CHAPTER 213
SB 282 - FINAL VERSION
02/03/2022 0080s
4May2022... 1596h
2022 SESSION
22-2880
11/04
SENATE BILL 282
SPONSORS: Sen. Reagan, Dist 17; Sen. Avard, Dist 12; Sen. French, Dist 7; Sen. Gannon, Dist 23; Sen. Carson, Dist 14; Sen. Watters, Dist 4; Sen. Giuda, Dist 2; Rep. Spillane, Rock. 2; Rep. McGuire, Merr. 29
COMMITTEE: Health and Human Services
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill allows certain persons licensed by the board of acupuncture licensing who are doctors of acupuncture to use that title. The bill limits board of acupuncture licensing members to 2 consecutive full terms. The bill also provides for alternative certification for licensure or renewal and modifies a definition of general supervision of an acupuncture detoxification specialist.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/03/2022 0080s
4May2022... 1596h 22-2880
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
213:1 Acupuncture; Titles for Licensees. Amend RSA 328-G:9, V to read as follows:
V.(a) Whoever, not being licensed or exempted as provided in this chapter, shall advertise oneself or in any way hold oneself out as qualified to practice acupuncture, or shall practice acupuncture, or whoever does so after receiving notice that one's license has been revoked, and whoever, being licensed as provided in this chapter, shall advertise or call oneself or allow oneself to be advertised or called a physician or a doctor in such a way as to imply that such credential relates to the provision of acupuncture services, or use any physician's or doctor's insignia for such purposes shall be in violation of this chapter.
(b) Notwithstanding subparagraph (a), the only persons licensed under this chapter that shall be allowed to call themselves a doctor shall be those who have earned a doctoral degree in the practice of acupuncture from an accredited educational institution or other program approved by the board pursuant to administrative rules.
213:2 Board of Acupuncture Licensing; Qualification. Amend RSA 328-G:3, I(a)(1) to read as follows:
(1) [Be NCCAOM certified and] Hold a current, valid license to practice acupuncture [in another state in which licensure requirements are substantially equivalent to, or higher than, those of this state, in the case of the initial board appointees, and a current, valid license to practice] under this chapter[, in the case of subsequent board appointees].
213:3 Board of Acupuncture Licensing; Terms. Amend RSA 328-G:3, III to read as follows:
III. The terms of office shall be 3 years for all board members. No member shall serve more than 2 consecutive full terms. Members shall serve until the expiration of the term for which they have been appointed, or until their successors have been appointed and qualified, whichever is later. The initial board appointees shall consist of one acupuncturist for a term of 3 years, one acupuncturist for a term of 2 years, 2 acupuncturists for a term of one year each, and one public member for a term of 3 years. A member may be removed from office by the governor and council for malfeasance, misfeasance, or dishonorable conduct.
213:4 License Issuance; Certification. RSA 328-G:9, II is repealed and reenacted to read as follows:
II. The board shall issue a license to any applicant who satisfies all of the following requirements:
(a) Has reached the age of majority.
(b) Has current, active NCCAOM certification, or prior NCCAOM certification with documentation of continuing education pursuant to paragraph X of this section, or equivalent certification approved by the board through examination or Credentials Documentation Review.
(c) Has paid the required license application fee and filed the board approved licensure application.
(d) Is of good professional character.
(e)(1) Has earned a baccalaureate, registered nurse, or physician's assistant degree from an accredited institution, and has a current, valid license to practice acupuncture from another state whose requirements are substantially equal to or exceed the requirements of RSA 328-G:9, II; or
(2) Has successfully completed a post-secondary acupuncture college program which is approved by the Accreditation Commission for Acupuncture and Herbal Medicine ("ACAHM"), including its successors or predecessors, or the board; or
(3) Has successfully completed an apprenticeship program that, at the time of completion, was in compliance with certification standards set by NCCAOM, including its successors or predecessors. All applicants seeking licensure via apprenticeship route who have not graduated from an accredited acupuncture school must be able to meet all NCCAOM standards for certification or hold a valid license to practice acupuncture from another state whose requirements are substantially similar to or exceed the requirements of RSA 328-G:9, II.
213:5 License Renewal; Continuing Education. RSA 328-G:9, X is repealed and reenacted to read as follows:
X. As a condition of renewal of license, the board shall require each licensee to show proof of having completed for each biennial period continuing education units at approved institutions or as approved by the board in accordance with rules adopted by the board. Maintaining continuous NCCAOM certification shall fulfill the continuing education requirement.
213:6 Acupuncture Detoxification Specialist; General Supervision. Amend RSA 328-G:9-a, II(b) to read as follows:
(b) "General supervision" [includes, but is not limited to, being available by phone, or other electronic means during business hours, with at least 2 site visits by a licensed acupuncturist a year] shall be provided by site visit, phone, or other electronic means during business hours with at least 2 site visits per year by a licensed acupuncturist currently licensed in New Hampshire pursuant to RSA 328-G:9. The supervising licensed acupuncturist shall not be required to be on site for direction and supervision, but shall be available at least by telecommunications.
213:7 Acupuncture; Findings and Purpose; Definitions. Amend RSA 328-G:1 and RSA 328-G:2 to read as follows:
328-G:1 Findings and Purpose.
I. The general court finds that a significant number of New Hampshire residents choose acupuncture and [oriental] Asian medicine to be part of their health care needs and declares that acupuncture and [oriental] Asian medicine form a distinct health care profession that affects the public health, safety, and welfare and provides freedom of choice in health care.
II. The purpose of this chapter is:
(a) To provide standards for the licensing and regulation of acupuncturists in order to protect the public health, safety, and welfare.
(b) To ensure that acupuncture and [oriental] Asian medical therapies practiced by qualified persons are available to the people of New Hampshire.
(c) To provide a means of identifying qualified acupuncturists.
328-G:2 Definitions.
In this chapter:
I. "Acupuncture" means primarily the insertion of needles through the skin at certain points on the body, with or without the application of electric current and/or heat, for the purpose of promoting health and balance as defined by the principles of [oriental] Asian medicine.
II. "Acupuncturist" means a person licensed to practice acupuncture as defined in this chapter, and whose license is in good standing.
III. "Board" means the board of acupuncture licensing established under RSA 328-G:3.
IV. "Cupping" means a therapeutic method of [oriental] Asian medicine that utilizes a partial vacuum created in a glass dome or cup that is then applied to a particular area of the body.
V. "Moxibustion" means the thermal stimulation of acupuncture points or specific body areas by utilizing the burning of the dried form of the herb, Artemisia Vulgaris; the heat may be applied on or above specific points or areas or on the acupuncture needle itself.
VI. ["ACAOM"] "ACAHM" means the Accreditation Commission for Acupuncture and [Oriental] Herbal Medicine, including its predecessors and successors.
VII. "NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine, including its predecessors and successors.
VIII. "[Oriental] Asian medicine" means the distinct system of health care that diagnoses and treats illness, injury, pain, or other conditions by controlling and regulating the flow and balance of energy to restore and maintain health.
IX. "Acupuncture detoxification," also known as acu-detox, means the treatment by means of the insertion of acupuncture needles in a combination of points on the ear.
X. "Acupuncture detoxification specialist," known as an ADS, means an individual certified by the board to practice acupuncture detoxification in this state.
XI. "NADA" means the National Acupuncture Detoxification Association, including its predecessors and successors.
XII. "NADA training" means the standardized auricular acupuncture protocol developed by NADA that is in effect on July 1, 2017.
213:8 Acupuncture; Scope of Practice. Amend RSA 328-G:10, I to read as follows:
I. Under this chapter the scope of practice of acupuncture shall include the allied techniques and modalities of [oriental] Asian medicine, both traditional and modern. The scope of practice shall include: diagnostic procedures; electrical and magnetic stimulation; moxibustion and other forms of heat therapy; cupping and scraping techniques; dietary, nutritional, and herbal therapies; lifestyle counseling; acupressure; and massage.
213:9 Contingency. If HB 1192 of the 2022 regular legislative session becomes law, then this act shall take effect at 12:01 a.m. on the effective date of HB 1192. If HB 1192 does not become law, then sections 1-8 of this act shall take effect 60 days after passage of this act.
I. Sections 1-8 of this act shall take effect as provided in section 9 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: June 17, 2022
Effective Date:
I. Sections 1-8 shall take effect as provided in section 9
II. Remainder effective June 17, 2022