Text: SF00181 Text: SF00183 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 182 1 2 1 3 AN ACT 1 4 REQUIRING LICENSURE TO PRACTICE ACUPUNCTURE. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 147.1, subsections 3 and 6, Code 1999, 1 9 are amended to read as follows: 1 10 3. "Licensed" or "certified" when applied to a physician 1 11 and surgeon, podiatric physician, osteopath, osteopathic 1 12 physician and surgeon, physician assistant, psychologist or 1 13 associate psychologist, chiropractor, nurse, dentist, dental 1 14 hygienist, optometrist, speech pathologist, audiologist, 1 15 pharmacist, physical therapist, occupational therapist, 1 16 respiratory care practitioner, practitioner of cosmetology 1 17 arts and sciences, practitioner of barbering, funeral 1 18 director, dietitian, marital and family therapist, mental 1 19 health counselor, social worker, massage therapist,or1 20 athletic trainer, or acupuncturist, means a person licensed 1 21 under this subtitle. 1 22 6. "Profession" means medicine and surgery, podiatry, 1 23 osteopathy, osteopathic medicine and surgery, practice as a 1 24 physician assistant, psychology, chiropractic, nursing, 1 25 dentistry, dental hygiene, optometry, speech pathology, 1 26 audiology, pharmacy, physical therapy, occupational therapy, 1 27 respiratory care, cosmetology arts and sciences, barbering, 1 28 mortuary science, marital and family therapy, mental health 1 29 counseling, social work, dietetics, massage therapy,or1 30 athletic training, or acupuncture. 1 31 Sec. 2. Section 147.2, Code 1999, is amended to read as 1 32 follows: 1 33 147.2 LICENSE REQUIRED. 1 34 A person shall not engage in the practice of medicine and 1 35 surgery, podiatry, osteopathy, osteopathic medicine and 2 1 surgery, psychology, chiropractic, physical therapy, nursing, 2 2 dentistry, dental hygiene, optometry, speech pathology, 2 3 audiology, occupational therapy, respiratory care, pharmacy, 2 4 cosmetology, barbering, social work, dietetics, marital and 2 5 family therapy or mental health counseling,ormortuary 2 6 science, or acupuncture, or shall not practice as a physician 2 7 assistant as defined in the following chapters of this 2 8 subtitle, unless the person has obtained from the department a 2 9 license for that purpose. 2 10 Sec. 3. Section 147.74, subsection 18, Code Supplement 2 11 1999, is amended to read as follows: 2 12 18. An acupuncturistregisteredlicensed under chapter 2 13 148E may use the words"registered"licensed acupuncturist" 2 14 after the person's name. 2 15 Sec. 4. Section 147.80, subsection 24, Code 1999, is 2 16 amended to read as follows: 2 17 24.RegistrationLicense to practice acupuncture, 2 18registrationlicense to practice acupuncture under a 2 19 reciprocal agreement, or renewal ofregistrationa license to 2 20 practice acupuncture. 2 21 Sec. 5. Section 148E.1, Code 1999, is amended by striking 2 22 the section and inserting in lieu thereof the following: 2 23 148E.1 DEFINITIONS. 2 24 As used in this chapter, unless the context otherwise 2 25 requires: 2 26 1. "Acupuncture" means a form of health care developed 2 27 from traditional and modern oriental medical concepts that 2 28 employs oriental medical diagnosis and treatment, and 2 29 adjunctive therapies and diagnostic techniques, for the 2 30 promotion, maintenance, and restoration of health and the 2 31 prevention of disease. 2 32 2. "Acupuncturist" means a person who is engaged in the 2 33 practice of acupuncture. 2 34 3. "Board" means the board of medical examiners 2 35 established in chapter 147. 3 1 4. "Practice of acupuncture" means the insertion of 3 2 acupuncture needles and the application of moxibustion to 3 3 specific areas of the human body based upon oriental medical 3 4 diagnosis as a primary mode of therapy. Adjunctive therapies 3 5 within the scope of acupuncture may include manual, 3 6 mechanical, thermal, electrical, and electromagnetic 3 7 treatment, and the recommendation of dietary guidelines and 3 8 therapeutic exercise based on traditional oriental medicine 3 9 concepts. 3 10 Sec. 6. Section 148E.2, Code 1999, is amended by striking 3 11 the section and inserting in lieu thereof the following: 3 12 148E.2 LICENSE REQUIRED – RENEWAL. 3 13 1. In order to obtain a license to practice acupuncture, 3 14 an applicant shall present evidence to the board of all of the 3 15 following: 3 16 a. Current active status as a diplomate in acupuncture of 3 17 the national commission for the certification of 3 18 acupuncturists. 3 19 b. Successful completion of a three-year postsecondary 3 20 training program or acupuncture college program which is 3 21 accredited by, in candidacy for accreditation by, or which 3 22 meets the standards of the national accreditation commission 3 23 for schools and colleges of acupuncture and oriental medicine. 3 24 c. Successful completion of a course in clean needle 3 25 technique approved by the national commission for the 3 26 certification of acupuncturists. 3 27 2. Notwithstanding subsection 1, a license to practice 3 28 acupuncture shall be granted by the board to a resident of 3 29 this state who has successfully completed an acupuncture 3 30 degree program approved by the board, or an apprenticeship or 3 31 tutorial program approved by the board, on or before July 1, 3 32 2001. 3 33 3. A license granted pursuant to this section shall be 3 34 renewed every two years. Renewal shall require evidence of 3 35 current active membership in the national commission for the 4 1 certification of acupuncturists. 4 2 Sec. 7. Section 148E.3, Code 1999, is amended by striking 4 3 the section and inserting in lieu thereof the following: 4 4 148E.3 SCOPE OF CHAPTER. 4 5 This chapter does not apply to the following: 4 6 1. A person otherwise licensed to practice medicine and 4 7 surgery, osteopathy, osteopathic medicine and surgery, 4 8 chiropractic, podiatry, or dentistry who is exclusively 4 9 engaged in the practice of the person's professions. 4 10 2. A student practicing acupuncture under the direct 4 11 supervision of a licensed acupuncturist as part of a course of 4 12 study approved by the board. 4 13 Sec. 8. Section 148E.4, Code 1999, is amended by striking 4 14 the section and inserting in lieu thereof the following: 4 15 148E.4 STANDARD OF CARE. 4 16 A person licensed under this chapter shall be held to the 4 17 same standard of care as a person licensed to practice 4 18 medicine and surgery, osteopathy, or osteopathic medicine and 4 19 surgery. 4 20 Sec. 9. Section 148E.5, Code 1999, is amended by striking 4 21 the section and inserting in lieu thereof the following: 4 22 148E.5 USE AND DISPOSAL OF NEEDLES. 4 23 An acupuncturist shall use only presterilized, disposable 4 24 needles, and shall provide for adequate disposal of used 4 25 needles. 4 26 Sec. 10. Section 148E.6, Code 1999, is amended by striking 4 27 the section and inserting in lieu thereof the following: 4 28 148E.6 DISPLAY OF CERTIFICATE AND DISCLOSURE OF 4 29 INFORMATION TO PATIENTS. 4 30 An acupuncturist shall display the license issued pursuant 4 31 to section 148E.2 in a conspicuous place in the 4 32 acupuncturist's place of business. An acupuncturist shall 4 33 provide to each patient upon initial contact with the patient 4 34 the following information in written form: 4 35 1. The name, business address, and business telephone 5 1 number of the acupuncturist. 5 2 2. A fee schedule. 5 3 3. A listing of the acupuncturist's education, experience, 5 4 degrees, certificates, or credentials related to acupuncture 5 5 awarded by professional acupuncture organizations, the length 5 6 of time required to obtain the degrees or credentials, and 5 7 experience. 5 8 4. A statement indicating any license, certificate, or 5 9 registration in a health care occupation which was revoked by 5 10 any local, state, or national health care agency. 5 11 5. A statement that the acupuncturist is complying with 5 12 statutes and rules adopted by the board, including a statement 5 13 that only presterilized, disposable needles are used by the 5 14 acupuncturist. 5 15 6. A statement indicating that the practice of acupuncture 5 16 is regulated by the board. 5 17 7. A statement indicating that a license to practice 5 18 acupuncture does not authorize a person to practice medicine 5 19 and surgery in this state, and that the services of an 5 20 acupuncturist must not be regarded as diagnosis and treatment 5 21 by a person licensed to practice medicine and must not be 5 22 regarded as medical opinion or advice. 5 23 Sec. 11. Section 148E.7, Code 1999, is amended by striking 5 24 the section and inserting in lieu thereof the following: 5 25 148E.7 DUTIES OF BOARD. 5 26 The board shall adopt rules consistent with this chapter 5 27 and chapter 147 which are necessary for the performance of its 5 28 duties. 5 29 Sec. 12. Section 148E.8, Code 1999, is amended by striking 5 30 the section and inserting in lieu thereof the following: 5 31 148E.8 LICENSE REVOCATION OR SUSPENSION. 5 32 In addition to the grounds for revocation or suspension 5 33 referred to in section 147.55, a license to practice 5 34 acupuncture shall be revoked or suspended when the 5 35 acupuncturist is guilty of any of the following acts or 6 1 offenses: 6 2 1. Failure to provide information as required in section 6 3 148E.6 or provision of false information to patients. 6 4 2. Acceptance of remuneration for referral of a patient to 6 5 other health professionals. 6 6 3. Offering of or giving of remuneration for the referral 6 7 of patients, not including paid advertisements or marketing 6 8 services. 6 9 4. Failure to comply with this chapter, rules adopted 6 10 pursuant to this chapter, or applicable provisions of chapter 6 11 147. 6 12 5. Engaging in sexual activity or genital contact with a 6 13 patient while acting or purporting to act within the scope of 6 14 practice, whether or not the patient consented to the sexual 6 15 activity or genital contact. 6 16 6. Disclosure of confidential information regarding the 6 17 patient. 6 18 Sec. 13. Section 148E.9, Code 1999, is amended by striking 6 19 the section and inserting in lieu thereof the following: 6 20 148E.9 ACCIDENT AND HEALTH INSURANCE COVERAGE. 6 21 This chapter shall not be construed to require accident and 6 22 health insurance coverage for acupuncture services under an 6 23 existing or future contract or policy for insurance issued or 6 24 issued for delivery in this state, unless otherwise provided 6 25 by the contract or policy. 6 26 Sec. 14. Section 148E.10, Code 1999, is repealed. 6 27 6 28 6 29 6 30 MARY E. KRAMER 6 31 President of the Senate 6 32 6 33 6 34 6 35 BRENT SIEGRIST 7 1 Speaker of the House 7 2 7 3 I hereby certify that this bill originated in the Senate and 7 4 is known as Senate File 182, Seventy-eighth General Assembly. 7 5 7 6 7 7 7 8 MICHAEL E. MARSHALL 7 9 Secretary of the Senate 7 10 Approved , 2000 7 11 7 12 7 13 7 14 THOMAS J. VILSACK 7 15 Governor
Text: SF00181 Text: SF00183 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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