H.B. 57 Enrolled

ACUPUNCTURE PRACTICE AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Afton B. Bradshaw
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING
DEFINITIONS; MODIFYING QUALIFICATIONS FOR LICENSURE; REQUIRING
ENGLISH LANGUAGE PROFICIENCY; REPEALING CERTAIN SECTIONS; AND
MAKING TECHNICAL AND CONFORMING AMENDMENTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-72-101, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-72-102, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-72-201, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-72-401, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-72-501, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-73-501, as renumbered and amended by Chapter 253, Laws of Utah 1996
ENACTS:
58-72-503, Utah Code Annotated 1953
REPEALS AND REENACTS:
58-72-301, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-72-302, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-72-303, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-72-304, as renumbered and amended by Chapter 253, Laws of Utah 1996
REPEALS:
58-72-305, as renumbered and amended by Chapter 253, Laws of Utah 1996
58-72-402, as renumbered and amended by Chapter 253, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-72-101 is amended to read:
58-72-101. Title.

This [act] chapter shall be known [and may be cited] as the "Acupuncture Licensing Act."
Section 2. Section 58-72-102 is amended to read:
58-72-102. Acupuncture licensing -- Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
[(1) "Acupuncture" means the stimulation of a certain point or points on or near the surface
of the body by the insertion of needles to prevent or modify the perception of pain or to normalize
physiological functions, including pain control, for the treatment of certain diseases or dysfunctions
of the body, and includes the techniques of electroacupuncture, cupping, and moxibustion.]
[(2)] (1) "Acupuncturist" means a person who has been licensed under this chapter to
practice acupuncture.
[(3)] (2) "Board" means the Acupuncture Licensing Board created in Section 58-72-201.
(3) "Moxibustion" means a heat therapy that uses the herb moxa to heat acupuncture points
of the body.
(4) (a) "Practice of acupuncture" means the insertion of acupuncture needles and application
of moxibustion to specific areas of the human body based on traditional oriental medical diagnosis
and concepts as a primary mode of therapy. Adjunctive therapies within the scope of acupuncture
may include:
(i) manual, mechanical, thermal, electrical, and electromagnetic treatments based on
traditional oriental medical diagnosis and concepts; and
(ii) the recommendation of dietary guidelines and therapeutic exercise based on traditional
oriental medical diagnosis and concepts.
(b) "Practice of acupuncture" does not include:
(i) the manual manipulation or adjustment of the joints of the human body beyond the elastic
barrier; or
(ii) the "manipulation of the articulation of the spinal column" as defined in Section
58-73-102.
[(4)] (5) "Unprofessional conduct" is as defined in [Section] Sections 58-1-501 and
58-72-503, and as may be further defined by rule [includes:].

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[(a) performing, procuring, or agreeing to perform or procure, or advising, aiding in or
abetting, or offering to perform, procure, advise, aid in or abet a criminal abortion;]
[(b) willfully betraying or disclosing a professional secret, or violating a privileged
communication, except:]
[(i) as required by law; or]
[(ii) to assist the division in fully and freely exchanging information concerning applicants
or licenses with the licensing or disciplinary board of other states or foreign countries and
professional associations;]
[(c) fraudulently representing that an incurable disease can be cured, or that a curable
disease, sickness, or injury can be cured in a stated time, or knowingly making any false statement
in connection with the practice of acupuncture, except as the making of the statement may be
necessary for accepted therapeutic reasons;]
[(d) refusing to divulge to the division upon demand the means, methods, device, or
instrumentality used in the treatment of a disease, injury, ailment, or infirmity;]
[(e) practicing acupuncture as a partner, agent, or employee of, or in joint venture with any
person who does not hold a license to practice acupuncture or medicine within this state;]
[(f) using or administering to himself cocaine, opium, morphine, codeine, heroin, alpha
eucaine, beta eucaine, chloralhydrate, or any of the salts, derivatives, or compounds of the foregoing
substances or the using of paraldehyde or barbituric acid, or their salts, compounds or derivatives,
or amphetamines, hallucinogens or related drugs, or controlled substances, or any narcotic or
dangerous drug regulated by the statutes of this state or any alcoholic beverages to the extent, or in
a manner, dangerous or injurious to the person holding the license under this chapter, or any other
person or the public, or to the extent that its use impairs the ability of persons holding licenses to
conduct with safety to the public the practice of acupuncture, or being convicted of a felony
involving the use, consumption, or self-administration of any of the substances referred to in this
section or any combination thereof;]
[(g) knowingly selling, furnishing, giving away or administering directly or indirectly, or
offering to sell, furnish, give away, or administer any of the drugs or compounds mentioned in

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Subsection (f) to a habitue or addict unless permitted by law; or]
[(h) willfully and intentionally making any false statement in a report or claim form to a
governmental agency or insurance company with the intent to secure payment not rightfully due.]
Section 3. Section 58-72-201 is amended to read:
58-72-201. Acupuncture Licensing Board.
(1) There is created an Acupuncture Licensing Board consisting of:
(a) two acupuncturists[,];
(b) one physician with knowledge of and experience in acupuncture[,];
(c) one other licensed health care practitioner with knowledge of and experience in
acupuncture[,]; and
(d) one member from the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board shall be in accordance with Sections
58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent
rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional
conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its
investigation may be disqualified from participating with the board when the board serves as a
presiding officer in an adjudicative proceeding concerning the complaint.
Section 4. Section 58-72-301 is repealed and reenacted to read:
58-72-301. License required -- License classification.
(1) A license is required to engage in the practice of acupuncture, except as specifically
provided in Section 58-1-307 or 58-72-304.
(2) The division shall issue to a person who qualifies under this chapter a license in the
classification of acupuncturist.
Section 5. Section 58-72-302 is repealed and reenacted to read:

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58-72-302. Qualification for licensure.
Notwithstanding Section 58-1-302, all applicants for licensure as an acupuncturist shall:
(1) submit an application in a form prescribed by the division;
(2) pay a fee determined by the department under Section 63-38-3.2;
(3) be of good moral character;
(4) meet the requirements for current active certification in acupuncture under guidelines
established by the National Commission for the Certification of Acupuncturists (NCCA) as
demonstrated through a current certificate or other appropriate documentation;
(5) pass the examination required by the division by rule;
(6) establish procedures, as defined by rule, which shall enable patients to give informed
consent to treatment; and
(7) meet with the board, if requested, for the purpose of evaluating the applicant's
qualifications for licensure.
Section 6. Section 58-72-303 is repealed and reenacted to read:
58-72-303. Terms of license -- Expiration -- Renewal.
(1) Each license issued under this chapter shall be issued in accordance with a two-year
renewal cycle established by rule. A renewal period may be extended or shortened by as much as
one year to maintain established renewal cycles or to change an established renewal cycle.
(2) Each license automatically expires on the expiration date shown on the license unless
renewed by the licensee in accordance with Section 58-1-308.
Section 7. Section 58-72-304 is repealed and reenacted to read:
58-72-304. Exceptions from licensure.
In addition to the exemptions from licensure set forth in Section 58-1-307, the following
persons may engage in the practice of acupuncture subject to the stated circumstances and limitations
without being licensed under this chapter:
(1) an individual licensed as a physician and surgeon or osteopathic physician and surgeon
under Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic Medical Practice
Act; and

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(2) a commissioned physician or surgeon serving in the armed forces of the United States
or other federal agency.
Section 8. Section 58-72-401 is amended to read:
58-72-401. Grounds for denial of license -- Disciplinary proceedings -- Resumption of
practice.
[(1)] Grounds for refusal to issue a license to an applicant, for refusal to renew the license
of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a
public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance
with Section 58-1-401.
[(2) The terms of revocation, suspension, or probation under this chapter may include the
following:]
[(a) suspending, limiting, or restricting the license to practice acupuncture for up to five
years, including limiting the practice of the person to, or excluding from the practice of the person,
one or more specific branches of acupuncture practice, including any limitation on practice;]
[(b) requiring the licensee to submit to care, counseling, or treatment by physicians approved
or designated by the board, as a condition for licensure;]
[(c) requiring the licensee to participate in a program of education prescribed by the board;
or]
[(d) requiring the licensee to practice under the direction of a physician or acupuncturist
designated by the board for a specified period of time.]
[(3) An acupuncturist whose license is suspended under Subsection 58-1-401(2) shall, at
reasonable intervals, be afforded the opportunity to demonstrate that he can resume the competent
practice of acupuncture with reasonable skill and safety to patients.]
Section 9. Section 58-72-501 is amended to read:
58-72-501. Acupuncture licensee -- Restriction on titles used.
(1) A person practicing as an acupuncturist may not display or in any way use any title,
words, or insignia in conjunction with his name or practice except the word "acupuncturist." When
used in conjunction with the person's practice the term "acupuncturist" shall be displayed next to the

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name of the acupuncturist.
(2) An acupuncturist may not use the term "physician," "physician or surgeon," or "doctor"
in conjunction with his name or practice. "Doctor of acupuncture[,]" ["constitutional
acupuncturist,"] or "oriental medical doctor" may be used if the term is commensurate with the
degree in acupuncture received by the practitioner.
(3) Medical doctors who choose to practice acupuncture shall represent themselves as
medical doctors practicing acupuncture and not as acupuncturists.
Section 10. Section 58-72-503 is enacted to read:
58-72-503. Unprofessional conduct.
Unprofessional conduct includes the failure to transmit records in the English language to
the division, the patient's practitioner, or a third party insurance payor upon request.
Section 11. Section 58-73-501 is amended to read:
58-73-501. Unprofessional conduct.
Unprofessional conduct is as defined in Section 58-1-501, as defined by division rule, and
also includes:
(1) engaging in practice as a chiropractic physician after electing to place his license on
inactive status, without having established with the board that he has initiated or completed
continuing education necessary to reinstate active status of his license;
(2) failing to complete required continuing professional education;
(3) violating any of the scope of practice standards set forth in Section 58-73-601;
(4) failing to maintain patient records in sufficient detail to clearly substantiate a diagnosis,
all treatment rendered to the patient in accordance with the recognized standard of chiropractic care,
and fees charged for professional services;
(5) refusing to divulge to the division on demand the means, methods, device, or
instrumentality used in the treatment of a disease, injury, ailment, or infirmity, unless that
information is protected by the physician-patient privilege of Utah and the patient has not waived
that privilege;
(6) refusing the division or its employees access to his office, instruments, laboratory

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equipment, appliances, or supplies at reasonable times for purposes of inspection;
(7) fraudulently representing that curable disease, sickness, or injury can be cured in a stated
time, or knowingly making any false statement in connection with the practice of chiropractic;
(8) offering, undertaking, or agreeing to cure or treat a disease, injury, ailment, or infirmity
by a secret means, method, device, or instrumentality;
(9) willfully and intentionally making any false statement or entry in any chiropractic office
records or other chiropractic records or reports;
(10) knowingly engaging in billing practices which are abusive and represent charges which
are fraudulent or grossly excessive for services rendered;
(11) performing, procuring, or agreeing to procure or perform, or advising, aiding in or
abetting, or offering or attempting to procure or aid or abet in the procuring of a criminal abortion;
(12) willfully betraying or disclosing a professional confidence or violation of a privileged
communication, except:
(a) as required by law; or
(b) to assist the division by fully and freely exchanging information concerning applicants
or licensees with the licensing or disciplinary boards of other states or foreign countries, the Utah
chiropractic associations, their component societies, or chiropractic societies of other states,
countries, districts, territories, or foreign countries;
[(13) knowingly selling, giving away, or directly or indirectly administering, or offering to
sell, furnish, give away, or administer any of the drugs or compounds referred to in Subsection
58-72-102(4)(f) to a known addict unless permitted by law;]
[(14)] (13) directly or indirectly giving or receiving any fee, commission, rebate, or other
compensation for professional services not actually rendered or supervised, but this subsection does
not preclude the legal relationships within lawful professional partnerships, corporations, or
associations; and
[(15)] (14) knowingly failing to transfer a copy of pertinent and necessary medical records
or a summary of them to another physician when requested to do so by the subject patient or his
designated representative.

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Section 12. Repealer.
This act repeals:
Section 58-72-305, Exceptions from licensure.
Section 58-72-402, Reissuance of license after revocation.

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