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7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Acupuncture Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms, including "injection therapy";
13 ▸ modifies the definition of the "practice of acupuncture" to include injection therapy;
14 ▸ grants authority to a licensee to procure and administer certain sterile substances as
15 part of injection therapy; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 58-72-102, as last amended by Laws of Utah 2012, Chapter 88
24 58-72-302, as last amended by Laws of Utah 2009, Chapter 183
25 ENACTS:
26 58-72-701, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 58-72-102 is amended to read:
30 58-72-102. Acupuncture licensing -- Definitions.
31 In addition to the definitions in Section 58-1-102, as used in this chapter:
32 (1) "Board" means the Acupuncture Licensing Board created in Section 58-72-201.
33 (2) (a) "Injection therapy" means the use of a hypodermic needle, by a licensed
34 acupuncturist who has obtained a clean needle technique certificate from the National
35 Commission for the Certification of Acupuncture and Oriental Medicine (NCCAOM), to inject
36 any of the following sterile substances in liquid form into acupuncture points on the body
37 subcutaneously or intramuscularly:
38 (i) a nutritional substance;
39 (ii) a local anesthetic;
40 (iii) autologous blood, if the licensee holds a current phlebotomy certification to draw
41 blood;
42 (iv) sterile water;
43 (v) dextrose;
44 (vi) sodium bicarbonate; and
45 (vii) sterile saline.
46 (b) "Injection therapy" includes using ultrasound guidance to ensure that an injection is
47 only a subcutaneous injection or an intramuscular injection.
48 (c) "Injection therapy" does not include injecting a substance into a vein, joint, artery,
49 blood vessel, nerve, tendon, deep organ, or the spine.
50 (d) "Injection therapy" may not be performed on a pregnant woman or a child under the
51 age of eight.
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53 been licensed under this chapter to practice acupuncture.
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55 acupuncture points of the body.
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57 use of injection therapy, and the application of moxibustion to specific areas of the body based
58 on traditional oriental medical diagnosis and modern research as a primary mode of therapy.
59 (b) Adjunctive therapies within the scope of the practice of acupuncture may include:
60 (i) manual, mechanical, thermal, electrical, light, and electromagnetic treatments based
61 on traditional oriental medical diagnosis and modern research;
62 (ii) the recommendation, administration, or provision of dietary guidelines, herbs,
63 supplements, homeopathics, and therapeutic exercise based on traditional oriental medical
64 diagnosis and modern research according to practitioner training; and
65 (iii) the practice described in Subsections [
66 permitted by:
67 (A) Subsection 58-28-307(12);
68 (B) the provisions of this chapter; and
69 (C) division rule.
70 (c) "Practice of acupuncture" does not include:
71 (i) the manual manipulation or adjustment of the joints of the body beyond the elastic
72 barrier; or
73 (ii) the "manipulation of the articulation of the spinal column" as defined in Section
74 58-73-102.
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76 and as may be further defined by division rule.
77 Section 2. Section 58-72-302 is amended to read:
78 58-72-302. Qualifications for licensure.
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80 acupuncturist shall:
81 (1) submit an application in a form prescribed by the division;
82 (2) pay a fee determined by the department under Section 63J-1-504;
83 (3) be of good moral character;
84 (4) meet the requirements for current active certification in acupuncture under
85 guidelines established by the National Commission for the Certification of Acupuncture and
86 Oriental Medicine (NCCAOM) as demonstrated through a current certificate or other
87 appropriate documentation;
88 (5) pass the examination required by the division by rule;
89 (6) establish procedures, as defined by rule, which shall enable patients to give
90 informed consent to treatment; and
91 (7) meet with the board, if requested, for the purpose of evaluating the applicant's
92 qualifications for licensure.
93 Section 3. Section 58-72-701 is enacted to read:
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95 58-72-701. Procurement and administration authority.
96 (1) A licensee who has received the necessary training to practice injection therapy,
97 including having obtained a clean needle technique certificate from the National Commission
98 for the Certification of Acupuncture and Oriental Medicine (NCCAOM):
99 (a) has authority to procure and administer prescriptive substances described in
100 Subsections 58-72-102(2)(a) and (b) for in-office administration only; and
101 (b) may obtain substances described in Subsection 58-72-102(2) from a registered
102 prescription drug outlet, registered manufacturer, or registered wholesaler.
103 (2) An entity that provides any substance to a licensee in accordance with this chapter,
104 and relies in good faith on license information provided by the licensee, is not liable for
105 providing the substance.