S.B. 101 Enrolled

1

ACUPUNCTURE LICENSING ACT AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David P. Hinkins
5 House Sponsor: Christine F. Watkins
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Acupuncture Licensing Act by amending definitions and the
10 membership of the Acupuncture Licensing Board.
11 Highlighted Provisions:
12 This bill:
13 . amends the definition of acupuncture-related adjunctive therapies to include:
14 . modern research and other therapies designated by division rule; and
15 . the administration or provision of dietary guidelines, herbs, supplements, and
16 homeopathics;
17 . provides that the division shall make rules in accordance with Title 63G, Chapter 3,
18 Utah Administrative Rulemaking Act;
19 . amends the Acupuncture Licensing Board membership to include four licensed
20 acupuncturists instead of two and removes a licensed health care practitioner from
21 the board membership;
22 . removes one physician from the board membership on July 1, 2014; and
23 . makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:

30 58-72-102, as last amended by Laws of Utah 2007, Chapter 90
31 58-72-201, as last amended by Laws of Utah 2007, Chapter 90
32 63I-2-258, as last amended by Laws of Utah 2008, Chapters 214, 365 and renumbered
33 and amended by Laws of Utah 2008, Chapter 382
34 ENACTS:
35 58-72-103, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 58-72-102 is amended to read:
39 58-72-102. Acupuncture licensing -- Definitions.
40 In addition to the definitions in Section 58-1-102 , as used in this chapter:
41 (1) "Board" means the Acupuncture Licensing Board created in Section 58-72-201 .
42 (2) "Licensed acupuncturist," designated as "L.Ac.," means a person who has been
43 licensed under this chapter to practice acupuncture.
44 (3) "Moxibustion" means a heat therapy that uses the herb moxa to heat acupuncture
45 points of the body.
46 (4) (a) "Practice of acupuncture" means the insertion of acupuncture needles and
47 application of moxibustion to specific areas of the body based on traditional oriental medical
48 diagnosis and [concepts] modern research as a primary mode of therapy.
49 (b) Adjunctive therapies within the scope of the practice of acupuncture may include:
50 (i) manual, mechanical, thermal, electrical, light, and electromagnetic treatments based
51 on traditional oriental medical diagnosis and [concepts] modern research;
52 (ii) the recommendation, administration, or provision of dietary guidelines, herbs,
53 supplements, homeopathics, and therapeutic exercise based on traditional oriental medical
54 diagnosis and [concepts] modern research according to practitioner training; and
55 (iii) the practice described in Subsections (4)(a) and (b) on an animal to the extent
56 permitted by:
57 (A) Subsection 58-28-307 (12);

58 (B) the provisions of this chapter; and
59 (C) division rule.
60 (c) "Practice of acupuncture" does not include:
61 (i) the manual manipulation or adjustment of the joints of the body beyond the elastic
62 barrier; or
63 (ii) the "manipulation of the articulation of the spinal column" as defined in Section
64 58-73-102 .
65 (5) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-72-503 , and as
66 may be further defined by rule.
67 Section 2. Section 58-72-103 is enacted to read:
68 58-72-103. Rulemaking.
69 When exercising rulemaking authority under this chapter, the division shall comply
70 with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
71 Section 3. Section 58-72-201 is amended to read:
72 58-72-201. Acupuncture Licensing Board.
73 (1) There is created an Acupuncture Licensing Board consisting of:
74 (a) [two] four licensed acupuncturists;
75 (b) one physician with knowledge of and experience in acupuncture; and
76 [(c) one other licensed health care practitioner with knowledge of and experience in
77 acupuncture; and]
78 [(d)] (c) one member from the general public.
79 (2) The board shall be appointed and serve in accordance with Section 58-1-201 .
80 (3) (a) The duties and responsibilities of the board shall be in accordance with Sections
81 58-1-202 and 58-1-203 .
82 (b) In addition, the board shall designate one of its members on a permanent rotating
83 basis to:
84 (i) assist the division in reviewing complaints concerning the unlawful or
85 unprofessional conduct of a licensee; and

86 (ii) advise the division in its investigation of these complaints.
87 (4) A board member who has, under Subsection (3), reviewed a complaint or advised
88 in its investigation may be disqualified from participating with the board when the board serves
89 as a presiding officer in an adjudicative proceeding concerning the complaint.
90 Section 4. Section 63I-2-258 is amended to read:
91 63I-2-258. Repeal dates -- Title 58.
92 (1) Subsection 58-72-201 (1)(b) is repealed July 1, 2014.
93 (2) Section 58-77-204 is repealed July 1, 2011.