HB 575-FN - AS INTRODUCED

2017 SESSION

17-0332

10/05

HOUSE BILL 575-FN

AN ACT relative to the certification of acupuncture detoxification specialists.

SPONSORS: Rep. Backus, Hills. 19; Rep. J. Schmidt, Hills. 28; Rep. King, Hills. 33; Rep. MacKenzie, Hills. 17; Rep. O'Neil, Hills. 9; Rep. DiSilvestro, Hills. 9; Rep. Heath, Hills. 14; Rep. Butler, Carr. 7; Rep. Cushing, Rock. 21; Rep. Sofikitis, Hills. 34; Sen. Soucy, Dist 18

COMMITTEE: Executive Departments and Administration

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ANALYSIS

This bill allows the board of acupuncture to certify individuals as acupuncture detoxification specialists.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0332

10/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to the certification of acupuncture detoxification specialists.

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

1  New Paragraphs; Acupuncture; Definitions Added.  Amend RSA 328-G:2 by inserting after paragraph VIII the following new paragraphs:

IX.  "Acupuncture detoxification," also known as acu-detox, means the treatment by means of the insertion of acupuncture needles in a combination of points on the ear.

X.  "Acupuncture detoxification specialist," known as an ADS, means an individual certified by the board to practice acupuncture detoxification in this state.

XI.  "NADA" means the National Acupuncture Detoxification Association.

2  New Paragraph; Acupuncture Detoxification; Rulemaking.  Amend RSA 328-G:7 by inserting after paragraph XIII the following new paragraph:

XIV.(a)  Procedures and forms for application for certification as an acupuncture detoxification specialist.

(b)  Renewal, revocation, or suspension of certification of an acupuncture detoxification specialist.

(c)  Any fees required under subparagraphs (a) and (b).

(d)  Maintaining a register of persons certified as acupuncture detoxification specialists.

3  License Required; Exception Added.  Amend RSA 328-G:9, I to read as follows:

I.  No person shall practice acupuncture within this state without first obtaining a license from the board except physicians licensed under RSA 329 [and], doctors of naturopathic medicine certified under RSA 328-E:12, or persons certified by the board as acupuncture detoxification specialists under RSA 328-G:9-a.

4  New Section; Certified Acupuncture Detoxification Specialist.  Amend RSA 328-G by inserting after section 9 the following new section:

328-G:9-a  Certified Acupuncture Detoxification Specialist.  The board shall certify as an acupuncture detoxification specialist an individual, not licensed by the board as an acupuncturist, who has successfully completed NADA training or other training in acupuncture detoxification protocols as determined by the board and complied with the rules of the board adopted pursuant to RSA 328-G:7, XIV.

5  Penalties.  Amend RSA 328-G:14 to read as follows:

328-G:14  Penalties.  It shall be a class A misdemeanor for any natural person, and a felony if any other person, to violate RSA 328-G:9, or to act as an acupuncture detoxification specialist without current certification by the board under RSA 328-G:9-a.

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

LBAO

17-0332

1/18/17

HB 575-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the certification of acupuncture detoxification specialists.

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill creates a sub-category of the acupuncturist position and allows the board of acupuncture to certify individuals as acupuncture detoxification specialists.  Violations would constitute a class A misdemeanor for any natural person, and a felony if any other person.  A person who acts as an acupuncture detoxification specialist without current board certification could be guilty of a class A misdemeanor and a person could also be subject to disciplinary action, resulting in appeals to the Supreme Court.  Penalties may have an impact on the judicial system.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the agencies impacted have provided the potential costs associated with these penalties below.

The Department of Justice states that such criminal offenses are typically prosecuted by local or county prosecutors.  Appeals from any conviction for a violation of the statute or assistance to the Board for legal advice and promulgation of rules would be handled within the current budget.  

The Judicial Council assumes the indigent defense delivery system is not needed to provide representation to someone who violates laws regulating business and industry.  The Council assumes an individual charged with violating this legislation would do so in the context of his or her occupation and would be unlikely to meet the eligibility standards for the appointment of counsel pursuant to RSA 604-A:2-c, and likely that a business would defend its employee.  This legislation is unlikely to affect the Judicial Council's expenditures.

The Office of Professional Licensure and Certification states the potential complaints or hearings that could possibly result from this legislation are unknown, making the fiscal impact indeterminable.

AGENCIES CONTACTED:

Office of Professional Licensure and Certification, Department of Justice, Judicial Branch, Judicial Council and New Hampshire Association of Counties