Bill Text - HB1314 (2020)

(New Title) relative to the board of acupuncture licensing and the licensure of acupuncturists.


Revision: March 11, 2020, 2:02 p.m.

HB 1314 - AS AMENDED BY THE HOUSE

 

11Mar2020... 0591h

2020 SESSION

20-2263

10/01

 

HOUSE BILL 1314

 

AN ACT relative to the board of acupuncture licensing and the licensure of acupuncturists.

 

SPONSORS: Rep. P. Schmidt, Straf. 19

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill allows certain persons licensed by the board of acupuncture licensing who are doctors of acupuncture to use that title.  The bill limits board of acupuncture licensing members to 2 consecutive full terms.  The bill also provides for alternative certification for licensure or renewal and modifies a definition of general supervision of an acupuncture detoxification specialist.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0591h 20-2263

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the board of acupuncture licensing and the licensure of acupuncturists.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Acupuncture; Titles for Licensees.  Amend RSA 328-G:9, V to read as follows:

V.(a)  Whoever, not being licensed or exempted as provided in this chapter, shall advertise oneself or in any way hold oneself out as qualified to practice acupuncture, or shall practice acupuncture, or whoever does so after receiving notice that one's license has been revoked, and whoever, being licensed as provided in this chapter, shall advertise or call oneself or allow oneself to be advertised or called a physician or a doctor in such a way as to imply that such credential relates to the provision of acupuncture services, or use any physician's or doctor's insignia for such purposes shall be in violation of this chapter.

(b)  Notwithstanding subparagraph (a), a person licensed under this chapter who has earned a doctoral degree in the practice of acupuncture from an ACAOM or board-approved program may hold himself or herself out and advertise as a doctor of acupuncture, or use any other letters or words denoting that the individual has earned a doctoral degree in the practice of acupuncture.

2  Board of Acupuncture Licensing; Qualification.  Amend RSA 328-G:3, I(a)(1) to read as follows:

(1)  [Be NCCAOM certified and] Hold a current, valid license to practice acupuncture [in another state in which licensure requirements are substantially equivalent to, or higher than, those of this state, in the case of the initial board appointees, and a current, valid license to practice] under this chapter[, in the case of subsequent board appointees].

3  Board of Acupuncture Licensing; Terms.  Amend RSA 328-G:3, III to read as follows:

III.  The terms of office shall be 3 years for all board members.  No member shall serve more than 2 consecutive full terms. The initial board appointees shall consist of one acupuncturist for a term of 3 years, one acupuncturist for a term of 2 years, 2 acupuncturists for a term of one year each, and one public member for a term of 3 years.  A member may be removed from office by the governor and council for malfeasance, misfeasance, or dishonorable conduct.

4  License Issuance; Certification.  Amend RSA 328-G:9, II to read as follows:

II.  The board shall issue a license to any applicant who satisfies all of the following requirements:

(a)  Is 21 years of age or older.

(b)  Has [current, active] NCCAOM certification or equivalent certification approved by the board, or has successfully passed the California acupuncture licensing examination (CALE), through examination or Credentials Documentation Review.

[(c)  Has successfully completed an NCCAOM approved Clean Needle Technique Course.]

[(d)] (c)  Has paid the $110 license fee and filed the application established by the board.

[(e)] (d)  Is of good moral character.

[(f)] (e)  Has earned a baccalaureate, registered nurse, or physician's assistant degree from an accredited institution.  An applicant who possesses a current, valid license to practice acupuncture from another state who meets all other requirements of licensure may have this requirement waived at the discretion of the board.

[(g)] (f)  Has successfully completed a post-secondary acupuncture college program which is ACAOM or board approved.  For one year from the date on which the first license is issued this requirement will be waived for an applicant who possesses a current, valid license to practice acupuncture in another state, provided that the applicant meets the other requirements of this chapter.  After one year from the date on which the first license is issued, this requirement may only be waived at the discretion of the board.  The board of acupuncture licensing will review on a case by case basis valid apprenticeship programs that demonstrate a balanced approach of clinical training and fundamental sciences and that conform to NCCAOM standards.  In addition, all applicants who have not graduated from an accredited acupuncture school must show proof of successful completion of a college level course in anatomy and physiology.

5  License Renewal; Continuing Education.  Amend RSA 328-G:9, X to read as follows:

X.  As a condition of renewal of license, the board shall require each licensee to show proof of having completed for each biennial period 30 continuing education units at approved institutions or as approved by the board.  Maintaining continuous NCCAOM certification or an equivalent certification approved by the board shall fulfill the continuing education requirement [as long as NCCAOM certification continues to require at least 30 Professional Development Activity points for each biennium].

6  Acupuncture Detoxification Specialist; General Supervision.  Amend RSA 328-G:9-a, II(b) to read as follows:

(b)  "General supervision" includes, but is not limited to, being available by site visit, phone, or other electronic means during business hours[, with at least 2 site visits by] to a licensed acupuncturist [a year], a physician, or an osteopath licensed under RSA 329.

7  Effective Date.  This act shall take effect 60 days after its passage.