Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 814 - Acupuncture Act of Georgia; enact

Orrock, Nan (56th)	Hegstrom, June (66th)	West, Jack (101st)

Status Summary	HC:	H&E	SC:	H&HS	FR:	03/01/99	LA:	04/20/00	Signed by Governor

First Reader Summary

A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of practitioners of acupuncture; and for other purposes.

Code Sections - 43-34-60/ 43-34-61/ 43-34-62/ 43-34-63/ 43-34-64/ 43-34-65/ 43-34-66/ 43-34-67/ 43-34-68/ 43-34-69/ 43-34-70/ 43-34-71/ 43-34-72

HB 814                                              HB 814/AP 
 
      H. B. No. 814 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Orrock of the 56th, Hegstrom of the 
      66th and West of the 101st 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 34 of Title 43 of the Official Code of 
  1- 2  Georgia Annotated, relating to physicians, so as to provide 
  1- 3  for the licensing of persons to practice acupuncture and 
  1- 4  provide for powers of the Composite State Board of Medical 
  1- 5  Examiners with respect to such licensing; to provide for a 
  1- 6  short title, legislative findings, and definitions; to 
  1- 7  provide for an advisory committee and its composition, 
  1- 8  compensation, and duties; to provide for requirements for 
  1- 9  licensure; to provide for applications, licenses, and their 
  1-10  renewal; to provide for inactive status; to provide for 
  1-11  informed consent; to prohibit certain conduct and provide 
  1-12  sanctions therefor; to prohibit certain practices and 
  1-13  representations and provide for exceptions and penalties 
  1-14  relating thereto; to amend Code Section 43-9-16 of the 
  1-15  Official Code of Georgia Annotated, relating to the scope of 
  1-16  practice of chiropractic, so as to authorize certain 
  1-17  chiropractors to use acupuncture; to provide an effective 
  1-18  date; to repeal conflicting laws; and for other purposes. 
 
  1-19       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-20                           SECTION 1. 
 
  1-21  Chapter 34 of Title 43 of the Official Code of Georgia 
  1-22  Annotated, relating to physicians, is amended by adding a 
  1-23  new Article 3 to read as follows: 
 
 
 
  1-24    43-34-60. 
 
  1-25    This article shall be known and may be cited as the 
  1-26    'Acupuncture Act of Georgia.' 
 
  1-27    43-34-61. 
 
  1-28    The General Assembly finds and declares that the practice 
  1-29    of acupuncture in Georgia affects the public health, 
  1-30    safety, and welfare and that it is necessarily a proper 
  1-31    subject of regulation and control. 
 
 
 
                                 -1- 
 
 
 
  2- 1    43-34-62. 
 
  2- 2    As used in this article, the term: 
 
  2- 3      (1) 'Acupuncture' means a form of therapy developed from 
  2- 4      traditional and modern Oriental concepts for health care 
  2- 5      that employs Oriental medical  techniques, treatment, 
  2- 6      and adjunctive therapies for the promotion, maintenance, 
  2- 7      and restoration of health and the prevention of disease. 
 
  2- 8      (2) 'Auricular (ear) detoxification therapy' means the 
  2- 9      insertion of disposable acupuncture needles into the 
  2-10      five auricular acupuncture points stipulated by the 
  2-11      National Acupuncture Detoxification Association protocol 
  2-12      for the sole purpose of treatment of chemical 
  2-13      dependency. 
 
  2-14      (3) 'Board' means the Composite State Board of Medical 
  2-15      Examiners created by Code Section 43-34-21. 
 
  2-16      (4) 'Practice of acupuncture' means the insertion of 
  2-17      disposable acupuncture needles and the application of 
  2-18      moxibustion to specific areas of the human body based 
  2-19      upon Oriental medical principles as a therapeutic 
  2-20      modality. Adjunctive therapies within the scope of 
  2-21      acupuncture may include manual, mechanical, herbal, 
  2-22      thermal, electrical, and electromagnetic treatment and 
  2-23      the recommendation of dietary guidelines and exercise, 
  2-24      but only if such treatments, recommendations, and 
  2-25      exercises are based on concepts of traditional Oriental 
  2-26      medicine and are directly related to acupuncture 
  2-27      therapy. 
 
  2-28    43-34-63. 
 
  2-29    The board, in consultation with the advisory committee, 
  2-30    shall have the power and responsibility to: 
 
  2-31      (1) Determine the qualifications and fitness of 
  2-32      applicants for licensure and renewal of licensure; 
 
  2-33      (2) Adopt and revise rules consistent with the laws of 
  2-34      this state that are necessary to conduct its business, 
  2-35      carry out its duties, and administer this article; 
 
  2-36      (3) Examine for, approve, issue, deny, revoke, suspend, 
  2-37      and renew the licenses of acupuncture applicants and 
  2-38      licensed acupuncturists under this article and conduct 
  2-39      hearings in connection with these actions; 
 
 
 
 
                                 -2- 
 
 
 
  3- 1      (4) Conduct hearings on complaints concerning violations 
  3- 2      of this article and the rules adopted under this article 
  3- 3      and cause the prosecution and enjoinder of the 
  3- 4      violations; 
 
  3- 5      (5) Establish application, examination, and licensure 
  3- 6      fees; 
 
  3- 7      (6) Request and receive the assistance of state 
  3- 8      educational institutions or other state agencies and 
  3- 9      prepare information of consumer interest describing the 
  3-10      regulatory functions of the board and the procedures by 
  3-11      which consumer complaints are filed with and resolved by 
  3-12      the board.  The board shall make the information 
  3-13      available to the public and appropriate state agencies; 
  3-14      and 
 
  3-15      (7) Establish continuing education requirements. 
 
  3-16    43-34-64. 
 
  3-17    (a) Except as otherwise provided in subsection (b) of this 
  3-18    Code section, each applicant for a license to practice 
  3-19    acupuncture shall meet the following requirements: 
 
  3-20      (1) Be at least 21 years of age; 
 
  3-21      (2) Submit a completed application required by the 
  3-22      board; 
 
  3-23      (3) Submit any fees required by the board; 
 
  3-24      (4) Be certified in acupuncture by a national 
  3-25      certification agency accredited by the National 
  3-26      Organization of Competency Assurance and approved by the 
  3-27      board; 
 
  3-28      (5) Have successfully completed a nationally recognized 
  3-29      clean needle technique course approved by the board; and 
 
  3-30      (6) Have obtained professional liability insurance in 
  3-31      the amount of at least $100,000.00/$300,000.00. 
 
  3-32    (b) An applicant for a license to practice acupuncture who 
  3-33    does not meet the requirement of paragraph (4) of 
  3-34    subsection (a) of this Code section but who does meet the 
  3-35    requirements of paragraphs (1), (2), (3), (5), and (6) of 
  3-36    subsection (a) of this Code section and who, in addition, 
  3-37    meets the following requirements may also be eligible for 
  3-38    a license to practice acupuncture: 
 
 
 
 
                                 -3- 
 
 
 
  4- 1      (1) Have a minimum of 1,000 hours of training and 
  4- 2      experience in acupuncture and have registered a business 
  4- 3      in this state, with the expressed purpose of performing 
  4- 4      acupuncture, for at least three of the last five years; 
  4- 5      or have a minimum of 2,500 hours of training and 
  4- 6      experience in acupuncture and have registered a business 
  4- 7      in this state, with the expressed purpose of performing 
  4- 8      acupuncture, at least one of the last five years; and 
 
  4- 9      (2) Successfully pass written and practical tests 
  4-10      administered by a national certification agency 
  4-11      accredited by the National Organization of Competency 
  4-12      Assurance pursuant to a contract entered into by the 
  4-13      appropriate state agency as provided by the board. 
 
  4-14    This subsection shall be automatically repealed on July 
  4-15    15, 2001. 
 
  4-16    (c) Before any person licensed to practice acupuncture 
  4-17    under this article, who has less than one year of 
  4-18    postgraduate clinical experience, may practice on his or 
  4-19    her own, such person must engage in one year of active 
  4-20    practice under the supervision of a licensed acupuncturist 
  4-21    with a minimum of four years active licensed clinical 
  4-22    practice.  Such supervising acupuncturist may be licensed 
  4-23    in Georgia or any other state or country with licensing 
  4-24    requirements substantially equal to Georgia's licensing 
  4-25    requirements and may accumulate the required four years of 
  4-26    active licensed clinical practice in any combination of 
  4-27    states so long as the licensing requirements of such other 
  4-28    states or countries are substantially equal to Georgia's 
  4-29    licensing requirements. 
 
  4-30    (d) Each applicant for a license to perform auricular 
  4-31    (ear) detoxification therapy shall meet the following 
  4-32    requirements: 
 
  4-33      (1) Be at least 21 years of age; 
 
  4-34      (2) Submit a completed application required by the 
  4-35      board; 
 
  4-36      (3) Submit any fees required by the board; 
 
  4-37      (4) Have successfully completed a nationally recognized 
  4-38      training program in auricular (ear) detoxification 
  4-39      therapy for the treatment of chemical dependency as 
  4-40      approved by the board; and 
 
 
 
 
                                 -4- 
 
 
 
  5- 1      (5) Have successfully completed a nationally recognized 
  5- 2      clean needle technique course approved by the board. 
 
  5- 3    (e) The practice of auricular (ear) detoxification therapy 
  5- 4    may take place in a city, county, state, federal, or 
  5- 5    private chemical dependency program approved by the board 
  5- 6    under the direct supervision of a licensed acupuncturist 
  5- 7    or a person authorized to practice acupuncture by the 
  5- 8    board who is also authorized to practice medicine under 
  5- 9    Article 2 of this chapter. 
 
  5-10    43-34-65. 
 
  5-11    After evaluation of an application and other evidence 
  5-12    submitted by an applicant, the board shall notify such 
  5-13    applicant that the application and evidence submitted are 
  5-14    satisfactory and accepted or unsatisfactory and rejected. 
  5-15    If an application is rejected, the notice shall state the 
  5-16    reasons for rejection. 
 
  5-17    43-34-66. 
 
  5-18    (a) Any document evidencing licensure issued by the board 
  5-19    is the property of the board and must be surrendered on 
  5-20    demand. 
 
  5-21    (b) Every person who holds a license issued by the board 
  5-22    in accordance with this article and who is engaged in the 
  5-23    active practice of acupuncture shall display the document 
  5-24    evidencing licensure in an appropriate and public manner. 
 
  5-25    (c) Every person who holds a license issued by the board 
  5-26    shall inform the board of any change of address. 
 
  5-27    43-34-67. 
 
  5-28    (a) A license issued under this article shall be renewed 
  5-29    biennially if the person holding such license is not in 
  5-30    violation of this article at the time of application for 
  5-31    renewal and if the application fulfills current 
  5-32    requirements of continuing education as established by the 
  5-33    board. 
 
  5-34    (b) Each person licensed under this article is responsible 
  5-35    for renewing his or her license before the expiration 
  5-36    date. 
 
  5-37    (c) Under procedures and conditions established by the 
  5-38    board, a license holder may request that his or her 
  5-39    license be declared inactive.  The licensee may apply for 
 
 
 
 
                                 -5- 
 
 
 
  6- 1    active status at any time and, upon meeting the conditions 
  6- 2    set by the board, shall be declared active. 
 
  6- 3    43-34-68. 
 
  6- 4    (a) Any person who undergoes acupuncture must consent to 
  6- 5    such procedure and shall be informed in general terms of 
  6- 6    the following: 
 
  6- 7      (1) That the practice of acupuncture is based upon the 
  6- 8      Oriental arts and is completely distinct and different 
  6- 9      from traditional western medicine; 
 
  6-10      (2) That the acupuncturist cannot practice medicine, is 
  6-11      not making a medical diagnosis of the person's disease 
  6-12      or condition, and that such person should see a 
  6-13      physician if he or she wants to obtain a medical 
  6-14      diagnosis; and 
 
  6-15      (3) The nature and the purpose of the acupuncture 
  6-16      treatment. 
 
  6-17    (b) The board shall develop a standard informed consent 
  6-18    form to be used by persons licensed under this article. 
  6-19    Such informed consent form shall include the information 
  6-20    set forth in subsection (a) of this Code section as well 
  6-21    as any other and additional information the board deems 
  6-22    appropriate.  The information set forth in the informed 
  6-23    consent form shall be in language which is easy to read 
  6-24    and readily understandable to the consuming public. 
 
  6-25    43-34-69. 
 
  6-26    The board, in consultation with the advisory committee, 
  6-27    may impose any sanction authorized under subsection (d) of 
  6-28    Code Section 43-1-19 upon a finding of any conduct 
  6-29    specified in subsection (a) of Code Section 43-1-19 or a 
  6-30    finding that such conduct involved dividing or agreeing to 
  6-31    divide a fee for acupuncture services with any person who 
  6-32    refers a patient, notwithstanding that such board is not a 
  6-33    state examining board. 
 
  6-34    43-34-70. 
 
  6-35    The board shall appoint an acupuncture advisory committee. 
  6-36    The advisory committee shall be representative of a cross 
  6-37    section of the cultural backgrounds of the members of the 
  6-38    acupuncture profession licensed to practice acupuncture 
  6-39    under this article, persons licensed to practice medicine 
  6-40    under Article 2 of this chapter who are acupuncturists, 
  6-41    and such members as the board in its discretion may 
 
 
                                 -6- 
 
 
 
  7- 1    determine.  Members shall receive no compensation for 
  7- 2    service on the committee. The committee shall have such 
  7- 3    advisory duties and responsibilities as the board may 
  7- 4    determine.  The charter acupuncture advisory committee may 
  7- 5    include persons eligible for licensing under this article. 
  7- 6    Subsequent acupuncture advisory committee members must be 
  7- 7    licensed pursuant to this article. 
 
  7- 8    43-34-71. 
 
  7- 9    (a) Unless licensed under this article or exempted under 
  7-10    subsection (b) of this Code section, no person shall: 
 
  7-11      (1) Practice acupuncture or auricular (ear) 
  7-12      detoxification therapy; or 
 
  7-13      (2) Represent himself or herself to be an acupuncturist 
  7-14      or auricular (ear) detoxification specialist who is 
  7-15      licensed under this article. 
 
  7-16    (b) The prohibition in subsection (a) of this Code section 
  7-17    does not apply to: 
 
  7-18      (1) Any person licensed to practice medicine under 
  7-19      Article 2 of this chapter; 
 
  7-20      (2) The practice of acupuncture which is an integral 
  7-21      part of the program of study by students enrolled in an 
  7-22      acupuncture education program under the direct clinical 
  7-23      supervision of a licensed acupuncturist with at least 
  7-24      five years of clinical experience; or 
 
  7-25      (3) The practice of acupuncture by any person licensed 
  7-26      or certified to perform acupuncture in any other 
  7-27      jurisdiction where such person is doing so in the course 
  7-28      of regular instruction in an approved educational 
  7-29      program of acupuncture or in an educational seminar of 
  7-30      an approved professional organization of acupuncture, 
  7-31      provided that in the latter case the practice is 
  7-32      supervised directly by a person licensed to practice 
  7-33      acupuncture pursuant to this article or an acupuncturist 
  7-34      who is licensed to practice medicine under Article 2 of 
  7-35      this chapter. 
 
  7-36    (c) Any person violating subsection (a) of this Code 
  7-37    section or Code Section 43-34-73 shall, upon conviction 
  7-38    thereof, be guilty of a misdemeanor. 
 
 
 
 
 
 
                                 -7- 
 
 
 
  8- 1    43-34-72. 
 
  8- 2    (a) The titles 'Licensed Acupuncturist' (L. Ac.) and 
  8- 3    'Acupuncturist' may only be used by persons licensed under 
  8- 4    this article. 
 
  8- 5    (b) The title 'Auricular Detoxification Specialist' (ADS) 
  8- 6    may only be used by persons licensed to practice auricular 
  8- 7    (ear) detoxification therapy under this article. 
  8- 8    Possession of a license as an ADS does not by itself 
  8- 9    entitle a person to identify himself or herself as an 
  8-10    acupuncturist.  An auricular (ear) detoxification 
  8-11    specialist is strictly limited to five ear points' 
  8-12    treatment for detoxification for substance abuse, chemical 
  8-13    dependency, or both. 
 
  8-14    (c) No person licensed under this article may advertise or 
  8-15    hold himself or herself out to the public as being 
  8-16    authorized to practice medicine under Article 2 of this 
  8-17    chapter." 
 
  8-18                          SECTION 1.1. 
 
  8-19  Code Section 43-9-16 of the Official Code of Georgia 
  8-20  Annotated, relating to the scope of practice of 
  8-21  chiropractic, is amended by striking subsection (f) thereof 
  8-22  and inserting in its place the following: 
 
  8-23    "(f) Chiropractors shall not use venipuncture, capillary 
  8-24    puncture, acupuncture, or any other technique which is 
  8-25    invasive of the human body either by penetrating the skin 
  8-26    or through any of the orifices of the body or through the 
  8-27    use of colonics. Nothing in this subsection shall be 
  8-28    construed to prohibit a chiropractor who is licensed to 
  8-29    perform acupuncture under Article 3 of Chapter 34 of this 
  8-30    title from engaging in the practice of acupuncture." 
 
  8-31                           SECTION 2. 
 
  8-32  This Act shall become effective on July 31, 2000. 
 
  8-33                           SECTION 3. 
 
  8-34  All laws and parts of laws in conflict with this Act are 
  8-35  repealed. 
 
 
 
 
 
 
 
 
                                 -8-