As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 341 5
1999-2000 6
REPRESENTATIVES SCHURING-VAN VYVEN-OGG-HOLLISTER- 8
PADGETT-JONES-NETZLEY-SCHULER-SULLIVAN-ALLEN 9
_________________________________________________________________ 10
A B I L L
To enact sections 4762.01 to 4762.12 of the Revised 12
Code regarding the practice of acupuncture. 13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That sections 4762.01, 4762.02, 4762.03, 17
4762.04, 4762.05, 4762.06, 4762.07, 4762.08, 4762.09, 4762.10, 18
4762.11, and 4762.12 of the Revised Code be enacted to read as 19
follows:
Sec. 4762.01. AS USED IN THIS CHAPTER: 21
(A) "ACUPUNCTURE" MEANS A FORM OF HEALTH CARE PERFORMED BY 23
THE INSERTION AND REMOVAL OF SPECIALIZED NEEDLES, WITH OR WITHOUT 24
THE APPLICATION OF MOXIBUSTION OR ELECTRICAL STIMULATION, TO 25
SPECIFIC AREAS OF THE BODY FOR THE PROMOTION, MAINTENANCE, AND 27
RESTORATION OF HEALTH AND THE PREVENTION OF DISEASE. 28
(B) "ACUPUNCTURIST" MEANS AN INDIVIDUAL ENGAGED IN THE 30
PRACTICE OF ACUPUNCTURE IN ACCORDANCE WITH DIVISION (A) OF 31
SECTION 4762.03 OF THE REVISED CODE. 32
(C) "MOXIBUSTION" MEANS THE USE OF AN HERBAL HEAT SOURCE 34
ON ONE OR MORE ACUPUNCTURE POINTS BASED ON TRADITIONAL AND MODERN 35
ORIENTAL MEDICAL CONCEPTS, DIAGNOSIS, AND TREATMENT FOR THE 36
PURPOSE OF PROMOTION, MAINTENANCE, AND RESTORATION OF HEALTH AND 37
THE PREVENTION OF DISEASE. 38
(D) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 41
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. 42
Sec. 4762.02. ACUPUNCTURE IS NOT THE PRACTICE OF MEDICINE 44
2
WITHIN THE MEANING OF SECTION 4731.34 OF THE REVISED CODE. 45
Sec. 4762.03. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 47
THIS SECTION, NO PERSON SHALL ENGAGE IN THE PRACTICE OF 48
ACUPUNCTURE UNLESS THE PERSON HAS BEEN DESIGNATED AS A DIPLOMATE 49
IN ACUPUNCTURE BY THE NATIONAL CERTIFICATION COMMISSION FOR 50
ACUPUNCTURE AND ORIENTAL MEDICINE AND THE DESIGNATION IS CURRENT 51
AND ACTIVE.
(B) THE REQUIREMENT OF DIVISION (A) OF THIS SECTION TO BE 54
DESIGNATED AS A DIPLOMATE OF THE COMMISSION DOES NOT APPLY TO A 55
PHYSICIAN OR TO A PERSON WHO PERFORMS ACUPUNCTURE AS PART OF A
TRAINING PROGRAM LEADING TOWARD DESIGNATION AS A DIPLOMATE IN 56
ACUPUNCTURE BY THE NATIONAL CERTIFICATION COMMISSION FOR 57
ACUPUNCTURE AND ORIENTAL MEDICINE. 58
Sec. 4762.04. (A) AN ACUPUNCTURIST SHALL PRACTICE 60
ACUPUNCTURE UNDER THE REFERRAL OR PRESCRIPTION AND GENERAL 61
SUPERVISION OF A PHYSICIAN AS SPECIFIED IN DIVISION (B) OF THIS 62
SECTION. THE SUPERVISING PHYSICIAN IS NOT REQUIRED TO BE 63
REGISTERED WITH A BOARD AS AN ACUPUNCTURIST. AN ACUPUNCTURIST IS 64
NOT REQUIRED TO PRACTICE ACUPUNCTURE ON THE PREMISES OF THE
OFFICE OF A PHYSICIAN. 65
(B) A SUPERVISING PHYSICIAN SHALL DO ALL OF THE FOLLOWING: 67
(1) PRIOR TO ACUPUNCTURE TREATMENT, PERFORM A MEDICAL 69
DIAGNOSTIC EXAMINATION OR REVIEW THE RESULTS OF A RECENTLY 70
PERFORMED MEDICAL DIAGNOSTIC EXAMINATION WITH RESPECT TO ANY 71
AILMENT OR CONDITION TO BE TREATED BY ACUPUNCTURE; 72
(2) BE PERSONALLY AVAILABLE FOR CONSULTATION ON THE 74
PREMISES AT WHICH ACUPUNCTURE IS PERFORMED OR BE AVAILABLE BY 75
TELEPHONE CONTACT, CHART REVIEW, OR OTHER MEANS ACCEPTABLE TO THE 76
STATE MEDICAL BOARD;
(3) PLACE CONDITIONS AND RESTRICTIONS ON THE COURSE OF 78
TREATMENT IF REQUIRED AS A MATTER OF SOUND MEDICAL PRACTICE. 79
Sec. 4762.05. ONLY A PERSON WHO IS DESIGNATED AS A CURRENT 81
AND ACTIVE DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL CERTIFICATION 82
COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE MAY USE ANY OF 83
3
THE FOLLOWING TITLES, INITIALS, OR ABBREVIATIONS, OR THE 84
EQUIVALENT OF SUCH TITLES, INITIALS, OR ABBREVIATIONS: 85
"ACUPUNCTURIST," "C.A.," "C.AC.," "CERTIFIED ACUPUNCTURIST," 87
"DIPL. AC (NCCAOM)," "DIPLOMATE OF ACUPUNCTURE (NCCAOM)," 89
"L.AC.," "LIC. AC.," "LICENSED ACUPUNCTURIST," "NATIONAL BOARD 90
CERTIFIED IN ACUPUNCTURE (NCCAOM)," "(O.M.P.)," "ORIENTAL 92
MEDICINE PRACTITIONER," "R.AC.," OR "REG. AC." 94
Sec. 4762.06. PRIOR TO TREATING A PATIENT, AN 96
ACUPUNCTURIST SHALL ADVISE THE PATIENT THAT ACUPUNCTURE IS NOT A 97
SUBSTITUTE FOR CONVENTIONAL MEDICAL DIAGNOSIS AND TREATMENT AND 98
REQUEST THAT THE PATIENT SIGN A FORM STATING THAT THE PATIENT 99
ACKNOWLEDGES THAT IT IS THE PATIENT'S RESPONSIBILITY TO RETURN TO 100
A PHYSICIAN FOR ANY NECESSARY CONVENTIONAL MEDICAL TREATMENT.
THE ACUPUNCTURIST SHALL SIGN THE FORM AND KEEP A COPY OF IT WITH 102
THE PATIENT'S RECORDS. THE ACUPUNCTURIST MAY NOT COMMENCE 103
TREATMENT UNLESS THE PATIENT SIGNS AND DATES THE FORM. 104
Sec. 4762.07. WHEN FIRST MEETING A PATIENT IN PERSON, AN 106
ACUPUNCTURIST SHALL PROVIDE IN WRITING THE ACUPUNCTURIST'S NAME, 107
BUSINESS ADDRESS, AND BUSINESS TELEPHONE NUMBER, AND INFORMATION 109
ON ACUPUNCTURE, INCLUDING THE TECHNIQUES THAT ARE USED. 110
Sec. 4762.08. AN ACUPUNCTURIST SHALL COMPLY WITH THE 112
STANDARDS OF THE NATIONAL CERTIFICATION COMMISSION FOR 113
ACUPUNCTURE AND ORIENTAL MEDICINE REGARDING ALL OF THE FOLLOWING: 114
(A) PROFESSIONAL ETHICS; 116
(B) COMMITMENT TO PATIENTS; 118
(C) COMMITMENT TO THE PROFESSION; 120
(D) COMMITMENT TO THE PUBLIC. 122
Sec. 4762.09. AN ACUPUNCTURIST SHALL MAINTAIN RECORDS FOR 124
EACH PATIENT TREATED. THE RECORDS SHALL BE RETAINED FOR NOT LESS 126
THAN THREE YEARS FOLLOWING TERMINATION OF TREATMENT.
Sec. 4762.10. AN ACUPUNCTURIST SHALL CONSPICUOUSLY DISPLAY 128
AT THE ACUPUNCTURIST'S PRIMARY PLACE OF BUSINESS BOTH OF THE 129
FOLLOWING:
(A) THE CERTIFICATE OR OTHER DOCUMENT RECEIVED FROM THE 131
4
NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL 132
MEDICINE AS EVIDENCE THAT THE ACUPUNCTURIST HAS BEEN DESIGNATED 133
BY THE COMMISSION AS A DIPLOMATE IN ACUPUNCTURE; 134
(B) A NOTICE SPECIFYING THAT THE PRACTICE OF ACUPUNCTURE 136
IS DISCIPLINED BY THE COMMISSION AND THE ADDRESS AND TELEPHONE 137
NUMBER OF THE COMMISSION'S EXECUTIVE OFFICE. 138
Sec. 4762.11. AN ACUPUNCTURIST SHALL USE ONLY STERILE 140
SINGLE USE DISPOSABLE, OR EQUIVALENT, NEEDLES. 141
AN ACUPUNCTURIST IS SUBJECT TO AND SHALL COMPLY WITH THE 144
RULES ADOPTED UNDER SECTION 4731.051 OF THE REVISED CODE 145
ESTABLISHING UNIVERSAL BLOOD AND BODY FLUID PRECAUTIONS. 146
Sec. 4762.12. WHENEVER IT APPEARS THAT A PERSON IS 148
VIOLATING OR THREATENING TO VIOLATE ANY PROVISION OF THIS 149
CHAPTER, THE ATTORNEY GENERAL SHALL BRING AN ACTION IN A COURT OF 150
COMPETENT JURISDICTION TO ENJOIN THE ALLEGED VIOLATION. THE 151
COURT SHALL GRANT APPROPRIATE RELIEF ON A SHOWING THAT THE PERSON 152
IS VIOLATING OR THREATENING TO VIOLATE A PROVISION OF THIS 153
CHAPTER.
Section 2. It is the intent of the General Assembly in 155
enacting Chapter 4762. of the Revised Code in this act to 156
supersede the holding of the Ohio Supreme Court in State v. Rich 157
(1975), 44 Ohio St. 2d 195, that acupuncture constitutes the 158
practice of medicine within the meaning of section 4731.34 of the 159
Revised Code, and therefore, pursuant to section 4731.41 of the
Revised Code, only a person who holds a certificate to practice 160
medicine or surgery from the State Medical Board may perform it. 161