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H. 4945
STATUS INFORMATION
General Bill
Sponsors: Rep. Ott
Document Path: l:\council\bills\nbd\12383ac06.doc
Introduced in the House on April 4, 2006
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: Auricular acupuncturist
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/4/2006 House Introduced and read first time HJ-5
4/4/2006 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 40-47-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE ACUPUNCTURE ACT OF SOUTH CAROLINA SO AS TO REVISE THE DEFINITION OF AURICULAR THERAPY AND TO DEFINE AURICULAR ACUPUNCTURE; TO AMEND SECTION 40-47-715, RELATING TO POWERS AND DUTIES OF THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO INCLUDE REGULATION OF AURICULAR ACUPUNCTURISTS IN THE POWERS OF THE COMMITTEE; TO ADD SECTIONS 40-47-732 AND 40-47-752 SO AS TO PROVIDE LICENSURE REQUIREMENTS AND SCOPE OF PRACTICE LIMITATIONS, RESPECTIVELY, FOR AURICULAR ACUPUNCTURISTS; TO AMEND SECTIONS 40-47-740, 40-47-745, 40-47-750, 40-47-765, 40-47-780, 40-47-800, AND 40-47-810, ALL RELATING TO THE LICENSURE AND REGULATION OF ACUPUNCTURISTS, AURICULAR THERAPISTS, AND AURICULAR DETOXIFICATION SPECIALISTS, SO AS TO ALSO PROVIDE FOR THE LICENSURE AND REGULATION OF AURICULAR ACUPUNCTURISTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-47-705(8) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(8) 'Auricular therapy' means the insertion of disposable needles into and limited only to the ear, to treat a limited number of conditions a noninvasive form of electrical stimulation to the external ear for the relief of pain and addictive behaviors."
SECTION 2. Section 40-47-705(9) of the 1976 Code, as added by Act 10 of 2005, is amended by adding at the end:
"(9) 'Auricular acupuncture' means the insertion of disposable sterile acupuncture needles into, and limited only to, the ear."
SECTION 3. Section 40-47-715(A)(2) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(2) recommend requirements to the board for continuing professional education for acupuncturists, auricular therapists, auricular acupuncturists, and auricular detoxification specialists to the board;"
SECTION 4. Section 40-47-715(B)(3) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(3) determine the qualifications and make recommendations regarding the issuance of licenses to qualified acupuncturists, auricular therapists, auricular acupuncturists, and auricular detoxification specialists;"
SECTION 5. Article 6, Chapter 47, Title 40 of the 1976 Code is amended by adding:
"Section 40-47-732. (A) An applicant for a license to perform auricular acupuncture:
(1) must be twenty-one years of age;
(2) shall submit a completed application as prescribed by the board;
(3) shall submit fees as provided for in Section 40-47-800;
(4) hold an active certification in acupuncture by the Auriculotherapy Certification Institute;
(5) shall have successfully completed a clean needle technique course approved by the board.
(B) The application must be complete in every detail before it may be approved. When the administrative staff of the board has reviewed the entire application for completeness and correctness, has found the applicant eligible, and the applicant has appeared before the committee or a designated board member, a temporary license may be issued. At the next committee meeting the entire application must be considered, and if qualified, the committee may recommend to the board that a permanent license be issued. If the committee declines to recommend issuance of a permanent license, the committee may extend or withdraw the temporary license."
SECTION 6. Section 40-47-740(A) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(A) An auricular therapist, auricular acupuncturist, or an auricular detoxification specialist who is currently approved by the board to practice in this State, who has remained in good standing, and who has successfully completed a nationally recognized clean needle technique course approved by the board must receive initial licensure under this article after submitting:
(1) a completed application as prescribed by the board;
(2) fees as provided for in Section 40-47-800."
SECTION 7. Section 40-47-745(A) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(A) It is unlawful for a person not licensed under this article to hold himself out as an acupuncturist, auricular therapist, auricular acupuncturist, or auricular detoxification specialist. The titles 'Licensed Acupuncturist' (L.Ac.) and 'Acupuncturist' may only be used by a person licensed to practice acupuncture pursuant to this article. Further, a person licensed to practice auricular therapy, auricular acupuncture, or auricular detoxification may not practice acupuncture or hold himself out as an acupuncturist. The title 'Auricular Detoxification Specialist' (ADS) may only be used by a person licensed to practice auricular detoxification therapy pursuant to this article. Possession of a license as an auricular therapist, auricular acupuncturist, or an auricular detoxification specialist does not, by itself, entitle a person to identify himself or herself as an acupuncturist. A person who holds himself out as an acupuncturist, auricular therapist, auricular acupuncturist, or auricular detoxification specialist without being licensed pursuant to this article, during a period of suspension, or after his or her license has been revoked by the board is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned not more than ninety days, or both."
SECTION 8. Section 40-47-750 of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"Section 40-47-750. Auricular therapy may take place under the supervision of a licensed acupuncturist or a person licensed to practice medicine under this chapter. A treatment by an auricular therapist is strictly limited to inserting needles into the ear. Inserting needles anywhere else on the body is considered practicing acupuncture without a license a noninvasive form of electrical stimulation to the external ear."
SECTION 9. Article 6, Chapter 47, Title 40 of the 1976 Code is amended by adding:
"Section 40-47-752. Treatment by an auricular acupuncturist is strictly limited to inserting needles into the ear. Inserting needles anywhere else on the body is considered practicing full body acupuncture without a license."
SECTION 10. Section 40-47-765(13) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(13) continues to provide acupuncture, auricular detoxification therapy, or auricular therapy services to any patient who the licensee treats at least one time per month for three consecutive months, and has not demonstrated clinical improvement, unless the licensee provides the patient with written notice, on or before the expiration of the third month, that the patient may need to seek a medical diagnosis from a licensed medical doctor or dentist before continuing with acupuncture, auricular detoxification therapy, or auricular therapy, or auricular acupuncture services, unless the patient was referred to the licensee by a licensed medical doctor or dentist."
SECTION 11. Section 40-47-780 of the 1976 Code, as added by Act 10 of 2005, is amended by adding at the end:
"(C) An auricular acupuncture license issued pursuant to this article must be renewed biennially if the person holding the license:
(1) submits a completed license renewal application prescribed by the board;
(2) submits the applicable fees provided for in Section 40-47-800;
(3) is not in violation of this article or any regulation promulgated pursuant to this article at the time of application for renewal;
(4) fulfills requirements for continuing education and professional development as prescribed by the board in regulation;
(5) remains actively certified by the Auriculotherapy Certification Institute."
SECTION 12. Section 40-47-800 of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"Section 40-47-800. Fees for acupuncturist, auricular therapist, auricular acupuncturist, and auricular detoxification specialist licensure must be established and adjusted biennially in accordance with Section 40-1-50(D) to ensure that they are sufficient but not excessive to cover expenses including the total of the direct and indirect costs to the State for the operations of the committee:
(1) initial licensing fee;
(2) renewal of license fee;
(3) late renewal fee;
(4) reactivation application fee."
SECTION 13. Section 40-47-810 of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"Section 40-47-810. Nothing in this article may be construed to require third party reimbursement directly to an acupuncturist, auricular therapist, auricular acupuncturist, or auricular detoxification specialist for services rendered."
SECTION 14. This act takes effect upon approval by the Governor.
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