CHAPTER 148E
ACUPUNCTURE

Referred to in §147.74, 147.76
Enforcement, §147.87, 147.92
Penalty, §147.86

  
     
148E.1  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Acupuncture” means a form of health care developed from traditional and modern oriental medical concepts that employs oriental medical diagnosis and treatment, and adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease.
  2.  “Acupuncturist” means a person who is engaged in the practice of acupuncture.
  3.  “Board” means the board of medicine established in chapter 147.
  4.  “Practice of acupuncture” means the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based upon oriental medical diagnosis as a primary mode of therapy. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, thermal, electrical, and electromagnetic treatment, and the recommendation of dietary guidelines and therapeutic exercise based on traditional oriental medicine concepts.
93 Acts, ch 86, §1; 2000 Acts, ch 1053, §5; 2007 Acts, ch 10, §107

  
     
148E.2  License required — renewal.
  1.  In order to obtain a license to practice acupuncture, an applicant shall present evidence to the board of all of the following:
  a.  Current active status as a diplomate in acupuncture of the national commission for the certification of acupuncturists.
  b.  Successful completion of a three-year postsecondary training program or acupuncture college program which is accredited by, in candidacy for accreditation by, or which meets the standards of the accreditation commission for acupuncture and oriental medicine.
  c.  Successful completion of a course in clean needle technique approved by the national certification commission for acupuncture and oriental medicine.
  2.  Notwithstanding subsection 1, a license to practice acupuncture shall be granted by the board to a resident of this state who has successfully completed an acupuncture degree program approved by the board, or an apprenticeship or tutorial program approved by the board, on or before July 1, 2001.
  3.  A license granted pursuant to this section shall be renewed every two years. Renewal shall require evidence of current active membership in the national commission for the certification of acupuncturists.
93 Acts, ch 86, §2; 2000 Acts, ch 1053, §6; 2016 Acts, ch 1011, §36
Referred to in §148E.6

     
148E.3  Scope of chapter.
  This chapter does not apply to the following:
  1.  A person otherwise licensed to practice medicine and surgery, osteopathic medicine and surgery, chiropractic, podiatry, or dentistry who is exclusively engaged in the practice of the person’s profession.
  2.  A student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the board.
93 Acts, ch 86, §3; 2000 Acts, ch 1053, §7; 2000 Acts, ch 1232, §49; 2008 Acts, ch 1088, §141

     
148E.4  Standard of care.
  A person licensed under this chapter shall be held to the same standard of care as a person licensed to practice medicine and surgery or osteopathic medicine and surgery.
93 Acts, ch 86, §4; 2000 Acts, ch 1053, §8; 2008 Acts, ch 1088, §141

     
148E.5  Use and disposal of needles.
  An acupuncturist shall use only presterilized, disposable needles, and shall provide for adequate disposal of used needles.
93 Acts, ch 86, §5; 2000 Acts, ch 1053, §9

     
148E.6  Display of certificate and disclosure of information to patients.
  An acupuncturist shall display the license issued pursuant to section 148E.2 in a conspicuous place in the acupuncturist’s place of business. An acupuncturist shall provide to each patient upon initial contact with the patient the following information in written form:
  1.  The name, business address, and business telephone number of the acupuncturist.
  2.  A fee schedule.
  3.  A listing of the acupuncturist’s education, experience, degrees, certificates, or credentials related to acupuncture awarded by professional acupuncture organizations, the length of time required to obtain the degrees or credentials, and experience.
  4.  A statement indicating any license, certificate, or registration in a health care occupation which was revoked by any local, state, or national health care agency.
  5.  A statement that the acupuncturist is complying with statutes and rules adopted by the board, including a statement that only presterilized, disposable needles are used by the acupuncturist.
  6.  A statement indicating that the practice of acupuncture is regulated by the board.
  7.  A statement indicating that a license to practice acupuncture does not authorize a person to practice medicine and surgery in this state, and that the services of an acupuncturist must not be regarded as diagnosis and treatment by a person licensed to practice medicine and must not be regarded as medical opinion or advice.
93 Acts, ch 86, §6; 2000 Acts, ch 1053, §10
Referred to in §148E.8

     
148E.7  Duties of board.
  The board shall adopt rules consistent with this chapter and chapter 147 which are necessary for the performance of its duties.
93 Acts, ch 86, §7; 2000 Acts, ch 1053, §11

     
148E.8  License revocation or suspension.
  In addition to the grounds for revocation or suspension referred to in section 147.55, a license to practice acupuncture shall be revoked or suspended when the acupuncturist is guilty of any of the following acts or offenses:
  1.  Failure to provide information as required in section 148E.6 or provision of false information to patients.
  2.  Acceptance of remuneration for referral of a patient to other health professionals.
  3.  Offering of or giving of remuneration for the referral of patients, not including paid advertisements or marketing services.
  4.  Failure to comply with this chapter, rules adopted pursuant to this chapter, or applicable provisions of chapter 147.
  5.  Engaging in sexual activity or genital contact with a patient while acting or purporting to act within the scope of practice, whether or not the patient consented to the sexual activity or genital contact.
  6.  Disclosure of confidential information regarding the patient.
93 Acts, ch 86, §8; 2000 Acts, ch 1053, §12

     
148E.9  Accident and health insurance coverage.
  This chapter shall not be construed to require accident and health insurance coverage for acupuncture services under an existing or future contract or policy for insurance issued or issued for delivery in this state, unless otherwise provided by the contract or policy.
93 Acts, ch 86, §9; 2000 Acts, ch 1053, §13

148E.10  Repealed by 
2000 Acts, ch 1053, §14
.