -- (a) The board shall consist of seven (7) members appointed by the Governor,

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     Of the seven members:

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     (1) Five (5) shall be licensed Doctors of Acupuncture;

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     (2) One (1) shall be a medical doctor; and

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     (3) One (1) shall be a consumer member.

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     (b) Each committee member who is a Doctor of Acupuncture shall:

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     (1) For at least ten (10) years immediately before appointment have been engaged in the

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practice of acupuncture in the state; and

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     (2) Be a person of known reputation and ability in acupuncture.

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     (c) The consumer member shall:

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     (1) Be a member of the general public; and

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     (2) Not be or ever have been an acupuncturist or in training to become an acupuncturist.

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     (d) The medical doctor shall, for at least two (2) years immediately before the

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appointment, have been fully certified in acupuncture and be engaging in the practice of

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acupuncture.

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     (e) Tenure shall be as follows:

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     (1) The term of a member is three (3) years;

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     (2) The terms of members are staggered as required by the terms provided for the

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members of the board on July 1, 2001;

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     (3) At the end of a term a member continues to serve until a successor is appointed;

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     (4) A member may not serve more than two (2) consecutive full terms.

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     (f) For each vacancy of the professional members the committee shall compile a list of

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names to be submitted to the governor. If a medical doctor or consumer member does not meet

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the qualifications, another doctor of acupuncture with the above listed qualifications shall be

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appointed as a committee member.

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     (g) The governor may remove a member for incompetence or misconduct.

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     (h) From among its members, the board shall elect officers in a manner that the board

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determines.

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     (i) The committee shall meet at least once every three (3) months, at the times and places

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it determines.

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     (j) A majority of the fully authorized membership of the committee is a quorum.

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     (k) Each member of the committee is entitled to compensation in accordance with the

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state budget.

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     (l) The committee may employ a staff in accordance with the state budget.

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     (m) Powers and duties of the committee are as follows:

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     (1) Deny, issue, suspend, and revoke licenses in accordance with the rules adopted by the

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board and may collect fees, investigate violations of and administer the provisions of this chapter;

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     (2) Sponsor or authorize other entities to offer continuing education programs and

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approve continuing education requirements for license renewal;

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     (3) Establish requirements and approve schools of acupuncture within the state. The

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requirements shall be at least as stringent as the educational requirements within the state;

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     (4) Adopt and use a seal to authenticate official documents of the board;

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     (5) Expend funds as necessary to carry out the provisions of this chapter from revenues

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and interest generated by fees collected under this chapter;

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     (6) Enforce the provisions of this chapter;

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     (7) Conduct hearings upon changes relating to the discipline of licensees, including the

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denial, suspension or revocation of license in accordance with this chapter and any uniform

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licensing act;

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     (8) Employ agents and attorneys;

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     (9)_Establish fees;

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     (10) Keep a licensee record in which the names, addresses and license numbers of all

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licensees shall be recorded together with a record of all license renewals, suspensions and

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revocations;

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     (11) Keep an accurate record of all its meetings, receipts and disbursements;

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     (12) Promulgate the rules and regulations in accordance with this chapter and pertaining

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to national changes within the practice of acupuncture and oriental medicine.

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     SECTION 4. This act shall take effect upon passage.

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LC00281

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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 expand the rules and regulations concerning acupuncture and establish a

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committee on acupuncture and oriental medicine.

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     This act would take effect upon passage.

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LC00281

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