DAR File No. 42338

Commerce, Occupational and Professional Licensing

Rule R156-72

Acupuncture Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 42338
Filed: 11/21/2017 02:51:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Acupuncture Licensing Board recommends these proposed amendments to clarify certain terms and ensure that the definitions in the Acupuncture Licensing Act Rule encompass existing acupuncture methods and techniques already practiced in the profession.

Summary of the rule or change:

In Subsection R156-72-102(1), the proposed amendments make minor formatting changes for clarification. Subsection R156-72-102(4) is a new subsection that clarifies the terms "herbs" and "homeopathics" used in Subsection 58-72-102(4)(b)(ii), by giving the following non-exclusive list of herbs and homeopathic substances that may be recommended, administered, or provided: vitamins, minerals, amino acids, proteins, and enzymes. Subsection R156-72-102(5) is amended to more clearly define "insertion of acupuncture needles" in the practice of acupuncture, by including "myofascial" trigger point therapy, "intramuscular therapy", and "proprioceptive stimulation". The changes in Subsection R156-72-102(6) clarify that the National Commission for the Certification of Acupuncture and Oriental Medicine (NCCAOM) was formerly known as the National Commission for the Certification of Acupuncturists. In Section R156-72-302a, the proposed amendment deletes the reference to NCCAOM's former name as it is now included in the definition under Subsection R156-72-102(6).

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, the proposed amendments will not cause any party to experience a cost or benefit, and will not change the price or quantity of any exchanges between any parties. As a result, this rule is not expected to impact the state, beyond a minimal cost to the Division of approximately $75 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:

These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, the proposed amendments will not cause any party to experience a cost or benefit, and will not change the price or quantity of any exchanges between any parties. As a result, this rule is not expected to impact local governments.

small businesses:

These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, the proposed amendments will not cause any party to experience a cost or benefit, and will not change the price or quantity of any exchanges between any parties. As a result, this rule is not expected to impact small businesses.

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

These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, the proposed amendments will not cause any party to experience a cost or benefit, and will not change the price or quantity of any exchanges between any parties. As a result, this rule is not expected to impact other persons.

Compliance costs for affected persons:

These proposed amendments only make minor formatting changes and clarifications to the existing rule and do not impose any additional compliance cost on any affected persons.

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

These proposed amendments only make minor formatting changes for clarification, and ensure that the definitions in the rule encompass existing acupuncture methods and techniques already practiced in the profession. Accordingly, these amendments will not cause any party to experience any cost or benefit, and will not change the price or quantity of any exchanges between any parties. These rule amendments are not expected to impact small or non-small businesses.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Larry Marx at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at lmarx@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:

01/16/2018

This rule may become effective on:

01/23/2018

Authorized by:

Mark Steinagel, Director

Appendix: Regulatory Impact Analysis for Small and Non-Small Businesses

	FY 2018	FY 2019	FY 2020
Fiscal Costs
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

The total fiscal costs is the sum of all the fiscal costs.

The total fiscal benefits is the sum of all the fiscal benefits.

The net fiscal benefits is total fiscal benefits minus total fiscal costs.

 

Small businesses: The proposed rule amendments are not expected to impact small businesses.

 

Non-small businesses: The proposed rule amendments are not expected to impact non-small businesses.

 

 

R156. Commerce, Occupational and Professional Licensing.

R156-72. Acupuncture Licensing Act Rule.

R156-72-102. Definitions.

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

(1)(a) "Administration", as used in Subsection 58-72-102(4)(b)(ii), means the direct application of an herb, homeopathic, or supplement to the body of a patient by:

(i) ingestion[,];

(ii) topical application;[,]

(iii) inhalation[,]; or

(iv) acupoint injection therapy (AIT)[, to the body of a patient].

(b) Administration does not include:

(i) venous injections[,];

(ii) immunizations[,];

(iii) legend drugs; or

(iv) [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(32) and (64).

(4) "Herbs" and "homeopathics", as used in Subsection 58-72-102(4)(b)(ii), may include:

(a) vitamins;

(b) minerals;

(c) amino acids;

(d) proteins; and

(e) enzymes.

([4]5) "Insertion of acupuncture needles" means a procedure of acupuncture and oriental medicine which includes [but is not limited to] myofascial trigger point therapy, intramuscular therapy, proprioceptive stimulation, Ahshi points , and dry needling techniques.

([5]6) "NCCAOM" means the National Commission for the Certification of Acupuncture and Oriental Medicine (formerly known as the National Commission for the Certification of Acupuncturists (NCCA).

([6]7) "Modern research" means practicing according to acupuncture and oriental medicine training as recognized through NCCAOM.

([7]8) "Provision", as used in Subsection 58-72-102(4)(b)(ii), includes procurement of the substances listed in Subsection 58-72-102(4)(b)(ii).

 

R156-72-302a. Qualifications for Licensure - Examination Requirements.

In accordance with Subsection 58-72-302(5), the examination requirement for licensure is a passing score as determined by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) on all examinations for certification by NCCAOM[, formerly National Commission for the Certification of Acupuncturists (NCCA),] in acupuncture or oriental medicine.

 

KEY: acupuncture, licensing

Date of Enactment or Last Substantive Amendment: [July 9, 2015]2018

Notice of Continuation: September 8, 2016

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