S 0141 General Bill, By Ford
 A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE REGULATION OF AND LICENSURE OF PHYSICIANS AND OTHER HEALTH
 CARE PROFESSIONALS, BY ADDING ARTICLE 7 SO AS TO, AMONG OTHER THINGS,
 ESTABLISH A REGULATORY BOARD TO GOVERN THE PRACTICE OF ACUPUNCTURE IN THE
 STATE, TO ESTABLISH EDUCATIONAL CRITERIA FOR LICENSURE, AND TO ESTABLISH
 PENALTIES FOR VIOLATIONS.

   12/16/98  Senate Prefiled
   12/16/98  Senate Referred to Committee on Medical Affairs
   01/12/99  Senate Introduced and read first time SJ-57
   01/12/99  Senate Referred to Committee on Medical Affairs SJ-57

TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AND LICENSURE OF PHYSICIANS AND OTHER HEALTH CARE PROFESSIONALS, BY ADDING ARTICLE 7 SO AS TO, AMONG OTHER THINGS, ESTABLISH A REGULATORY BOARD TO GOVERN THE PRACTICE OF ACUPUNCTURE IN THE STATE, TO ESTABLISH EDUCATIONAL CRITERIA FOR LICENSURE, AND TO ESTABLISH PENALTIES FOR VIOLATIONS.

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

SECTION 1. Sections 40-47-70 and 40-47-75 are repealed.

SECTION 2. Chapter 47, Title 40 of the Code is amended by adding:

"ARTICLE 7

It is the purpose of this article to promote the health, safety, and welfare of the people of this State by establishing an orderly system of acupuncture licensing and to provide a valid, effective means of establishing licensing requirements without undue financial burden to the people of this State, through use of a national certifying board which has been established to certify the competency of acupuncturists.

Section 40-47-800. As used in this article, unless the context requires otherwise:

(1) 'Acupuncture' means a form of health care developed from traditional and modern Oriental medical concepts that employs Oriental medical diagnosis and treatment, and adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease.

(2) 'Board' means the Acupuncture Licensing Board.

(3) 'NACSCAOM' means the National Accreditation Commission for Schools and Colleges of Acupuncture and Oriental Medicine.

(4) 'NCCA' means the National Commission for the Certification of Acupuncturists.

(5) 'Practice of acupuncture' means the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based upon Oriental medical diagnosis as a primary mode of therapy. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, thermal, electrical, and electromagnetic treatment, and the recommendation of dietary guidelines and therapeutic exercise based on traditional Oriental medicine concepts.

Section 40-47-810. It is unlawful to practice acupuncture in this state without a license issued pursuant to the provisions of this article. This restriction does not apply to any of the following persons:

(1) A physician licensed under Article 1 of this chapter.

(2) A student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the board.

(3) A licensed chiropractor authorized to practice in this State.

Section 40-47-820. (A) There is created within the Department of Labor, Licensing and Regulation as Acupuncture Licensing Board. The board is comprised of seven members which must be appointed as follows: three appointed by the Governor and four appointed by the General Assembly. One of the three members appointed by the Governor must be a lay person not employed in a health care profession; the two remaining appointees must be licensed physicians who have completed at least 200 hours of Category I American Medical Association credit in medical acupuncture training as recommended by the American Academy of Medical Acupuncture. Of the four members appointed by the General Assembly, two must be licensed physicians who regularly employ acupuncture in their practice through the use of supervised patient referrals; one must be a licensed physical therapist authorized to practice in this State; and the remaining appointee must be a lay person not employed in a health care profession. Of the members to be appointed by the General Assembly, two must be appointed upon the recommendation of the Speaker of the House of Representatives, and two must be appointed upon recommendation of the President Pro Tempore of the Senate.

Members serve at the pleasure of the appointing authority. Vacancies must be filled by the original appointing authority for the balance of the unexpired term. A vacancy by a member appointed by the General Assembly may be filled by an interim appointment by the Governor if the General Assembly is not in session. Any person appointed in an interim capacity serves until the next regularly scheduled convening of the General Assembly and shall continue to serve until a successor is appointed for terms of three years.

(B) All members of the board must be appointed for terms of three years. Persons appointed to serve as the initial board shall serve as follows: one member for a term of one year; three members for terms of two years; and three members three years. No person may serve more than two consecutive full terms as members of the board.

(C) The members of the board shall choose from among the membership each year one person to chair the board and one person to serve as secretary. However, no member may be chosen to serve as chairman for more than four consecutive years.

(D) The board shall meet at least once each year and as often thereafter as necessary to accomplish its duties.

(E) Members of the board are entitled to receive compensation, travel reimbursement and subsistence.

Section 40-47-830. In order to fulfill the official dutiesthe Board is empowered to:

(1) issue, suspend, and revoke licenses, collect ffees, investigate violations of this article and otherwise administer the provisions of this article;

(2) promulgate regulations to implement the provisions of this article;

(3) issue advisory opinions interpreting this article;

(4) seek injunction relief through the Administrative Law Judge Division and the circuit courts of this State to enjoin violations this State;

(5) adopt and use a seal to authenticate official documents of the board;

(6) expend funds appropriated to the board and employ all personnel as necessary to enforce the provisions of this article; and

(7) expend from the funds generated by the collections of fees and interest earned on the same all revenues necessary to fulfill the duties under this article.

Section 40-47-840. (1) To receive a license to practice acupuncture, a person must document:

(a) current active status as a diplomat in acupuncture of the NCCA;

(b) successful completion of a three-year postsecondary training program or acupuncture college program which is NACSCAOM accredited or in candidacy status or which meets NACSCAOM's standards; and

(c) successful completion of an NCCA clear needle technique course.

(2) The requirements of subsection (1) shall not apply to a resident applicant residing in this State at the time of passage of this law, who presents evidence satisfactory to the board no later than December 31, 2001, of successful completion of a board-approved college program or a board-approved apprenticeship or tutorial program. The provisions of subsection (1) shall also be waived for an applicant who can document licensure and good standing in a state which has educational and licensure standards substantially equivalent to the standards imposed by this article. Applicants meeting the above requirements shall be granted a license to practice if they are otherwise determined to be in good standing by the board.

Section 40-47-850. The license to practice acupuncture must be renewed every two years. To renew a license, a person must submit proof of current active NCCA certification in acupuncture.

Section 40-47-860. The board may deny, suspend, or revoke a license, require remedial education, or issue a letter of reprimand, if an applicant or licensed acupuncturist:

(1) engages in false or fraudulent conduct which demonstrates an unfitness to practice acupuncture, including:

(a) misrepresentation in connection with an application for a license or an investigation by the board;

(b) attempting to collect fees for services which were not performed;

(c) false advertising, including, but not limited to, guaranteeing that cure will result from an acupuncture treatment; or

(d) dividing or agreeing to divide a fee for acupuncture services with anyone for referring the patient.

(2) fails to exercise proper control over one's practice by:

(a) aiding an unlicensed person in practicing acupuncture;

(b) delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform; or

(c) failing to exercise proper control over unlicensed personnel working with the acupuncturist in the practice.

(3) fails to maintain records in a proper manner by:

(a) failing to keep written records describing the course of treatment for each patient;

(b) refusing to provide a patient upon request records that have been prepared for or paid for by the patient; or

(c) revealing personally identifiable information about a patient, without consent, unless otherwise allowed by law.

(4) Fails to exercise proper care for a patient, including:

(a) abandoning or neglecting a patient without making reasonable arrangements for the continuation of care; or

(b) exercising or attempting to exercise undue influence within the acupuncturist/patient relationship by making sexual advances or requests for sexual activity, or making submission to such conduct a condition of treatment.

(5) displays habitual substance abuse or mental impairment to such a degree as to interfere with the ability to provide safe and effective treatment;

(6) is convicted or pleads guilty or not contest to any crime which demonstrates an unfitness to practice acupunture;

(7) negligently fails to practice acupuncture with the level of skill recognized within the profession as acceptable under such circumstances;

(8) wilfully violates any provision of this article or regulation of the board; or

(9) has had a license denied, suspended, or revoked in another jurisdiction for any reason which would be grounds for such action in this State.

Section 40-47-870. (1) The titles 'Licensed Acupuncturist' and 'Acupuncturist' may be used by, and only by, persons licensed under this article. Possession of a license under this article does not by itself entitle a person to identify himself or herself as a doctor or physician.

(2) Each person licensed to practice acupuncture shall post the license in a conspicuous location at the person's place of practice.

Section 40-47-880. Nothing in this article shall be construed to require direct third-party reimbursement to persons licensed under this article.

Section 40-47-890. All duties and responsibilities for regulation of the practice of acupuncture currently being exercised by the Board of Medical Examiners are hereby devolved upon the Acupuncture Licensing Board under the supervision of the Department of Labor, Licensing and Regulation.

SECTION 3. This act takes effect upon approval by the Governor.