Relating to the licensing of acupuncturists.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section 1. For the purposes of sections 1 to 7 of this act, the following terms mean:

(1) "Acupuncture", the use of needles inserted into the body by piercing of the skin, and all other techniques of Oriental medicine, both traditional and modern, for the assessment, evaluation, diagnosis, prevention, treatment or correction of any abnormal physiology, pathological condition or pain by means of controlling and regulating the flow and balance of energy in the body so as to restore the body to its proper functioning and state of health. "Oriental medicine techniques" include, but are not limited to, manual, mechanical, electrical, electronic, bioelectrical, and biomagnetic treatment; applications of heat and cold; massage and body-work; cupping; the recommendation, administration and dispensing of herbs; nutritional and dietary advice based primarily on Oriental principles; therapeutic movement; breathing exercises; and lifestyle counseling;

(2) "Acupuncturist", any person licensed as provided in sections 1 to 7 of this act, to practice acupuncture as defined in subdivision (1) of this section;

(3) "Auricular detox treatment", a very limited procedure consisting of acupuncture needles inserted into specified points in the outer ear of a person undergoing treatment for drug or alcohol abuse or both drug and alcohol abuse. Such treatment shall take place in a hospital, clinic or treatment facility which provides comprehensive substance abuse services, including counseling, and maintains all licenses and certifications necessary and applicable;

(4) "Auricular detox technician", a person trained solely in, and who performs only, auricular detox treatment. An auricular detox technician shall practice under the supervision of a licensed acupuncturist;

(5) "Department", the Missouri department of economic development;

(6) "Division", the division of professional registration of the department of economic development;

(7) "Director", the director of the division of professional registration;

(8) "License", the document of authorization issued by the division for a person to engage in the practice of acupuncture.

Section 2. 1. Nothing in sections 1 to 7 of this act shall be construed to apply to physicians and surgeons licensed pursuant to sections 334.010 to 334.265, RSMo; except that, if such physician or surgeon uses the title, acupuncturist, then the provisions of sections 1 to 7 of this act shall apply.

2. Nothing in sections 1 to 7 of this act shall be construed to apply to any person engaged in the practice of chiropractic and licensed pursuant to chapter 331, RSMo, who is additionally certified in meridian therapy by an administrative rule promulgated pursuant to chapter 331, RSMo; except that, any such person who performs supervision of others practicing either acupuncture or auricular detox treatment or uses the title, acupuncturist or both practicing such treatment and uses such title, then the provisions of sections 1 to 7 of this act shall apply.

3. No license to practice acupuncture shall be required for any person who is an auricular detox technician, provided that such person performs only auricular detox treatments as defined in section 1 of this act, under the supervision of a licensed acupuncturist, and in accordance with regulations promulgated pursuant to sections 1 to 7 of this act by the division. An auricular detox technician may not insert acupuncture needles in any other points of the ear or body, or use any other techniques of oriental medicine, or use the title, acupuncturist.

Section 3. 1. It is unlawful for any person to practice acupuncture in this state, unless such person is:

(1) Licensed by the division;

(2) Engaged in a supervised course of study that has been approved by the division, and is designated and identified by a title that clearly indicates status as a trainee, and is under the supervision of a licensed acupuncturist; or

(3) An acupuncturist who is a resident of another state who is temporarily in the state of Missouri solely for the purpose of instructing acupuncturists, if the instructional setting is:

(a) Seminars or workshops, the acupuncturist may practice without being licensed pursuant to sections 1 to 7 of this act for a maximum of thirty calendar days per calendar year;

(b) An acupuncture college registered with and approved by the division, the acupuncturist may practice within the school setting for a maximum of two calendar years without being licensed pursuant to sections 1 to 7 of this act.

2. A person may be licensed to practice acupuncture in this state if the applicant:

(1) Is twenty-one years of age or older and meets one of the following requirements:

(a) Is actively certified as a Diplomate in Acupuncture by the National Commission for the Certification of Acupuncturists (NCCA); or

(b) Is currently licensed, certified or registered in a state or jurisdiction of the United States which has eligibility and examination requirements that are at least equivalent to those of the National Commission for the Certification of Acupuncturists, as determined by the division;

(2) Submits to the division an application on a form provided by the division; and

(3) Pays the fee specified by the division.

3. The division shall issue a certificate of licensure to each individual who satisfies the requirements of subsection 2 of this section, certifying that the holder is authorized to practice acupuncture in this state. The holder shall post the license in a conspicuous place in the holder's place of business.

4. The division may adopt regulations to implement the provisions of sections 1 to 7 of this act, including regulations establishing:

(1) Standards for the practice of acupuncture;

(2) Standards for educational institutions training acupuncturists. Such standards shall be in accordance with standards set by the Council of Colleges of Acupuncture and Oriental Medicine;

(3) Standards for continuing professional education;

(4) Standards for the training and practice of auricular detox technicians, including specific enumeration of points which may be used.

5. No rule or portion of a rule promulgated pursuant to the authority of sections 1 to 7 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

Section 4. 1. Licenses issued pursuant to sections 1 to 7 of this act shall expire on July first of each odd-numbered year. Renewal applications shall be submitted to the division along with a renewal fee, to be determined by the division.

2. Any person who fails to renew such person's license on or before the date of its expiration shall comply with the provisions of section 5 of this act before such person's license may be restored.

Section 5. Any acupuncturist who fails to renew such acupuncturist's license on or before the date of its expiration may restore such license as follows:

(1) If the application for renewal is submitted to the division not more than four years after the expiration of the applicant's last license, by payment of the fee specified by the division; or

(2) If the application for renewal is submitted to the division more than four years after the expiration of the applicant's last license, by payment of the fee specified by the division, and by reapplying as provided in subdivisions (1) and (2) of subsection 2 of section 3 of this act.

Section 6. Subject to rules promulgated pursuant to sections 1 to 7 of this act, the division may:

(1) Make investigations or conduct hearings to determine whether a violation of sections 1 to 7 of this act or any rule promulgated pursuant to sections 1 to 7 of this act has occurred;

(2) Reprimand an acupuncturist or deny, limit, suspend or revoke a license pursuant to the provisions of sections 1 to 7 of this act, if it finds that an acupuncturist has committed any of the following:

(a) Made a material misstatement in an application for license or renewal;

(b) While engaged in the practice of acupuncture, evidenced a lack of knowledge or ability to apply professional skills;

(c) Has been convicted of an offense which occurred during, or as a result of, the practice of acupuncture;

(d) Advertised in a manner which is false, deceptive or misleading;

(e) Practiced acupuncture while the individual's ability to practice was impaired by alcohol or other drugs.

Section 7. 1. Any person who violates any provision of sections 1 to 7 of this act is guilty of a class B misdemeanor.

2. All fees or other compensation received for services which are rendered in violation of sections 1 to 7 of this act shall be refunded.

3. The department on behalf of the division may sue in its own name in any court in this state to enforce the provisions of sections 1 to 7 of this act. The department shall investigate any alleged violations of sections 1 to 7 of this act, may institute actions for penalties provided in this section and shall enforce generally the provisions of sections 1 to 7 of this act.

4. Upon application by the division, the attorney general may, on behalf of the division, request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts of practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or

(2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license, issued pursuant to sections 1 to 7 of this act upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee.

5. Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.

6. Any action brought pursuant to this section may be in addition to, or in lieu of, any penalty provided by sections 1 to 7 of this act and may be brought concurrently with other actions to enforce the provisions of sections 1 to 7 of this act.