2024 -- S 2404

========

LC004853

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- THE PRACTICE OF

ACUPUNCTURE AND CHINESE MEDICINE

     Introduced By: Senator Joshua Miller

     Date Introduced: February 12, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-37.2-2 of the General Laws in Chapter 5-37.2 entitled "The Practice

of Acupuncture and Chinese Medicine" is hereby amended to read as follows:

     5-37.2-2. Definitions.

     Unless the context otherwise requires, the words, phrases, and derivatives employed in this

chapter have the meanings ascribed to them in this section:

     (1) “Acupuncture” means the insertion of needles into the human body for the purpose of

regulating physiology.

     (2) “Acupuncture and Chinese medicine” means a form of health care, with a foundation

in classical and modern Chinese medical concepts and theory, that employs Chinese medical

diagnostic methods such as pulse, tongue, palpation, and observational diagnosis, as well as

diagnostic techniques based on newer scientific models. “Acupuncture and Chinese medicine”

includes acupuncture and adjunct therapies for the promotion, maintenance, or restoration of health,

and the treatment, or prevention, of any ailment. The techniques and adjunct therapies of

“Acupuncture and Chinese medicine” may include acupuncture, electro-acupuncture, laser

acupuncture, moxibustion (heat therapy), cupping, TDP and infrared lamps, manual therapies such

as gua sha, cupping, and tui na, corrective exercises such as Qi Gong, Chinese herbal medicine,

dietary therapy, breathing exercises, and lifestyle change consultations.

     (3) “Auricular acudetox,” also known as “5 Needle Protocol,” “5NP,” or “NADA protocol”

means a standardized point auricular acupuncture protocol, consisting of five (5) points:

Sympathetic, Shen Men, Liver, Kidney, and Lung, and developed by the National Acupuncture

Detox Association (NADA) as an adjunct therapy for the treatment of addiction, substance use

disorder, mental and behavioral health, trauma, and for relief in disaster settings.

     (4) “Auricular acupuncture technician (AAT)” means a qualified individual, as defined in

this section, with auricular acupuncture technician training based on the program developed by

NADA, and is delivered by NADA, or its equivalent.

     (5) “Chinese herbal medicine” means traditional combinations of raw, granular

preparations of herbs to produce formulas from Chinese herbal literature, the modification of those

traditional combinations, or the writing of new formulas to address individual symptom

presentations, through addition, deletion, substitution, or change in dosages of ingredients and the

dispensing of these herbal preparations to patients, including in pill, tablet, capsule, or liquid form.

     (6) “Department” means the state department of health.

     (7) “Doctor of acupuncture” means a person licensed under the provisions of this chapter

to practice acupuncture and Chinese medicine.

     (8) “Doctor of acupuncture and Chinese medicine” means a person licensed under the

provisions of this chapter to practice acupuncture and Chinese medicine, and who has additional

training, experience or certification to practice Chinese herbal medicine.

     (9) “General supervision” means, but is not limited to, availability by telephone or other

electronic means during business hours.

     (10) “National Acupuncture Detoxification Association” or “NADA” means a not-for-

profit organization that provides a certificate of acudetox training.

     (11) “Qualified individual” means a licensed nurse, clinical social worker, mental health

counselor, certified peer recovery specialist, or certified alcohol or chemical dependency

professional, person trained and certified in auricular acudetox. A qualified individual is required

to be under general supervision of a licensed acupuncturist pursuant to this chapter.

     SECTION 2. This act shall take effect upon passage.

========

LC004853

========

LC004853 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- THE PRACTICE OF

ACUPUNCTURE AND CHINESE MEDICINE

***

     This act would broaden the definition of a “qualified individual” in acupuncture and

Chinese medicine to include any person trained and certified in auricular acudetox.

     This act would take effect upon passage.

========

LC004853

========

LC004853 - Page 3 of 3