Bill Text: AZ SB1136 | 2014 | Fifty-first Legislature 2nd Regular | Chaptered
Bill Title: Acupuncture board of examiners
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-22 - Chapter 107 [SB1136 Detail]
Download: Arizona-2014-SB1136-Chaptered.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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CHAPTER 107
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SENATE BILL 1136 |
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AN ACT
Amending sections 32-3901, 32-3902, 32-3903, 32-3923 and 32-3924, Arizona Revised Statutes; relating to the acupuncture board of examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-3901, Arizona Revised Statutes, is amended to read:
32-3901. Definitions
In this chapter, unless the context otherwise requires:
1. "Acupuncture" means puncturing the skin by thin, solid needles to reach subcutaneous structures, stimulating the needles to affect produce a positive therapeutic response at a distant site and the use of adjunctive therapies.
2. "Adjunctive therapies" means the manual, mechanical, magnetic, thermal, electrical or electromagnetic stimulation of acupuncture points and energy pathways, auricular and detoxification therapy, ion cord devices, electroacupuncture, herbal poultices, therapeutic exercise and acupressure.
3. "Board" means the acupuncture board of examiners.
4. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:
(a) Wilfully disclosing a professional secret or wilfully violating a privileged communication except as either of these may otherwise be required by law.
(b) Committing a felony as evidenced by conviction by a court of competent jurisdiction.
(c) Habitual intemperance in the use of alcohol or any substance abuse that interferes with the ability to safely practice acupuncture.
(d) Conduct that the board determines is gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.
(e) Impersonating another acupuncturist or any other practitioner of the healing arts.
(f) Falsely acting or assuming to act as a member, an employee or an authorized agent of the board.
(g) Procuring or attempting to procure a license pursuant to this chapter by fraud or misrepresentation.
(h) Refusing to divulge to the board on demand the acupuncture method used in the treatment of a patient.
(i) Giving or receiving or aiding or abetting the giving or receiving of rebates, either directly or indirectly.
(j) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of acupuncture.
(k) The refusal, revocation or suspension of a license by any other state, district or territory of the United States or any other country, unless the action was not taken for reasons relating to the person's ability to safely and skillfully practice acupuncture or relating to an act of unprofessional conduct.
(l) Conduct that is contrary to the recognized standards or ethics of the acupuncture profession or that may constitute a danger to the health, welfare or safety of the patient or the public.
(m) Any conduct or condition that may impair the ability to safely and skillfully practice acupuncture.
(n) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of or conspiring to violate this chapter or board rules.
(o) Advertising in a false, deceptive or misleading manner.
(p) Failing or refusing to maintain adequate patient health records or failing or refusing to make health records promptly available to the patient or to another health practitioner or provider on request and receipt of proper authorization.
(q) Deriving direct or indirect compensation from the referral of a patient without disclosing to the patient in writing the extent of the compensation.
(r) Deriving a financial interest in products the acupuncturist endorses or recommends to the patient without disclosing to the patient in writing the extent of the financial interest.
(s) Sexual intimacies with a patient in the practice of acupuncture.
(t) Failing to appropriately exercise control over or supervise an acupuncture student employed by or assigned to the practitioner in the practice of acupuncture.
(u) Failing to furnish information in a timely manner to the board or its investigators or representatives if the information is legally requested by the board.
(v) Supervising or engaging in a preceptorship or clinical training program in acupuncture without being approved and registered by the board for that preceptorship or clinical training program.
(w) Knowingly making a false, fraudulent or misleading statement, written or oral, to the board.
(x) Failing to exercise proper care for a patient by abandoning or neglecting a patient in need of immediate care without making reasonable arrangements for the continuation of care or by failing to refer the patient to another appropriate health care provider when necessary.
(y) Failing to use needles that have been sterilized according to clean needle technique principles approved by the board.
Sec. 2. Section 32-3902, Arizona Revised Statutes, is amended to read:
32-3902. Acupuncture board of examiners; members; qualifications; terms; removal; compensation
A. The acupuncture board of examiners is established consisting of the following members appointed by the governor:
1. Four members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this state for at least three years. Not more than two of these members shall be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society. The five initial appointees need not be licensed pursuant to this chapter at the time of selection but shall meet all of the qualifications for licensure as prescribed by this chapter.
2. Three consumers who:
(a) Are not employed in a health profession.
(b) Do not have any pecuniary interest in a school of medicine or health care institution.
(c) Demonstrate an interest in health issues in this state.
3. Two members who are licensed pursuant to chapters chapter 8, 13, 14, 17 or 29 of this title. These members shall not be licensed pursuant to the same chapter.
B. Board members shall be residents of this state for at least three years immediately preceding their appointment.
C. Board members serve three-year terms to begin and end on the third Monday in January. A member shall not serve more than two consecutive terms.
D. The board shall meet in January of each year to elect a chairperson and secretary.
E. The board shall meet quarterly and at the call of the chairperson or a majority of board members.
F. Consumer Board members are eligible to receive compensation in the an amount not to exceed fifty dollars per day for each day of actual service in the business of the board and are eligible for reimbursement of expenses necessarily and properly incurred in attending board meetings.
G. The governor may remove a board member from office for malfeasance, dishonorable conduct or unprofessional management of board duties.
H. The term of any member automatically ends on resignation or absence from this state for a period of at least six months. The governor shall fill vacancies for an unexpired portion of a term in the same manner as regular appointments.
I. Board members and board employees are not subject to civil liability for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.
Sec. 3. Section 32-3903, Arizona Revised Statutes, is amended to read:
32-3903. Powers and duties of the board
A. The board shall:
1. Adopt rules necessary to enforce this chapter.
2. Initiate investigations and take disciplinary actions to enforce this chapter.
3. Evaluate the qualifications of applicants and issue licenses to qualified applicants.
4. Adopt and use a seal to authenticate official board documents.
5. Establish fees pursuant to section 32‑3927.
6. Adopt rules for establishing and approving preceptorships and clinical training.
B. The board may:
1. Subject to title 41, chapter 4, article 4, employ personnel needed to carry out board functions.
2. Purchase, lease, rent, sell or otherwise dispose of personal and real property for the operations of the board.
3. Approve examinations for licensure.
Sec. 4. Section 32-3923, Arizona Revised Statutes, is amended to read:
32-3923. Use of title or abbreviation by licensee; prohibited acts; posting of license
A. A person who is licensed pursuant to this chapter may use the title "licensed acupuncturist" and the abbreviation "L.AC.".
B. A person who is not licensed pursuant to this chapter shall not use any title, abbreviation, words, letters, signs or figures to indicate that the person is licensed pursuant to this chapter.
C. Possession of a license pursuant to this chapter does not by itself entitle a person to use the title "doctor" or "physician".
D. A person who is licensed pursuant to this chapter shall post the license or an official duplicate of the license in a conspicuous location in that person's the reception area of each office facility of that licensee.
E. A person who is licensed pursuant to this chapter shall not represent to any member of the public that, by virtue of that license, the person is licensed to practice any modality other than acupuncture.
Sec. 5. Section 32-3924, Arizona Revised Statutes, is amended to read:
32-3924. Qualifications for licensure
To receive a license to practice acupuncture pursuant to this chapter, a person shall submit an application as prescribed by the board. The applicant shall disclose in an application for initial licensure or relicensure all other active and past professional health care licenses and certificates issued to the applicant in this state or by another state, district or territory of the United States. The application shall document to the board's satisfaction that the applicant has successfully completed a clean needle technique course approved by the board and both meets all of the following:
1. Has either:
(a) Been certified in acupuncture by the national certification commission for the certification of acupuncture and oriental medicine, or its successor organization, or another certifying body or examination that is recognized by the board. ,or
(b) Passed the point location module, foundations of oriental medicine module, biomedicine module and acupuncture module offered by the national certification commission for acupuncture and oriental medicine.
(c) Has Been licensed by another state with substantially similar standards, and has not had certification or licensure revoked.
2. Has graduated from or completed training in a board‑approved program of acupuncture with a minimum of one thousand eight hundred fifty hours of training that includes at least eight hundred hours of board‑approved clinical training.
3. Beginning July 1, 2016, has submitted a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
APPROVED BY THE GOVERNOR APRIL 22, 2014.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 23, 2014.
