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| PRIOR PRINTER'S NO. 2267 | PRINTER'S NO. 3881 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYTON, BEYER, BRENNAN, CREIGHTON, MILNE, SIPTROTH, WANSACZ AND YOUNGBLOOD, JUNE 23, 2009 |
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| AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 9, 2010 |
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| AN ACT |
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1 | Amending the act of February 14, 1986 (P.L.2, No.2), entitled, | <-- |
2 | as amended, "An act regulating the right to practice |
3 | acupuncture; requiring the licensure of acupuncturists; and |
4 | providing a penalty," deleting provisions relating to further | <-- |
5 | providing for medical diagnosis; and providing for patient | <-- |
6 | advice and consent liability insurance. | <-- |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 3.1 of the act of February 14, 1986 |
10 | (P.L.2, No.2), known as the Acupuncture Registration Act, added |
11 | November 29, 2006 (P.L.1625, No.186), is amended to read: |
12 | [Section 3.1. Medical diagnosis. | <-- |
13 | (a) Treatment without diagnosis.--Except as provided in |
14 | subsection (b), an acupuncturist may treat a person's condition |
15 | without the condition being diagnosed by a licensed physician, |
16 | dentist or podiatrist for 60 calendar days from the date of the |
17 | first treatment. |
18 | (b) Treatment with diagnosis.--An acupuncturist may treat a |
19 | person's condition beyond 60 calendar days from the date of the |
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1 | first treatment if the person obtained a diagnosis of the |
2 | treated condition from a licensed physician, dentist or |
3 | podiatrist.] | <-- |
4 | (c) Exception.--Subsections (a) and (b) shall not apply if a | <-- |
5 | person does not present any symptoms of a condition. |
6 | Section 2. The act is amended by adding a section to read: |
7 | Section 3.2. Patient advice and consent. | <-- |
8 | (a) General rule.--The acupuncturist shall advise the |
9 | patient that acupuncture therapeutics is not a substitute for |
10 | conventional medical diagnosis and treatment. |
11 | (b) Consent form.--The patient and acupuncturist shall sign |
12 | a form stating that the patient realizes it is his |
13 | responsibility to seek conventional medical diagnosis and |
14 | treatment. |
15 | (c) Duties of board.--The form shall be developed and |
16 | approved by the board for use under the provisions of this |
17 | section. |
18 | (d) Record.--A copy of this statement shall be kept in the |
19 | patient's file at the acupuncturist's office. |
20 | Section 3.2. Liability insurance. | <-- |
21 | (a) Required coverage.--An acupuncturist shall obtain and |
22 | maintain, to the satisfaction of the board, professional |
23 | liability insurance coverage in the minimum amount of $1,000,000 |
24 | per occurrence or claims made. |
25 | (b) Noncompliance.--Failure to maintain insurance coverage |
26 | as required under this section shall be actionable under |
27 | sections 3 and 5. |
28 | (c) Evidence of coverage.--The board shall accept as |
29 | satisfactory evidence of insurance coverage under this section |
30 | the following: |
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1 | (1) self-insurance; |
2 | (2) personally purchased professional liability |
3 | insurance; or |
4 | (3) professional liability insurance coverage provided |
5 | by the acupuncturist's employer or similar type of coverage |
6 | acceptable to the board. |
7 | Section 3. This act shall take effect in 90 days. |
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