00RS HB566


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HB 566/FN (BR 1941) - J. Jenkins, T. Burch, S. Alexander, R. Palmer, G. Stumbo

     AN ACT relating to acupuncture.
     Create new sections of KRS Chapter 311 to license acupuncture practitioners; define terms; require any person who practices acupuncture or who holds himself or herself out as an acupuncture practitioner to be licensed; exempt other licensed professionals working within the scope of their practice from this Act; permit licensing by endorsement if original state of licensing has requirements that meet or exceed Kentucky's; permit the provisional licensing of those with prior experience; require person with provisional license to meet board requirements within one year or cease to practice; cap licensing and renewal fees at $200; establish 7-member advisory council; establish council's duties to include advising board on licensing, hearings, continuing education programs, standards of practice, and more; require an acupuncture practitioner to review the patient's diagnosis if the patient is being treated by a physician; require the practitioner to obtain informed consent from the patient and to disclose to the patient the practitioner's qualifications and the treatment's risk; require the practitioner to direct the patient to consult with his or her primary care physician about acupuncture treatment if the patient has specified preexisting conditions; require that needles used be sterilized and comply with federal standards; establish standards for content of patients record; establish disciplinary grounds; amend KRS 311.550 to exclude the practice of acupuncture from the definition of the practice of medicine and osteopathy.


     HCS/FN - Retain original provisions except specify that provisions do not apply to acupuncturists performing teaching duties that do not include services to a patient, demonstration of services to a patient, or supervision of services to a patient; specify that provisions do not apply to certain licensed practitioners, and chiropractors who practice acupuncture that are governed by the provisions of KRS Chapter 312; specify that persons not licensed may engage in auricular acupuncture for treatment of alcoholism or chemical dependency but the person must pay a fee to the board; change membership of the Acupuncture Advisory Council from 7 to 11 members to include representatives of the three medical schools and a doctor of chiropractic; increase the number of one year terms from 1 to 3; specify the duties of the advisory council in during the initial 6 months and ongoing responsibilities; require an acupuncture practitioner before engaging in practice to have a written agreement with a licensed physician practicing acupuncture or general medicine; require the practitioner to refer the patient to a health care practitioner when a patient has a potentially serious disorder and require a consultation or written diagnosis; permit the board to suspend, revoke, deny, or impose probationary conditions upon proof that the licensee has engaged in sexual conduct with a patient during the professional relationship, failed to conform to standards of acupuncture practice, been convicted of a felony or of a misdemeanor involving moral turpitude, or has violated an agreed order of the board; amend KRS 312.019 to permit the chiropractic board to promulgate administrative regulations governing the use of acupuncture with the scope of chiropractic practice.
     HFA (1, J. Gray) - Amend to require that physician profiles setting out the education, training, and board certifications of physicians be developed; include in each profile information as to the hospitals in which the doctor has privileges, the doctor's published writings, and pending or actual malpractice suits against the physician; require the board to transmit information to the public at no charge; require disclosure that a settlement does not necessarily reflect negatively on the physician.

     Feb 3-introduced in House
     Feb 4-to Health and Welfare (H)
     Feb 8-posted in committee
     Mar 7-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 8-2nd reading, to Rules
     Mar 9-floor amendment (1) filed to Committee Substitute
     Mar 13-posted for passage in the Regular Orders of the Day for Tuesday, March 14, 2000
     Mar 15-3rd reading; floor amendment (1) ruled not germane ; Committee Substitute adopted; defeated 46-49 with Committee Substitute

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