Revision: March 14, 2017, 9:54 a.m.
HB 575-FN - AS AMENDED BY THE HOUSE
8Mar2017... 0680h
2017 SESSION
17-0332
10/05
HOUSE BILL 575-FN
AN ACT relative to the certification of acupuncture detoxification specialists.
SPONSORS: Rep. Backus, Hills. 19; Rep. J. Schmidt, Hills. 28; Rep. King, Hills. 33; Rep. MacKenzie, Hills. 17; Rep. O'Neil, Hills. 9; Rep. DiSilvestro, Hills. 9; Rep. Heath, Hills. 14; Rep. Butler, Carr. 7; Rep. Cushing, Rock. 21; Rep. Sofikitis, Hills. 34; Sen. Soucy, Dist 18
COMMITTEE: Executive Departments and Administration
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This bill allows the board of acupuncture to certify individuals as acupuncture detoxification specialists.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Mar2017... 0680h 17-0332
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to the certification of acupuncture detoxification specialists.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Acupuncture; Definitions Added. Amend RSA 328-G:2 by inserting after paragraph VIII the following new paragraphs:
IX. "Acupuncture detoxification," also known as acu-detox, means the treatment by means of the insertion of acupuncture needles in a combination of points on the ear.
X. "Acupuncture detoxification specialist," known as an ADS, means an individual certified by the board to practice acupuncture detoxification in this state.
XI. "NADA" means the National Acupuncture Detoxification Association.
XII. “NADA training” means the standardized auricular acupuncture protocol developed by NADA that is in effect on July 1, 2017.
2 New Paragraph; Acupuncture Detoxification; Rulemaking. Amend RSA 328-G:7 by inserting after paragraph XIII the following new paragraph:
XIV.(a) Procedures and forms for application for certification as an acupuncture detoxification specialist.
(b) Renewal, revocation, or suspension of certification of an acupuncture detoxification specialist.
(c) Any fees required under subparagraphs (a) and (b).
(d) Maintaining a register of persons certified as acupuncture detoxification specialists.
3 New Section; Certified Acupuncture Detoxification Specialist. Amend RSA 328-G by inserting after section 9 the following new section:
328-G:9-a Certified Acupuncture Detoxification Specialist.
I. The board shall certify as an acupuncture detoxification specialist a qualified individual, not licensed by the board as an acupuncturist, who has successfully completed NADA training or other training in acupuncture detoxification protocols as determined by the board and complied with the rules of the board adopted pursuant to RSA 328-G:7, XIV.
II.(a) A "qualified individual" shall mean a licensed health care professional, recovery coach, peer counselor, or other board approved professional, trained in acu-detox, a standardized auricular acupuncture protocol developed by the NADA, or a training that meets or exceeds the NADA training, as determined by the board, provided she or he is under the general supervision of a licensed acupuncturist, trained in the NADA protocol or equivalent for the purposes of behavioral health applications, including addictions, mental health, and disaster and emotional trauma.
(b) "General supervision" includes, but is not limited to, being available by phone or other electronic means during business hours, with at least 2 site visits by a licensed acupuncturist a year.
III. Nothing in this chapter is intended to limit, interfere with, or prevent an acupuncture detoxification specialist certified by the board from practicing within the scope of their certification.
4 Penalties. Amend RSA 328-G:14 to read as follows:
328-G:14 Penalties. It shall be a class A misdemeanor for any natural person, and a felony if any other person, to violate RSA 328-G:9, or to act as an acupuncture detoxification specialist without current certification by the board under RSA 328-G:9-a.
5 Effective Date. This act shall take effect July 1, 2017.
17-0332
Amended 3/9/17
HB 575-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2017-0680h)
AN ACT relative to the certification of acupuncture detoxification specialists.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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METHODOLOGY:
This bill creates a sub-category of the acupuncturist position and allows the board of acupuncture to certify individuals as acupuncture detoxification specialists. Violations would constitute a class A misdemeanor for any natural person, and a felony if any other person. A person who acts as an acupuncture detoxification specialist without current board certification could be guilty of a class A misdemeanor and a person could also be subject to disciplinary action, resulting in appeals to the Supreme Court. Penalties may have an impact on the judicial system. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the agencies impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2018 | FY 2019 |
Class A Misdemeanor | $71 | $72 |
Routine Criminal Felony Case | $451 | $456 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2018 and FY 2019 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
Department of Corrections |
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FY 2016 Average Cost of Incarcerating an Individual | $35,832 | $35,832 |
FY 2016 Average Cost of Supervising an Individual on Parole/Probation | $573 | $573 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
The Department of Justice states that such criminal offenses are typically prosecuted by local or county prosecutors. Appeals from any conviction for a violation of the statute or assistance to the Board for legal advice and promulgation of rules would be handled within the current budget.
The Judicial Council assumes the indigent defense delivery system is not needed to provide representation to someone who violates laws regulating business and industry. The Council assumes an individual charged with violating this legislation would do so in the context of his or her occupation and would be unlikely to meet the eligibility standards for the appointment of counsel pursuant to RSA 604-A:2-c, and likely that a business would defend its employee. This legislation is unlikely to affect the Judicial Council's expenditures.
The Office of Professional Licensure and Certification states the potential complaints or hearings that could possibly result from this legislation are unknown, making the fiscal impact indeterminable.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification, Department of Justice, Judicial Branch, Judicial Council and New Hampshire Association of Counties