Bill Text: OR HB2996 | 2013 | Regular Session | Introduced

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Bill Title: Relating to acupuncture; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2996 Detail]

Download: Oregon-2013-HB2996-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 89

                         House Bill 2996

Sponsored by COMMITTEE ON HEALTH CARE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies definition of 'acupuncture' to include insertion of
solid metal needle into body to promote health or treat disorder.
  Limits ability of certain other health care practitioners to
practice other therapy that involves insertion of solid metal
needle into body.
  Directs Oregon Medical Board to establish fee of at least $50
for license to practice acupuncture.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to acupuncture; creating new provisions; amending ORS
  677.757, 677.759, 677.761 and 677.770; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:

                               { +
DEFINITION OF 'ACUPUNCTURE' + }

  SECTION 1. ORS 677.757 is amended to read:
  677.757. As used in ORS 677.757 to 677.770:
  (1)(a) 'Acupuncture' means   { - an Oriental - }   { + a + }
health care practice used to promote health and to treat
neurological, organic or functional disorders by the stimulation
of   { - specific - }  points  { + in and + } on   { - the
surface of - }  the body by the insertion of  { + solid metal + }
needles.   { -  ' Acupuncture' includes the treatment method of
moxibustion, as well as the use of electrical, thermal,
mechanical or magnetic devices, with or without needles, to
stimulate acupuncture points and acupuncture meridians and to
induce acupuncture anesthesia or analgesia. - }
    { - (b) The practice of acupuncture also includes the
following modalities as authorized by the Oregon Medical
Board: - }
    { - (A) Traditional and modern techniques of diagnosis and
evaluation; - }
    { - (B) Oriental massage, exercise and related therapeutic
methods; and - }
    { - (C) The use of Oriental pharmacopoeia, vitamins, minerals
and dietary advice. - }
    { - (2) 'Oriental pharmacopoeia' means a list of herbs
described in traditional Oriental texts commonly used in
accredited schools of Oriental medicine if the texts are approved
by the Oregon Medical Board. - }
   { +  (b) 'Acupuncture' includes the following modalities, as
authorized by the Oregon Medical Board:
  (A) Asian bodywork and massage, exercise therapy and related
therapeutic methods and manual therapy.
  (B) The use of herbal pharmacopoeia, nutritional supplements
and dietary advice.
  (C) The use of electrical, thermal, mechanical or magnetic
devices, without needles, on the body.
  (D) The treatment method of moxibustion.
  (2) 'Herbal pharmacopoeia' means nonprescription herbal
medicine described in texts used in accredited schools of Chinese
or Asian medicine. + }
  SECTION 2. ORS 677.759 is amended to read:
  677.759. (1)   { - No person shall - }   { + A person may
not + } practice acupuncture { + , regardless of the terminology
used to describe the person's practices, + } without first
obtaining a license to practice medicine and surgery or a license
to practice acupuncture from the Oregon Medical Board
 { - except as provided in subsection (2) of this section - } .
  (2) Notwithstanding subsection (1) of this section, the board
may issue a license to practice acupuncture to an individual
licensed to practice acupuncture in another state or territory of
the United States if the individual is licensed to practice
medicine and surgery or acupuncture in the other state or
territory. The board   { - shall - }  { +  may + } not issue such
a license unless the requirements of the other state or territory
are similar to the requirements of this state.
  (3) The board shall examine the qualifications of an applicant
and determine who shall be authorized to practice acupuncture.
  (4) Using the term 'acupuncture,' 'acupuncturist, ' ' Oriental
medicine' or any other term, title, name or abbreviation
indicating that an individual is qualified or licensed to
practice acupuncture is prima facie evidence of practicing
acupuncture.
  (5) In addition to the powers and duties of the board described
in this chapter, the board shall adopt rules consistent with ORS
677.757 to 677.770 governing the issuance of a license to
practice acupuncture.
  SECTION 3. ORS 677.761 is amended to read:
  677.761. Nothing in ORS 677.757 to 677.770 is intended to:
  (1) Prevent, limit or interfere with an individual licensed or
certified by the Oregon Medical Board from practicing health care
other than acupuncture within the scope of the license or
certification of the individual.
  (2) Limit any other licensed or certified health care
practitioner from practicing acupressure   { - or other
therapy - }  within the scope of the license or certification of
the individual.
    { - (3) Limit the activities of any person who engages in the
business of providing Oriental massage, exercise and related
therapeutic methods or who provides substances listed in an
Oriental pharmacopoeia, or vitamins or minerals or dietary
advice, so long as the activities of the person are not otherwise
prohibited by law. - }
   { +  (3) Limit the activities of a person who engages in the
following businesses, if the activities of the person are not
otherwise prohibited by law:
  (a) Providing Asian bodywork or massage, exercise therapy and
related therapeutic methods or manual therapy.
  (b) Providing substances listed in an herbal pharmacopoeia,
nutritional supplements or dietary advice.
  (c) Using electrical, thermal, mechanical or magnetic devices,
without needles, on the body.
  (d) Using the treatment method of moxibustion. + }
  (4) Limit the ability of practitioners from outside Oregon to
demonstrate the practice of acupuncture as part of a recognized
and limited duration educational program, lecture or event within
this state under rules adopted by the board.

                               { +
FEES + }

  SECTION 4. ORS 677.770 is amended to read:
  677.770.  { + (1) + } Every physician or surgeon or other
person licensed as an acupuncturist shall pay to the Oregon
Medical Board nonrefundable fees as determined by the board
pursuant to ORS 677.265.
   { +  (2) The fee for a license to practice acupuncture must be
at least $50. + }
  SECTION 5.  { + (1) The amendments to ORS 677.770 by section 4
of this 2013 Act become operative January 1, 2014.
  (2) The Oregon Medical Board may take any action before the
operative date specified in subsection (1) of this section to
enable the board to exercise, on and after the operative date
specified in subsection (1) of this section, all the duties,
functions and powers conferred on the board by the amendments to
ORS 677.770 by section 4 of this 2013 Act. + }

                               { +
CAPTIONS + }

  SECTION 6.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }

                               { +
EMERGENCY CLAUSE + }

  SECTION 7.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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