Bill Text: MS SB2214 | 2017 | Regular Session | Enrolled
Bill Title: Acupuncture Practice Act; extend repealer and make technical amendments.
Sponsorship: Bipartisan Bill
Status: (Passed) 2017-03-27 - Approved by Governor [SB2214 Detail]
Download: Mississippi-2017-SB2214-Enrolled.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton, Jackson (11th)
Senate Bill 2214
(As Sent to Governor)
AN ACT TO AMEND SECTION 73-71-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN ACUPUNCTURE PRACTITIONER MAY PERFORM ACUPUNCTURE ON A PATIENT ONLY IF THE PATIENT WAS EVALUATED BY A PHYSICIAN, AS APPROPRIATE, FOR THE CONDITION BEING TREATED WITHIN SIX MONTHS BEFORE THE DATE THAT ACUPUNCTURE IS PERFORMED; TO REQUIRE THE PRACTITIONER TO OBTAIN A WRITTEN STATEMENT SIGNED BY THE PATIENT ON A FORM PRESCRIBED BY THE STATE BOARD OF MEDICAL LICENSURE STATING THAT THE PATIENT HAS BEEN EVALUATED BY A PHYSICIAN WITHIN THE PRESCRIBED TIME; TO AUTHORIZE A PRACTITIONER TO PERFORM ACUPUNCTURE ON A PATIENT FOR CERTAIN CONDITIONS WITHOUT AN EVALUATION FROM A PHYSICIAN; TO REPEAL SECTION 73-71-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR PHYSICIAN REFERRAL TO AND SUPERVISION OF ACUPUNCTURE PRACTITIONERS; TO REPEAL SECTION 73-71-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REPEAL OF THE ACUPUNCTURE PRACTICE ACT; 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. All of the following shall apply to an acupuncture practitioner who is licensed to practice in Mississippi:
(a) * * * Except
as otherwise provided in paragraph (c), the practitioner may perform
acupuncture on a patient only if the patient was evaluated by a physician, as
appropriate, for the condition being treated within six (6) months before the
date that acupuncture is performed. The State Board of Medical Licensure, with
advice from the Mississippi Council of Advisors in Acupuncture, may by rule
modify the scope of the evaluation under this paragraph or the period during
which treatment must begin under this paragraph.
(b) * * * The
practitioner must obtain a written statement signed by the patient on a form
prescribed by the State Board of Medical Licensure stating that the patient has
been evaluated by a physician within the prescribed time. The form must
contain a clear statement that the patient should be evaluated by a physician
for the condition being treated by the practitioner.
(c) Notwithstanding the provisions of paragraph (a), a practitioner may, without an evaluation from a physician, perform acupuncture on a patient for:
(i) Smoking addiction;
(ii) Weight loss; or
(iii) Substance abuse, to the extent permitted by regulations adopted by the State Board of Medical Licensure, with advice from the Mississippi Council of Advisors in Acupuncture.
( * * *d) 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.
( * * *e) 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.
( * * *f) 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.
SECTION 2. Section 73-71-9, Mississippi Code of 1972, which provides for physician referral to and supervision of acupuncture practitioners, is repealed.
SECTION 3. Section 73-71-53, Mississippi Code of 1972, which provides for the repeal of the Acupuncture Practice Act, is repealed.
SECTION 4. This act shall take effect and be in force from and after July 1, 2017.
