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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Hayes
Document Path: l:\s-res\rwh\001acup.mrh.doc
Introduced in the Senate on May 30, 2007
Introduced in the House on January 30, 2008
Last Amended on May 29, 2008
Passed by the General Assembly on May 29, 2008
Governor's Action: June 11, 2008, Vetoed
Legislative veto action(s): Veto sustained
Summary: Physicians, surgeons, and osteopaths
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/30/2007 Senate Introduced and read first time SJ-3 5/30/2007 Senate Referred to Committee on Medical Affairs SJ-3 1/23/2008 Senate Committee report: Favorable Medical Affairs SJ-15 1/24/2008 Senate Read second time SJ-8 1/24/2008 Scrivener's error corrected 1/29/2008 Senate Read third time and sent to House SJ-6 1/30/2008 House Introduced and read first time HJ-9 1/30/2008 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-9 4/3/2008 House Committee report: Favorable with amendment Medical, Military, Public and Municipal Affairs HJ-5 4/4/2008 Scrivener's error corrected 4/9/2008 House Amended HJ-34 4/9/2008 House Read second time HJ-35 4/10/2008 House Read third time and returned to Senate with amendments HJ-30 4/17/2008 Senate Non-concurrence in House amendment SJ-29 4/23/2008 House House insists upon amendment and conference committee appointed Reps. Parks, Herbkersman, and Spires HJ-2 4/23/2008 Senate Conference committee appointed Hayes, Lourie and Bryant SJ-29 5/21/2008 Senate Free conference powers granted SJ-63 5/21/2008 Senate Free conference committee appointed Hayes, Lourie, and Bryant SJ-63 5/21/2008 Senate Free conference report adopted SJ-63 5/29/2008 House Free conference powers granted HJ-48 5/29/2008 House Free conference committee appointed Reps. Parks, Herbkersman, and Spires HJ-49 5/29/2008 House Free conference report received and adopted HJ-49 5/29/2008 Senate Ordered enrolled for ratification SJ-135 6/5/2008 Ratified R 344 6/11/2008 Vetoed by Governor 6/25/2008 Senate Veto sustained Yeas-19 Nays-11 6/25/2008 Senate Reconsider vote whereby veto was sustained 6/25/2008 Senate Veto overridden by originating body Yeas-30 Nays-9 6/25/2008 House Veto sustained Yeas-6 Nays-94
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VERSIONS OF THIS BILL
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.
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 5. Section 40-47-730 of the 1976 Code is repealed.
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.
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