House Study Bill 101 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MILLER) A BILL FOR An Act relating to the licensure of acupuncturists. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1791YC (3) 86 tr/nh

H.F. _____ Section 1. Section 147.1, subsection 6, Code 2015, is 1 amended to read as follows: 2 6. “Profession” means medicine and surgery, podiatry, 3 osteopathic medicine and surgery, practice as a physician 4 assistant, psychology, chiropractic, nursing, dentistry, 5 dental hygiene, dental assisting, optometry, speech pathology, 6 audiology, pharmacy, physical therapy, physical therapist 7 assisting, occupational therapy, occupational therapy 8 assisting, respiratory care, cosmetology arts and sciences, 9 barbering, mortuary science, marital and family therapy, mental 10 health counseling, social work, dietetics, massage therapy, 11 athletic training, acupuncture and oriental medicine , nursing 12 home administration, hearing aid dispensing, sign language 13 interpreting or transliterating, orthotics, prosthetics, or 14 pedorthics. 15 Sec. 2. Section 147.2, subsection 1, Code 2015, is amended 16 to read as follows: 17 1. A person shall not engage in the practice of medicine 18 and surgery, podiatry, osteopathic medicine and surgery, 19 psychology, chiropractic, physical therapy, physical 20 therapist assisting, nursing, dentistry, dental hygiene, 21 dental assisting, optometry, speech pathology, audiology, 22 occupational therapy, occupational therapy assisting, 23 orthotics, prosthetics, pedorthics, respiratory care, 24 pharmacy, cosmetology arts and sciences, barbering, social 25 work, dietetics, marital and family therapy or mental health 26 counseling, massage therapy, mortuary science, athletic 27 training, acupuncture and oriental medicine , nursing home 28 administration, hearing aid dispensing, or sign language 29 interpreting or transliterating, or shall not practice as a 30 physician assistant, unless the person has obtained a license 31 for that purpose from the board for the profession. 32 Sec. 3. Section 147.13, subsection 1, Code 2015, is amended 33 to read as follows: 34 1. For medicine and surgery, osteopathic medicine and 35 -1- LSB 1791YC (3) 86 tr/nh 1/ 5

H.F. _____ surgery, and acupuncture and oriental medicine , the board of 1 medicine. 2 Sec. 4. Section 148E.1, Code 2015, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION . 1A. “Acupuncture needle” means a solid 5 core instrument including but not be limited to acupuncture 6 needles, dry-needling needles, dermal needles, intradermal 7 needles, press tacks, plum blossom needles, prismatic needles, 8 and disposable lancets. 9 NEW SUBSECTION . 1B. “Acupuncture point” means a specific 10 anatomical location on the human body that serves as a 11 treatment site for using acupuncture. 12 NEW SUBSECTION . 2A. “Ashi acupuncture point” means an 13 acupuncture point that is located according to tenderness upon 14 palpation. 15 NEW SUBSECTION . 3A. “Licensee” means a person holding a 16 license to practice acupuncture and oriental medicine granted 17 by the board pursuant to this chapter. 18 NEW SUBSECTION . 3B. “Meridians” means connected points 19 across the human anatomy that affect a specific organ or other 20 part of the body. 21 NEW SUBSECTION . 3C. “Oriental medicine” means the use of 22 any of the following: 23 a. Moxibustion, cupping, thermal methods, magnets, gua sha 24 scraping techniques, acupatches, herbal poultices, hot and cold 25 packs, electromagnetic wave therapy, light and color therapy, 26 sound therapy, or therapy lasers. 27 b. Massage, acupressure, reflexology, shiatsu and tui na 28 massage, or manual stimulation, including stimulation by an 29 instrument or mechanical device that does not pierce the skin. 30 c. Herbal medicine and dietary supplements, including those 31 of plant, mineral, animal, and nutraceutical origin. 32 d. Lifestyle advice and counseling including but not limited 33 to diet, exercise, meditation, breathing techniques, mind-body 34 techniques, and spiritual guidance. 35 -2- LSB 1791YC (3) 86 tr/nh 2/ 5

H.F. _____ e. Any other adjunctive service or procedure that is 1 clinically appropriate based on the licensee’s training 2 as approved by the national certification commission for 3 acupuncture and oriental medicine or the accreditation 4 commission for acupuncture and oriental medicine. 5 Sec. 5. Section 148E.1, subsections 1, 2, and 4, Code 2015, 6 are amended to read as follows: 7 1. “Acupuncture” means a form of health care developed 8 from traditional and modern oriental medical concepts that 9 employs acupuncture, oriental medical diagnosis and treatment, 10 and adjunctive therapies and diagnostic techniques , for the 11 promotion, maintenance, and restoration of health , improvement 12 of bodily function, and the prevention of disease. 13 2. “Acupuncturist” means a person who is engaged in the 14 practice of acupuncture and oriental medicine . 15 4. “Practice of acupuncture and oriental medicine ” means : 16 the insertion of acupuncture needles and the application of 17 moxibustion to specific areas of the human body based upon 18 oriental medical diagnosis as a primary mode of therapy. 19 Adjunctive therapies within the scope of acupuncture 20 may include manual, mechanical, thermal, electrical, and 21 electromagnetic treatment, and the recommendation of dietary 22 guidelines and therapeutic exercise based on traditional 23 oriental medicine concepts 24 a. The stimulation or piercing of the skin with an 25 acupuncture needle for any of the following purposes: 26 (1) To evoke a therapeutic physiological response, either 27 locally or distally to the area of insertion or stimulation . 28 (2) To relieve pain or treat the neuromusculoskeletal 29 system. 30 (3) To stimulate ashi points to relieve pain and 31 dysfunction. 32 (4) To promote, maintain, and restore health, improve 33 bodily function, and prevent disease. 34 (5) To control and regulate the flow and balance of energy 35 -3- LSB 1791YC (3) 86 tr/nh 3/ 5

H.F. _____ in the body according to the practice of acupuncture and 1 oriental medicine. 2 (6) To stimulate the body according to auricular, hand, 3 nose, face, foot, or scalp acupuncture therapy. 4 (7) To use acupuncture needles with or without the use of 5 herbs, electric current, or application of heat. 6 b. The use of oriental medicine. 7 Sec. 6. Section 148E.2, subsection 1, paragraph b, Code 8 2015, is amended to read as follows: 9 b. Successful completion of a three-year postsecondary 10 training program or acupuncture college program which is 11 accredited by, in candidacy for accreditation by, or which 12 meets the standards of the national accreditation commission 13 for schools and colleges of acupuncture and oriental medicine 14 accreditation commission for acupuncture and oriental medicine . 15 Sec. 7. Section 148E.3, Code 2015, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 3. A licensed professional utilizing 18 oriental medicine techniques as long as the licensed 19 professional acts within the professional’s lawful scope of 20 practice. 21 Sec. 8. Section 148E.6, subsection 7, Code 2015, is amended 22 by striking the subsection. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill expands the definition of acupuncture and adds 27 definitions related to the practice of acupuncture and oriental 28 medicine. The bill updates the name of the accreditation 29 organization for the practice of acupuncture and oriental 30 medicine. 31 Currently, an acupuncturist must provide notice to new 32 patients that a license to practice acupuncture does not 33 authorize an acupuncturist to practice medicine and surgery 34 and that the services of an acupuncturist must not be 35 -4- LSB 1791YC (3) 86 tr/nh 4/ 5

H.F. _____ regarded as diagnosis, treatment, opinion, or advice from a 1 physician. The bill eliminates that notice requirement. An 2 acupuncturist would still be required to provide notice of the 3 acupuncturist’s qualifications, licensure status, compliance 4 with the board’s rules, contact information, and fee schedule. 5 -5- LSB 1791YC (3) 86 tr/nh 5/ 5