PRINTER'SH1490B2162A04909 AJB:CDM 06/10/24 #90 A04909 AMENDMENTS TO HOUSE BILL NO.

16961490 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1490SENATOR 2023STEFANO INTRODUCEDPrinter's BYNo. GALLAGHER, HILL-EVANS, MADDEN, SCHLOSSBERG, CERRATO, BRENNAN, SANCHEZ, McNEILL, NEILSON, MULLINS AND GREEN, JUNE 22, 2023 REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 22, 2023 AN ACT Amending the act of February 14, 1986 (P.L.2, No.2), entitled "An act regulating the right to practice acupuncture;

requiring2162 Amend Bill, page 5, line 12, by striking out the licensureperiod after "PERIOD" and inserting as part of acupuncturists;the licensed physician's continuing education requirement under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act.

and2024/90AJB/HB1490A04909 providing- a1 penalty,"- further providing for definitions, for regulation approval of acupuncture educational programs.

and for The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.

Section 2 of the act of February 14, 1986 (P.L.2, No.2), known as the Acupuncture Licensure Act, is amended by adding definitions to read:

Section 2.

Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

* * * "East Asian herbology." The use of herbal preparations and products that contain as active ingredients parts of plants, minerals and other organic materials or a combination of these items administered according to East Asian medicine tradition to normalize function.

"Herbal therapy." The application of East Asian herbology to the treatment of acupuncture patients.

"Practitioner of Oriental medicine." An acupuncturist who is registered by the board to use herbal therapy.

Section 2.

Section 3(h) of the act is amended and the section is amended by adding subsections to read:

Section 3.

Regulation of the practice of acupuncture.

* * * (h) [Section not applicable to dentists, podiatrists and veterinarians] Exemptions from licensure.--This section shall not apply to [a]:

(1) A dentist performing acupuncture in connection with the practice of dentistry, a podiatrist performing acupuncture in connection with the practice of podiatry or a veterinarian performing acupuncture on animals in connection with the practice of veterinary medicine.

The State Board of Dentistry with regard to dentists, the State Board of Podiatry with regard to podiatrists and the State Board of Veterinary Medical Examiners with regard to veterinarians shall assure that licensees of that board who perform acupuncture have what that board determines to be the proper education or demonstrated experience in the performance of acupuncture.

(2) An individual who holds a current license, certificate, registration or permit to practice acupuncture from another state, territory or country and seeks to practice acupuncture in this Commonwealth for the limited purpose of attending a continuing education acupuncture 20230HB1490PN1696 - 2 - course in this Commonwealth.

(i) Oriental medicine.-- (1) An acupuncturist may practice Oriental medicine if the acupuncturist is registered with the board as a practitioner of Oriental medicine.

(2) An individual may not hold oneself out to be a practitioner of Oriental medicine unless the individual complies with paragraph (1).

(j) Emergency.--The board shall have the power to allow an individual who holds a current license as an acupuncturist or practitioner of Oriental medicine in another state, the District of Columbia or a territory of the United States or who has obtained national certification to practice acupuncture or Oriental medicine in this Commonwealth for no more than 60 days as part of a relief effort related to a state of emergency declared by the Federal Government or the Governor.

(k) Identification.-- (1) Except as provided under paragraph (2), an acupuncturist shall wear a tag or badge with lettering clearly visible to the patient bearing the acupuncturist's name and the title "acupuncturist." (2) An individual who is a practitioner of Oriental medicine shall wear a tag or badge with lettering clearly visible to the patient bearing the individual's name and the title "practitioner of Oriental medicine." Section 3.

Sections 5(a) and 6.1 of the act are amended to read:

Section 5.

Penalties.

(a) Licensure.-- (1) Except as provided for in section 3(e), (h)(1) and 20230HB1490PN1696 - 3 - (j), unless an individual is licensed as an acupuncturist by the board, it shall be unlawful for an individual to:

(i) hold oneself out to be an acupuncturist or a practitioner of acupuncture;

or (ii) practice acupuncture in this Commonwealth [unless the individual is licensed as an acupuncturist by one of the boards].

(2) An individual willfully violating the provisions of this act shall be guilty of a misdemeanor of the third degree.

* * * Section 6.1.

[Approval of acupuncture] Acupuncture educational programs.

(a) Approval.--The Department of Education of the Commonwealth shall approve any acupuncture educational program that meets the relevant and appropriate requirements of 22 Pa.

Code (relating to education) and 24 Pa.C.S.

Ch.

65 (relating to private colleges, universities and seminaries) and that meets or exceeds the standards required for acupuncture or oriental medicine programs established by an accrediting agency recognized by the United States Department of Education.

(b) Continuing education.-- (1) Acupuncturists must attend and complete 30 hours of mandatory continuing education during each two-year license period.