63 Pa. Stat. § 1803

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 1803 - Regulation of the practice of acupuncture
(a) Licensure required.--Except as provided in subsection (h), an individual, including a physician, shall be licensed with one of the boards before the individual may practice acupuncture in this Commonwealth. Individuals shall renew their licensures biennially with the appropriate board.
(b) Regulations to be promulgated.-- The boards shall each promulgate regulations requiring the proper training of individuals, including physicians, before they may be licensed to practice acupuncture in this Commonwealth. Proper training shall include, to the extent determined by the appropriate board, education or demonstrated experience in the practice of acupuncture. If a board requires successful completion of a written, oral or practical examination in order to qualify for licensure under this act, the examination shall be prepared and administered by a qualified and approved professional testing organization in the manner required for written examinations by section 812.1 of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929. The board may promulgate such other regulations as are deemed proper and necessary regarding the practice of acupuncture. If an individual is licensed to practice acupuncture with one of the boards, the individual shall be considered to have met the requirements to be licensed by the other board.
(c) Deleted by 2006, Nov. 29, P.L. 1625, No. 186, § 1, effective in 60 days [Jan. 29, 2007].
(d) Supervision of students in acupuncture educational programs.--Nothing in this act shall prohibit students enrolled in an acupuncture educational program from performing acupuncture or supplemental acupuncture techniques in the course of their instruction, provided that a licensed physician is readily available for consultations and that an acupuncturist is on site and responsible for the direct supervision of students.
(e) Faculty in acupuncture educational programs.--Nothing in this act shall prohibit faculty teaching in an acupuncture educational program or visiting guest lecturers from performing acupuncture or supplemental acupuncture techniques in the course of student instruction or during professional development seminars, provided that such individuals are licensed as acupuncturists in this Commonwealth or licensed as acupuncturists in another jurisdiction recognized by this Commonwealth and obtain temporary licensure in this Commonwealth.
(f) Supplemental techniques.--The practice of acupuncture shall also encompass, as regulated by the board, the use of traditional and modern oriental therapeutics, heat therapy, moxibustion, electrical and low-level laser stimulation, acupressure and other forms of massage, herbal therapy and counseling that shall include the therapeutic use of foods and supplements and lifestyle modifications and any other techniques approved by the board. These supplemental techniques may be for use within the public domain or for use by any other licensed or registered health professionals, according to State law and regulation. None of the supplemental techniques under this subsection shall be a mandated coverage under an insurance policy.
(g) Disciplinary and corrective measures.--Acupuncturists licensed with the State Board of Medicine shall be subject to all disciplinary provisions applicable to medical doctors as set forth in the act of December 20, 1985 (P.L. 457, No. 112) , known as the Medical Practice Act of 1985. Acupuncturists licensed with the State Board of Osteopathic Medicine shall be subject to all disciplinary provisions applicable to osteopathic medical doctors as set forth in the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act.
(h)Exemptions from licensure.--This section shall not apply to :
(1) A dentist performing acupuncture in connection with the practice of dentistry, a podiatrist performing acupuncture in connection with the practice of podiatry or a veterinarian performing acupuncture on animals in connection with the practice of veterinary medicine. The State Board of Dentistry with regard to dentists, the State Board of Podiatry with regard to podiatrists and the State Board of Veterinary Medical Examiners with regard to veterinarians shall assure that licensees of that board who perform acupuncture have what that board determines to be the proper education or demonstrated experience in the performance of acupuncture.
(2) An individual who holds a current license, certificate, registration or permit to practice acupuncture from another state, territory or country and seeks to practice acupuncture in this Commonwealth for the limited purpose of attending a continuing education acupuncture course in this Commonwealth.
(i) Oriental medicine.--An acupuncturist may practice Oriental medicine if the acupuncturist is licensed with the board as a practitioner of Oriental medicine and:
(1) has successfully completed an acupuncture education program that includes the study of East Asian herbology and passed an East Asian herbology examination approved by the board; or
(2) has obtained national certification in East Asian herbology or Oriental medicine from a certifying organization approved by the board, which includes passing an East Asian herbology examination.
(j) Emergency.--The board shall have the power to allow an individual who holds a current license as an acupuncturist or practitioner of Oriental medicine in another state, the District of Columbia or a territory of the United States or who has obtained national certification to practice acupuncture or Oriental medicine in this Commonwealth for no more than 60 days as part of a relief effort related to a state of emergency declared by the Federal Government or the Governor.
(k) Identification.--
(1) Except as provided under paragraph (2), an acupuncturist shall wear a tag or badge with lettering clearly visible to the patient bearing the acupuncturist's name and the title "acupuncturist."
(2) An individual who is a practitioner of Oriental medicine shall wear a tag or badge with lettering clearly visible to the patient bearing the individual's name and the title "practitioner of Oriental medicine."

63 P.S. § 1803

Amended by P.L. (number not assigned at time of publication) 2024 No. 38,§ 2, eff. 8/30/2024.
1986 , Feb. 14, P.L. 2, No. 2, § 3, effective in 6 months. Amended 1986, Dec. 15, P.L. 1618, No. 183, §1, effective 1/1/1987; 2002, May 16, P.L. 326, No. 49, § 2, effective in 60 days; 2006, Nov. 29, P.L. 1625, No. 186, §1, effective in 60 days [ 1/29/2007]; 2008, Oct. 8, P.L. 1092, No. 91, §2, effective in 60 days [ 12/8/2008].