Subchapter B. REGISTRATION AND PRACTICE OF ACUPUNCTURISTS AND PRACTITIONERS
OF ORIENTAL MEDICINE

§ 18.11. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Acupuncture—

     (i)   The stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or alleviate the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body.

     (ii)   The term also includes the use of supplemental techniques.

   Acupuncture educational program—Training and instruction in acupuncture or supplemental acupuncture techniques offered by a degree-granting institution authorized by the Department of Education that leads to a master’s degree, master’s level certificate or diploma or first professional degree, that meets the relevant and appropriate requirements of 22 Pa. Code (relating to education) and 24 Pa.C.S. Chapter 65 (relating to private colleges, universities and seminaries) and that meets or exceeds the standards required for acupuncture or Oriental medicine programs established by an accrediting agency recognized by the United States Department of Education.

   Acupuncture examination—An examination offered or recognized by the Board to test whether an individual has accumulated sufficient academic knowledge with respect to the practice of acupuncture and herbal therapy to qualify for the privilege of practicing as an acupuncturist or as a practitioner of Oriental medicine. The Board recognizes the NCCAOM component examinations in acupuncture and sterilization procedures as the examination for registration as an acupuncturist and the NCCAOM examination component in Chinese herbology as the examination for registration as a practitioner of Oriental medicine.

   Acupuncture medical program—An academic or clinical program of study in acupuncture which has been given category I continuing medical education credit by an institution accredited or recognized by the Accreditation Council on Continuing Medical Education to conduct category I continuing medical education courses.

   Acupuncturist—An individual licensed to practice accupuncture by the Board.

   Chinese herbology—The study of the use of herbs in the Oriental medicine tradition.

   Herbal therapy—The application of Chinese herbology to the treatment of acupuncture patients.

   NCCAOM—The National Certification Commission for Acupuncture and Oriental Medicine.

   Practitioner of Oriental medicine—An acupuncturist who is licensed by the Board to use herbal therapy.

   Supplemental techniques—The use of traditional and modern Oriental therapeutics, heat therapy, moxibustion, electrical and low level laser stimulation, acupressure and other forms of massage, and counseling that includes the therapeutic use of foods and supplements and lifestyle modifications.

   The provisions of this §  18.11 amended under section 3 of the Acupuncture Licensure Act (63 P. S. §  1803); and section 8 of the Medical Practice Act of 1985 (63 P. S. §  422.8).

   The provisions of this §  18.11 adopted January 2, 1987, effective immediately and applies retroactively to December 31, 1986, 17 Pa.B. 24; amended May 19, 1989, effective May 20, 1989, 19 Pa.B. 2161; amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644; amended January 8, 2010, effective Janaury 9, 2010, 40 Pa.B. 250. Immediately preceding text appears at serial pages (342667) to (342668).

 A medical doctor who intends to practice acupuncture and any other individual who intends to practice acupuncture shall obtain a license from the Board as an acupuncturist.

   The provisions of this §  18.12 amended under section 3 of the Acupuncture Licensure Act (63 P. S. §  1803); and section 8 of the Medical Practice Act of 1985 (63 P. S. §  422.8).

   The provisions of this §  18.12 amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 250. Immediately preceding text appears at serial page (342668).

 (a)  The Board will license as an acupuncturist a person who satisfies the following requirements:

   (1)  Has successfully completed an acupuncture educational program which includes a course in needle sterilization techniques.

   (2)  Has obtained a passing grade on an acupuncture examination or has been certified by NCCAOM. If the examination was not taken in English, but is otherwise acceptable and a passing score was secured, the Board will accept the examination result if the applicant has also secured a score of 550 on the test of English as a Foreign Language (TOEFL).

 (b)  The Board will license as an acupuncturist a medical doctor who satisfies the following requirements:

   (1)  Has successfully completed 200 hours of training in acupuncture medical programs including examinations required by those programs.

   (2)  Submits an application to register as an acupuncturist accompanied by the required fee. For the fee amount, see §  16.13 (relating to licensure, certification, examination and registration fees).

 (c)  Prior to January 1, 1988, the Board will register as an acupuncturist a medical doctor who satisfies the requirements of subsection (a), (b) or the following:

   (1)  Has at least 3 years of acupuncture practice—a minimum of 500 patient visits per year—documented to the satisfaction of the Board.

   (2)  Submits an application to register as an acupuncturist accompanied by the required fee. For the fee amount, see §  16.13.

   The provisions of this §  18.13 amended under section 3 of the Acupuncture Licensure Act (63 P. S. §  1803); and section 8 of the Medical Practice Act of 1985 (63 P. S. §  422.8).

   The provisions of this §  18.13 adopted January 2, 1987, effective immediately and applies retroactively to December 31, 1986, 17 Pa.B. 24; amended May 19, 1989, effective May 20, 1989, 19 Pa.B. 2161; amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 250. Immediately preceding text appears at serial pages (342669) and (326819).

 (a)  An acupuncturist who also intends to use herbal therapy is required to be licensed by the Board as a practitioner of Oriental medicine.

 (b)  The Board will license an acupuncturist as a practitioner of Oriental medicine if the licensee, in addition to meeting the requirements under §  18.13 (relating to requirements for licensure as an acupuncturist) has fulfilled one of the following:

   (1)  Successfully completed an acupuncture education program that includes the study of Chinese herbology and has passed the NCCAOM examination component on Chinese herbology.

   (2)  Has obtained NCCAOM certification in Chinese herbology or Oriental medicine, which includes passing the NCCAOM examination component in Chinese herbology.

 (c)  An acupuncturist registered with the Board prior to April 14, 2007, may obtain a license as a practitioner or Oriental medicine if the acupuncturist can demonstrate one of the following:

   (1)  Successful completion of a Chinese herbology or Oriental medicine education program recognized by the licensing authority of another state or United States territory for the practice of herbal therapy or Oriental medicine and successful completion of an examination in Chinese herbology or Oriental medicine recognized by the licensing authority of another state or United States territory for the practice of herbal therapy or Oriental medicine.

   (2)  NCCAOM certification in Chinese herbology or Oriental medicine.

   (3)  The achievement of cumulative qualifications that the Board determines to be equivalent to the standard requirements for registration as a practitioner of Oriental medicine.

 (d)  This subsection does not apply to a medical doctor licensed as an acupuncturist nor does it restrict the practice of medicine by a medical doctor.

   The provisions of this §  18.13a amended under section 3 of the Acupuncture Licensure Act (63 P. S. §  1803); and section 8 of the Medical Practice Act of 1985 (63 P. S. §  422.8).

   The provisions of this §  18.13a adopted April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 250. Immediately preceding text appears at serial pages (326819) to (326820).

 (a)  Acupuncturists and practitioners of Oriental medicine shall register biennially and submit the appropriate registration fee to engage in the practice of acupuncture for the biennial period.

 (b)  Procedures for biennial registration of acupuncturists and practitioners of Oriental medicine are outlined in §  16.15 (relating to biennial registration; inactive status and unregistered status).

 (c)  The biennial registration fee is set forth in §  16.13 (relating to licensure, certification, examination and registration fees).

   The provisions of this §  18.14 amended under section 3 of the Acupuncture Licensure Act (63 P. S. §  1803).

   The provisions of this §  18.14 amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644. Immediately preceding text appears at serial page (222907).

 (a)  Responsibilities to patient. In relation to the acupuncture patient, the acupuncturist and the practitioner of Oriental medicine:

   (1)  Shall perform an acupuncture or Oriental medicine evaluation and develop an acupuncture or Oriental medicine treatment plan.

   (2)  May treat the patient’s symptoms without the condition being diagnosed by a physician, dentist or podiatrist for 60 calendar days from the date of the first treatment.

   (3)  May treat the patient’s symptoms beyond 60 calendar days from the date of first treatment if the patient has obtained an examination and diagnosis from a physician, dentist or podiatrist.

   (4)  Shall promptly refer the patient to a physician, dentist or podiatrist, as appropriate to the patient’s condition, if the acupuncturist or practitioner of Oriental medicine determines that further acupuncture or Oriental medicine treatment is contraindicated for the patient or determines that the patient’s symptoms have worsened.

   (5)  Shall consult with the patient’s physician, dentist, podiatrist or other health care practitioner upon request of the patient.

   (6)  Shall cooperate with the patient’s physician, dentist or podiatrist in regard to the coordination of the patient’s care, and comply with restrictions or conditions as directed by the physician, dentist or podiatrist.

   (7)  May not diagnose a physical or mental ailment or condition or prescribe or dispense a drug. This provision does not prohibit the use of diagnostic billing codes for billing or reimbursement purposes.

   (8)  Shall comply strictly with sterilization standards relative to aseptic practices.

   (9)  Shall maintain patient records in a manner consistent with §  16.95 (relating to medical records).

 (b)  Identification of acupuncturist or practitioner of Oriental medicine. An acupuncturist who is not a medical doctor shall wear a tag or badge with lettering clearly visible to the patient bearing the acupuncturist’s name and the title ‘‘acupuncturist’’ or ‘‘practitioner of Oriental medicine,’’ as appropriate. The use of the word doctor on this tag or badge is prohibited.

   The provisions of this §  18.15 amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 250. Immediately preceding text appears at serial pages (326820) to (326821).

 (a)  An acupuncturist may practice acupuncture and use supplemental techniques but may not use herbal therapy.

 (b)  A practitioner of Oriental medicine may practice acupuncture and use supplemental techniques including herbal therapy. A practitioner of Oriental medicine is not prohibited from dispensing or administering therapeutic herbs that contain ingredients that are similar or equivalent to active ingredients in drugs as classified by the Federal Food and Drug Administration.

 (c)  This subsection does not limit the scope of practice of a medical doctor who is registered as an acupuncturist.

   The provisions of this §  18.15a amended under section 3 of the Acupuncture Licensure Act (63 P. S. §  1803); and section 8 of the Medical Practice Act of 1985 (63 P. S. §  422.8).

   The provisions of this §  18.15a adopted April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 250. Immediately preceding text appears at serial page (326821).

 (a)  The Board may refuse, revoke, suspend, limit or attach conditions to the license of an acupuncturist or practitioner of Oriental medicine for engaging in conduct prohibited under section 41 of the act (63 P. S. §  422.41) for Board-regulated practitioners.

 (b)  The Board will order the emergency suspension of the license of an acupuncturist or practitioner of Oriental medicine who presents an immediate and clear danger to the public health and safety, as required under section 40 of the act (63 P. S. §  422.40).

 (c)  The license of an acupuncturist or practitioner of Oriental medicine shall automatically be suspended, as required under section 40 of the act.

   The provisions of this §  18.18 amended under section 3 of the Acupuncture Licensure Act (63 P. S. §  1803); and section 8 of the Medical Practice Act of 1985 (63 P. S. §  422.8).

   The provisions of this §  18.18 adopted January 2, 1987, effective immediately and applies retroactively to December 31, 1986, 17 Pa.B. 24; amended May 19, 1989, effective May 20, 1989, 19 Pa.B. 2161; amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 250. Immediately preceding text appears at serial page (326822).

   The provisions of this §  18.19 corrected January 9, 1987, effective immediately and applies retroactively to December 31, 1986, 17 Pa.B. 185; reserved April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644. Immediately preceding text appears at serial page (222910).