S 0799 {Rat #344} General Bill, By Hayes
 AN ACT TO AMEND SECTION 40-47-755, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR
 DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR
 DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED
 ACUPUNCTURIST; TO AMEND SECTION 40-47-710, RELATING TO THE ACUPUNCTURE
 ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR,
 CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION 40-47-725,
 RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING
 ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE
 CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR
 THERAPY SINCE 1997; TO AMEND SECTION 40-47-745, RELATING TO PENALTIES AND
 SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE
 UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED
 ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS;
 AND TO REPEAL SECTION 40-47-730 RELATING TO AURICULAR THERAPY LICENSURE
 REQUIREMENTS. - ratified title
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   05/30/07  Senate Introduced and read first time SJ-3
   05/30/07  Senate Referred to Committee on Medical Affairs SJ-3
   01/23/08  Senate Committee report: Favorable Medical Affairs SJ-15
   01/24/08  Senate Read second time SJ-8
   01/24/08         Scrivener's error corrected
   01/29/08  Senate Read third time and sent to House SJ-6
   01/30/08  House  Introduced and read first time HJ-9
   01/30/08  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-9
   04/03/08  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-5
   04/04/08         Scrivener's error corrected
   04/09/08  House  Amended HJ-34
   04/09/08  House  Read second time HJ-35
   04/10/08  House  Read third time and returned to Senate with
                     amendments HJ-30
   04/17/08  Senate Non-concurrence in House amendment SJ-29
   04/23/08  House  House insists upon amendment and conference
                     committee appointed Reps.  Parks, Herbkersman,
                     and Spires HJ-2
   04/23/08  Senate Conference committee appointed  Hayes, Lourie and
                     Bryant SJ-29
   05/21/08  Senate Free conference powers granted SJ-63
   05/21/08  Senate Free conference committee appointed  Hayes,
                     Lourie, and Bryant SJ-63
   05/21/08  Senate Free conference report adopted SJ-63
   05/29/08  House  Free conference powers granted HJ-48
   05/29/08  House  Free conference committee appointed  Reps. Parks,
                     Herbkersman, and Spires HJ-49
   05/29/08  House  Free conference report received and adopted HJ-49
   05/29/08  Senate Ordered enrolled for ratification SJ-135
   06/05/08         Ratified R  344
   06/11/08         Vetoed by Governor
   06/25/08  Senate Veto sustained Yeas-19  Nays-11
   06/25/08  Senate Reconsider vote whereby veto  was sustained
   06/25/08  Senate Veto overridden by originating body Yeas-30  Nays-9
   06/25/08  House  Veto sustained Yeas-6  Nays-94

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R344, S799)

AN ACT TO AMEND SECTION 40-47-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISORY AND PROTOCOL REQUIREMENTS FOR CONDUCTING AURICULAR DETOXIFICATION THERAPY, SO AS TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPISTS MUST BE SUPERVISED DIRECTLY BY A LICENSED ACUPUNCTURIST; TO AMEND SECTION 40-47-710, RELATING TO THE ACUPUNCTURE ADVISORY COMMITTEE, SO AS TO CLARIFY THAT THREE MEMBERS, RATHER THAN FOUR, CONSTITUTE A QUORUM OF THE FIVE MEMBER BOARD; TO AMEND SECTION 40-47-725, RELATING, AMONG OTHER THINGS, TO CONDITIONS UNDER WHICH PERSONS PRACTICING ACUPUNCTURE SINCE 1980 ARE EXEMPT FROM LICENSURE, SO AS TO ALSO APPLY THESE CONDITIONS FOR EXEMPTION FROM LICENSURE TO PERSONS PRACTICING AURICULAR THERAPY SINCE 1997; TO AMEND SECTION 40-47-745, RELATING TO PENALTIES AND SANCTIONS FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE AND FOR THE UNAUTHORIZED USE OF CERTAIN TITLES, SO AS TO SPECIFY TITLES THAT LICENSED ACUPUNCTURISTS MAY USE SUBJECT TO APPROVAL OF THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL SECTION 40-47-730 RELATING TO AURICULAR THERAPY LICENSURE REQUIREMENTS.

Be it enacted by the General Assembly of the State of South Carolina:

Auricular detoxification therapy

SECTION    1.    Section 40-47-755 of the 1976 Code, as added by Act 10 of 2005, is amended to read:

"Section 40-47-755.    Auricular detoxification therapy may take place under the supervision of a licensed acupuncturist or a person licensed to practice medicine under this chapter. A treatment by an auricular detoxification specialist is strictly limited to the five ear-point treatment protocol for detoxification, substance abuse, or chemical dependency as stipulated by NADA."

Acupuncture Advisory Committee meetings

SECTION    2.    Section 40-47-710(C) of the 1976 Code, as added by Act 10 of 2005, is amended to read:

"(C)    The committee shall meet at least two times yearly and at other times as may be necessary. Three members constitute a quorum. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman, vice chairman, and secretary to serve for a term of one year."

Licensing of current acupuncture and auricular therapy practitioners

SECTION    3.    Section 40-47-725(B) of the 1976 Code, as added by Act 10 of 2005, is amended to read:

"(B)    An individual who has continuously practiced acupuncture in this State since 1980 or auricular therapy since 1997, who has remained in good standing, must be issued a license and renewal licenses without meeting the requirements of this chapter after submitting:

(1)    a completed application as prescribed by the board; and

(2)    fees as provided for in Section 40-47-800."

Unauthorized practice; penalty; title usage

SECTION    4.    Section 40-47-745(A) of the 1976 Code, as added by Act 10 of 2005, is amended to read:

"(A)(1)(a)    It is unlawful for a person to hold himself out as an acupuncturist, auricular therapist, or auricular detoxification specialist without being licensed pursuant to this article, during a period of suspension, or after his or her license has been revoked by the board.

(b)    A person who violates subsection (A)(1)(a) is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned not more than ninety days, or both.

(2)    The titles 'Licensed Acupuncturist' (L.Ac.) and 'Acupuncturist' may only be used by a person licensed to practice acupuncture pursuant to this article. Further, a person licensed to practice auricular therapy or auricular detoxification may not practice acupuncture or hold himself out as an acupuncturist. The title 'Auricular Detoxification Specialist' (ADS) may only be used by a person licensed to practice auricular detoxification therapy pursuant to this article. Possession of a license as an auricular therapist or an auricular detoxification specialist does not, by itself, entitle a person to identify himself or herself as an acupuncturist.

(3)    Subject to the approval of the Board of Medical Examiners, these titles may be used by a person licensed to practice acupuncture pursuant to this article:

(a)    a licensee who holds the Diplomate of Acupuncture from the NCCAOM may use the title 'Doctor of Acupuncture' (D.Ac.);

(b)    a licensee who holds the Diplomate of Oriental Medicine from the NCCAOM may use the title 'Oriental Medicine Doctor' (O.M.D.);

(c)    'Certified Acupuncturist' (C.Ac.);

(d)    'Doctor of Acupuncture' (D.Ac.);

(e)    'Oriental Medicine Doctor' (O.M.D.);

(f)    'Doctor of Oriental Medicine' (D.O.M.);

(g)    'Doctor of Acupuncture and Oriental Medicine' (D.A.O.M.)."

Section repealed

SECTION    5.    Section 40-47-730 of the 1976 Code is repealed.

Time effective

SECTION    6.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2008.

___________________________________________

Governor