GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1209

Short Title:  Acupuncture License Required.	(Public)
─────────────────────────────────────── 
Sponsors: Representatives S. Thompson; and Bowman.
─────────────────────────────────────── 
Referred to:  Commerce.
─────────────────────────────────────── 

April 12, 1989

A BILL TO BE ENTITLED
AN ACT REGULATING THE PRACTICE OF ACUPUNCTURE.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 90 of the General Statutes is amended by adding a new Article to read:
“ARTICLE 25.
"Practice of Acupuncture.
"§ 90-345.  Purpose.
It is the purpose of this Article to promote the health, safety and welfare of the people of North Carolina by establishing an orderly system of acupuncture licensing and to provide a valid, effective means of establishing licensing requirements without undue financial burden to the people of North Carolina, through use of a national certifying board which has been established to certify the competency of acupuncturists.
"§ 90-346.  Definitions.
As used in this Article, unless the context requires otherwise:
(1)	‘Acupuncture' means a form of health care developed from traditional Chinese medical concepts that employs acupuncture diagnosis and treatment, and adjunctive therapies and diagnostic techniques, for the promotion, maintenance and restoration of health and the prevention of disease.
(2)	‘Board' means the Acupuncture Licensing Board.
(3)	‘Practice of acupuncture' means the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based upon acupuncture diagnosis as a primary mode of therapy.  Adjunctive therapies within the scope of acupuncture may include manual, mechanical, thermal, electrical and electro-magnetic treatment, and the recommendation of herbs, dietary guidelines and therapeutic exercise.
"§ 90-347.  Practice of acupuncture without license prohibited.
(a)	It is unlawful to practice acupuncture without a license issued pursuant to this Article.  This restriction does not apply, however, to a student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the Board.  It is also unlawful to advertise or otherwise represent oneself as qualified or authorized to practice acupuncture without having the license required by this Article.
(b)	Violation of subsection (a) is a misdemeanor punishable by imprisonment for up to two years, a fine, or both.
"§ 90-348.  Acupuncture Licensing Board.
(a)	The Acupuncture Licensing Board shall consist of five members, one appointed by the Governor and four by the General Assembly.  The four members appointed by the General Assembly must be licensed to practice acupuncture in this State.  The persons initially appointed to those positions need not be licensed at the time of selection, but must meet all the qualifications for a license.  The member appointed by the Governor must be a layperson who is not employed in a health care profession.
(b)	Of the members to be appointed by the General Assembly, two shall be appointed by the Speaker of the House of Representatives and two by the President Pro Tempore of the Senate.
(c)	The member appointed initially by the Governor shall serve a term ending on June 30, 1990.  Two of the members appointed initially by the General Assembly shall be designated to serve terms ending June 30, 1991, and two to serve terms ending June 30, 1992.  After the initial appointments, all members shall be appointed for terms of three years beginning on July 1.  No person may serve more than two consecutive full terms as a member of the Board.
(d)	At the Board's first meeting each year after the new members have been appointed, the members shall choose one member to chair the Board for the year and another to serve as secretary.  No person may chair the Board for more than five consecutive years.
(e)	The Board shall meet at least once each year within 45 days after the appointment of the new members.  The Board shall meet at other times as needed to perform its duties.
(f)	Members of the Board are entitled to compensation and to reimbursement for travel and subsistence as provided in G.S. 93B-5.
"§ 90-349.  Powers and duties of Board.
(a)	The Board is authorized to:
(1)	Issue, suspend and revoke licenses, collect fees, investigate violations of this Article, and otherwise administer the provisions of this Article.
(2)	Adopt rules to implement the provisions of this Article.
(3)	Establish requirements for and approve schools of acupuncture in this State, the requirements for which shall be at least as stringent as the core curricula standards of the National Council of Acupuncture Schools and Colleges.
(4)	Adopt rules requiring completion of continuing education for license renewal, if the Board determines that such rules are needed to satisfy the purposes of this Article.
(5)	Issue advisory opinions interpreting this Article.
(6)	Sue to enjoin violations of G.S. 90-347.  An injunction may be issued even though no person has yet been injured as a result of the unauthorized practice.
(7)	Adopt and use a seal to authenticate official documents of the Board.
(8)	Employ such personnel as may be needed to carry out its functions.
(b)	The State Auditor shall have audit oversight of the Board pursuant to Article 5A of Chapter 147 of the General Statutes.
"§ 90-350.  Qualifications for license; renewal.
(a)	Except as provided in subsections (b) and (c), to receive a license to practice acupuncture a person must:
(1)	Be currently certified as a Diplomate in Acupuncture by the National Commission for the Certification of Acupuncturists; or
(2)	Have five years clinical experience as a licensed acupuncturist and possess a current license or certificate to practice acupuncture in another jurisdiction which has provisions comparable to this Article.
(b)	If the Board determines that such action is justified by the number of prospective applicants, it may establish by rule that a license may be issued upon successful completion of an examination administered or approved by the Board after completion of a training program approved by the Board.
(c)	For 60 days after the appointment of all members of the initial Board, a license also may be issued to a person who has completed at least 500 acupuncture treatments per year for five years in North Carolina before the enactment of this Article, and has completed at least 500 hours of classroom instruction and at least 100 hours of supervised clinical instruction in acupuncture.
(d)	The license to practice acupuncture must be renewed every two years.  To renew a license, a person must continue to meet the requirements for issuance of an initial license.  A person whose initial license was based on subsection (a)(2) of this section, however, may be issued a renewal license even though the person no longer has a current license or certificate from another jurisdiction, if the only reason for loss of the license or certificate is a change in residency to North Carolina.
"§ 90-351.  Prohibited activities.
The Board may deny, suspend or revoke a license, require remedial education, or issue a letter of reprimand, if a licensed acupuncturist or applicant:
(1)	Engages in false or fraudulent conduct which demonstrates an unfitness to practice acupuncture, including:
a.	Misrepresentation in connection with an application for a license or an investigation by the Board; or
b.	Attempting to collect fees for services which were not performed; or
c.	False advertising, including guaranteeing that a cure will result from an acupuncture treatment; or
d.	Dividing, or agreeing to divide, a fee for acupuncture services with anyone for referring the patient.
(2)	Fails to exercise proper control over one's practice by:
a.	Aiding an unlicensed person in practicing acupuncture;
b.	Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or
c.	Failing to exercise proper control over unlicensed personnel working with the acupuncturist in the practice.
(3)	Fails to maintain records in a proper manner, by:
a.	Failing to keep written records describing the course of treatment for each patient; or
b.	Refusing to provide to a patient upon request records that have been prepared for or paid for by the patient; or
c.	Revealing personally identifiable information about a patient, without consent, unless otherwise allowed by law.
(4)	Fails to exercise proper care for a patient, including:
a.	Abandoning or neglecting a patient without making reasonable arrangements for the continuation of care; or
b.	Exercising, or attempting to exercise, undue influence within the acupuncturist/patient relationship by making sexual advances or requests for sexual activity, or making submission to such conduct a condition of treatment.
(5)	Displays habitual intemperance or substance abuse to such a degree as to interfere with the ability to provide effective treatment.
(6)	Is convicted or pleads guilty or no contest to any crime which demonstrates an unfitness to practice acupuncture.
(7)	Negligently fails to practice acupuncture with the level of skill recognized within the profession as acceptable under such circumstances.
(8)	Willfully violates any provision of this Article or rule of the Board.
(9)	Has had a license denied, suspended or revoked in another jurisdiction for any reason which would be grounds for such action in this State.
"§ 90-352.  Fees.
The Board may charge fees not to exceed:
(1)	Five hundred dollars ($500.00) for the issuance of an initial license.
(2)	Three hundred dollars ($300.00) for renewal of a license.
"§ 90-353.  Use of titles and display of license.
(a)	The titles ‘Licensed Acupuncturist' and ‘Acupuncturist' may be used by, and only by, persons licensed under this Article.  Possession of a license under this Article does not by itself entitle a person to identify himself or herself as a doctor or physician.
(b)	Each person licensed to practice acupuncture shall post the license in a conspicuous location at the person's place of practice."
Sec. 2.  G.S. 58-260 reads as rewritten:
"§ 58-260. Discrimination forbidden; right to choose services of optometrist, podiatrist, dentist, chiropractor, or acupuncturist.
Discrimination between individuals of the same class in the amount of premiums or rates charged for any policy of insurance covered by this Subchapter, or in the benefits payable thereon, or in any of the terms or conditions of such policy, or in any other manner whatsoever, is prohibited.
Whenever any policy of insurance governed by this Chapter provides  for payment of or reimbursement for any service which is within the scope of practice of a duly licensed optometrist, or duly licensed podiatrist, or a duly licensed dentist, or duly licensed chiropractor, or a duly licensed acupuncturist, or duly licensed practicing psychologist, the insured or other persons entitled to benefits under such policy shall be entitled to payment of or reimbursement for such services, whether such services be performed by a duly licensed physician or a duly licensed optometrist, or a duly licensed podiatrist, or a duly licensed dentist or a duly licensed chiropractor, or a duly licensed acupuncturist or a duly licensed practicing psychologist, notwithstanding any provision contained in such policy. Whenever any policy of insurance governed by this Chapter provides for certification of disability which is within the scope of practice of a duly licensed physician, or a duly licensed optometrist, or a duly licensed podiatrist, or a duly licensed dentist, or a duly licensed chiropractor, or a duly licensed acupuncturist, or a duly licensed practicing psychologist, the insured or other persons entitled to benefits under such policy shall be entitled to payment of or reimbursement for such disability whether such disability be certified by a duly licensed physician, or a duly licensed optometrist, or a duly licensed podiatrist, or a duly licensed dentist, or a duly licensed chiropractor, or a duly licensed acupuncturist, or a duly licensed practicing psychologist, notwithstanding any provisions contained in such policy. The policyholder, insured, or beneficiary shall have the right to choose the provider of such services notwithstanding any provision to the contrary in any other statute.
For the purposes of this section, a ‘duly licensed practicing psychologist' shall be defined to only include a psychologist who is duly licensed or certified in the State of North Carolina and has a doctorate degree in psychology and at least two years clinical experience in a recognized health setting, or has met the standards of the National Register of Health Providers in Psychology."
Sec. 3.  This act shall become effective October 1, 1989.