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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 3, 2008
S. 799
S. Printed 4/3/08--H. [SEC 4/4/08 2:02 PM]
Read the first time January 30, 2008.
To whom was referred a Bill (S. 799) to amend Section 40-47-755 of the 1976 Code, relating to physicians, surgeons, and osteopaths, to delete the requirement that auricular detoxification therapy take place under, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/Section 1. 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. Four 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."
SECTION 2. 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."
SECTION 3. Section 40-47-745(A) of the 1976 Code, as added by Act 10 of 2005, is amended to read:
"(A) It is unlawful for a person not licensed under this article to hold himself out as an acupuncturist, auricular therapist, or auricular detoxification specialist. The titles "Licensed Acupuncturist" (L.Ac.) and "Acupuncturist" may only be used by a person licensed to practice acupuncture pursuant to this article. A licensee who holds the Diplomate of Acupuncture from the NCCAOM shall use the title 'Doctor of Acupuncture' (D.Ac.). A licensee who holds the Diplomate of Oriental Medicine from the NCCAOM shall use the title 'Oriental Medicine Doctor' (O.M.D.). The titles 'Licensed Acupuncturist' (L.Ac.), Certified Acupuncturist' (C.Ac.), 'Doctor of Acupuncture' (D.Ac.), 'Oriental Medicine Doctor' (O.M.D.), 'Doctor of Oriental Medicine' (D.O.M.), 'Doctor of Acupuncture and Oriental Medicine' (D.A.O.M.), 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. A person who holds 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 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."
SECTION 4. Section 40-47-730 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
LEON HOWARD for Committee.
EXPLANATION OF IMPACT:
The Department of Labor, Licensing and Regulation report that there is no fiscal impact on the state general fund or on federal and/or other funds.
Approved By:
Harry Bell
Office of State Budget
TO AMEND SECTION 40-47-755 OF THE 1976 CODE, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, TO DELETE THE REQUIREMENT THAT AURICULAR DETOXIFICATION THERAPY TAKE PLACE UNDER THE DIRECT SUPERVISION OF A LICENSED ACUPUNCTURIST.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-47-755 of the 1976 Code is amended to read:
"Section 40-47-755. Auricular detoxification therapy may take place under the direct 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."
SECTION 2. This act takes effect upon approval by the Governor.
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