Bill Text: MS HB83 | 2016 | Regular Session | Introduced
Bill Title: Acupuncturists; may treat patients for chronic or acute pain without physician referral if have analgesic drug Rx.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-23 - Died In Committee [HB83 Detail]
Download: Mississippi-2016-HB83-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Human Services
By: Representative Weathersby
House Bill 83
AN ACT TO AMEND SECTION 73-71-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REQUIREMENTS FOR AN ACUPUNCTURE PRACTITIONER TO OBTAIN A WRITTEN REFERRAL OR PRESCRIPTION FOR ACUPUNCTURE FROM A PHYSICIAN BEFORE TREATING A PATIENT AND TO PERFORM THE ACUPUNCTURE UNDER THE GENERAL SUPERVISION OF THE PATIENT'S REFERRING OR PRESCRIBING PHYSICIAN DO NOT APPLY TO THE TREATMENT OF A PATIENT FOR CHRONIC OR ACUTE PAIN IF THE PATIENT HAS A CURRENT PRESCRIPTION FOR AN ANALGESIC DRUG AT THE TIME OF THE TREATMENT; TO REQUIRE THE ACUPUNCTURE PRACTITIONER TO OBTAIN CERTAIN INFORMATION REGARDING THE PRESCRIPTION ANALGESIC BEFORE TREATING ANY SUCH PATIENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-71-7, Mississippi Code of 1972, is amended as follows:
73-71-7. (1) Except as otherwise provided in subsection (2) of this section, all of the following shall apply to an acupuncture practitioner who is licensed to practice in Mississippi:
(a) The practitioner shall perform the technique of acupuncture for a patient only if the patient has received a written referral or prescription for acupuncture from a physician. As specified in the referral or prescription, the acupuncturist shall provide reports to the physician on the patient's condition or progress in treatment and comply with the conditions or restrictions on the acupuncturist's course of treatment.
(b) The practitioner shall perform the technique of acupuncture under the general supervision of the patient's referring or prescribing physician. General supervision does not require that the acupuncturist and physician practice in the same office.
(c) Before treating a patient, the practitioner shall advise the patient that acupuncture is not a substitute for conventional medical diagnosis and treatment and shall obtain the informed consent of the patient.
(d) On initially meeting a patient in person, the practitioner shall provide in writing the practitioner's name, business address, and business telephone number, and information on acupuncture, including the techniques that are used.
(e) While treating a patient, the practitioner shall not make a diagnosis. If a patient's condition is not improving or a patient requires emergency medical treatment, the practitioner shall consult promptly with a physician.
(2) The requirements of paragraphs (a) and (b) of subsection (1) of this section do not apply to the treatment of a patient by an acupuncture practitioner for chronic or acute pain if the patient has a current prescription for an analgesic drug at the time of the treatment. Before treating any such patient, the acupuncture practitioner shall obtain from the patient the brand or generic name of the prescription analgesic drug and the prescription number for the drug, and shall record and maintain that information in the patient's records.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
