DAR File No. 38165

Commerce, Occupational and Professional Licensing

Rule R156-72

Acupuncture Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38165
Filed: 12/03/2013 03:25:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Acupuncture Licensing Board are proposing amendments to implement and more clearly define the provisions of S.B. 101 which was passed during the 2012 General Legislative Session.

Summary of the rule or change:

In Section R156-72-102, adds necessary definitions, as specified in S.B. 101, "administering" and "modern research". Additionally, amendments define controlled substance, legend drug, and clarify that the insertion of acupuncture needles includes but is not limited to trigger point therapy, Ahshi points, and dry needling techniques; and defines NCCAOM as the National Certification Commission for Acupuncture and Oriental Medicine. In Section R156-72-302d, unprofessional conduct definitions are added with respect to failing to obtain education and training recognized by NCCAOM if performing acupoint therapy injections and administering venous injections, immunizations, legend drugs, and controlled substances.

State statutory or constitutional authorization for this rule:

• Section 58-72-101
• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. The Division does not anticipate any additional costs or savings as a result of the proposed amendments beyond those previously considered by the Legislature in the passing of S.B. 101.

Compliance costs for affected persons:

The proposed amendments only apply to licensed acupuncturists and applicants for licensure in that classification. The Division does not anticipate any additional costs or savings as a result of the proposed amendments beyond those previously considered by the Legislature in the passing of S.B. 101.

Comments by the department head on the fiscal impact the rule may have on businesses:

As explained in the rule analysis, this filing establishes definitions for terms that were introduced into statute during the 2012 General Legislative Session (S.B. 101) and requires persons who practice acupuncture to understand and comply with recognized standards. No fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2014

Interested persons may attend a public hearing regarding this rule:

• 01/21/2014 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402 (fourth floor), Salt Lake City, UT

This rule may become effective on:

02/07/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-72. Acupuncture Licensing Act Rule.

R156-72-102. [Reserved.]Definitions.

[Reserved.]In addition to the definitions in Title 58, Chapters 1 and 72, as used in this rule:

(1) "Administration", as used in Subsection 58-72-102(4)(b)(ii), means the direct application of an herb, homeopathic, or supplement by ingestion, topical, inhalation, or acupoint injection therapy (AIT), to the body of a patient. Administration does not include: venous injections, immunizations, legend drugs and controlled substances.

(2) "Controlled substance" means a drug or substance as defined in Subsection 58-37-2(1)(f).

(3) "Legend drug" means a prescription drug as defined in Subsections 58-17b-102(30) and (61).

(4) "Insertion of acupuncture needles" means a procedure of acupuncture and oriental medicine which includes but is not limited to trigger point therapy, Ahshi points and dry needling techniques.

(5) "NCCAOM" means the National Commission for the Certification of Acupuncture and Oriental Medicine.

(6) "Modern research" means practicing according to acupuncture and oriental medicine training as recognized through NCCAOM.

 

R156-72-302d. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing to maintain office, instruments, equipment, appliances, and supplies in a safe and sanitary condition;

(2) failing as a licensee to maintain the professional development activity requirements, as required by the NCCAOM;

(3) failing to abide by and meet standards of the "Code of Ethics" set by NCCAOM, adopted on October 14, 2008, which are hereby incorporated by reference;[ and]

(4) failing to maintain medical records for a ten-year period;

(5) failing to obtain education and training recognized by NCCAOM if performing acupoint therapy injections; and

(6) administering venous injections, immunizations, legend drugs and controlled substances.

 

KEY: acupuncture, licensing

Date of Enactment or Last Substantive Amendment: [May 26, 2011]2014

Notice of Continuation: October 20, 2011

Authorizing, and Implemented or Interpreted Law: 58-72-101; 58-1-106(1)(a); 58-1-202(1)(a)