Bill Text: MS SB2391 | 2014 | Regular Session | Engrossed
Bill Title: Mississippi Acupuncture Practice Act; exempt doctor referral requirement for certain acupuncturists.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-03-04 - Died In Committee [SB2391 Detail]
Download: Mississippi-2014-SB2391-Engrossed.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton
Senate Bill 2391
(As Passed the Senate)
AN ACT TO AMEND SECTIONS 73-71-7 AND 73-71-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN ACUPUNCTURIST THAT HAS BEEN LICENSED AND REMAINS IN GOOD STANDING IN MISSISSIPPI FOR FIVE CONSECUTIVE YEARS IS EXEMPT FROM THE MEDICAL DOCTOR REFERRAL REQUIREMENT; 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) 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. An acupuncturist that has been licensed and remains in good standing in Mississippi for five (5) consecutive years with no disciplinary actions taken against them is exempt from the medical doctor referral requirement. 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.
SECTION 2. Section 73-71-9, Mississippi Code of 1972, is amended as follows:
73-71-9. All of the following shall apply to an acupuncture practitioner's supervising physician for a patient:
(a) Before making the referral or prescription for acupuncture, the physician shall perform a medical diagnostic examination of the patient or review the results of a medical diagnostic examination recently performed by another physician. An acupuncturist that has been licensed and remains in good standing in Mississippi for five (5) consecutive years with no disciplinary actions taken against them is exempt from the medical doctor referral requirement.
(b) The physician shall make the referral or prescription in writing and specify in the referral or prescription all of the following:
(i) The physician's diagnosis of the ailment or condition that is to be treated by acupuncture;
(ii) A time by which or the intervals at which the practitioner must provide reports to the physician regarding the patient's condition or progress in treatment; and
(iii) The conditions or restrictions placed on the practitioner's course of treatment.
(c) The physician shall be personally available for consultation with the practitioner. If the physician is not on the premises at which acupuncture is performed, the physician shall be readily available to the practitioner through some means of telecommunication and be in a location that under normal circumstances is not more than sixty (60) minutes travel time away from the location where the practitioner is practicing.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
