HB 17 (BR 87) - D. Butler, J. Wayne
AN ACT relating to acupuncture.
Create new sections of KRS Chapter 311 to license acupuncturists; define terms; require any person who practices acupuncture or who holds himself or herself out as an acupuncture practitioner to be licensed; establish criteria for licensure; exempt other licensed professionals working within the scope of their practice; establish 8-member advisory council under the State Board of Medical Licensure; establish council's duties, to include advising board on continuing education, standards of practice, and more; require an acupuncturist to review a patient's diagnosis if the patient is being treated by a physician; require the acupuncturist to obtain informed consent from the patient and to disclose to the patient the practitioner's qualifications and possible risks of treatment; require patient with pre-existing conditions to consult with his or her physician before taking acupuncture treatment; establish criteria to discipline acupuncturists; permit the board to revoke, suspend, deny, or impose probationary conditions upon a licensee who fails to conform to standards of acupuncture practice; and set caps on fees for initial licensure and renewal.
HB 17 - AMENDMENTS
HCS - Retain original provisions; change terminology throughout the bill from "licensed acupuncturist" to "certified acupuncturist" and references to licensure are adjusted to reflect certification; revise Section 3 to provide that members of the Acupuncture Advisory Council shall be appointed by the Board of Medical Licensure rather than the Governor; adjust membership of the committee and five members shall constitute a quorum; make reimbursement consistent with state travel policies; delete required activities of the board; amend Section 4 to include original provisions of Section 5 to provide for certification by endorsement for acupuncturists authorized to practice in another state, and to provide for denial of certification without a prior evidentiary hearing; renumber subsequent sections; add provisions for temporary certification; provide exemption for persons performing activities, services, or titles covered by this act as part of their employment by the federal government; expand "potentially serious disorders" to include pregnancy, diabetes, and cancer; delete the maximum renewal fee; establish a maximum of $2,000 for fines; specify applicable statutes for disciplinary proceedings; add provisions for a petition to reissue a revoked license; add a section to provide an emergency order to suspend, limit, or restrict an acupuncturist's certificate.
HFA (1, D. Butler) - Amend KRS 312.017 to delete proscription against chiropractors practicing acupuncture.
SCS - Retain original provisions; add to the certification requirements that prior to July 1, 2007, an applicant that does not have 1,800 hours of training may be certified if the applicant meets other requirements and passes the specified examination, and that after July 1, 2007 the applicant is required to meet all certification requirements.
SFA (1, T. Buford) - Retain original provisions; amend Section 4 to permit a person who does not meet the education requirements, but meets the other requirements of the section, to be certified if they pass the examination required by this section prior to July 1, 2007; on and after July 1, 2007, all provisions of the section must be met before initial certification as an acupuncturist may be granted.
SFA (2, E. Harris) - Retain original provisions; amend Section 4 to permit a person who does not meet all requirements of the section to be certified if he or she meets the requirements of paragraphs (a) and (b) and passes an examination given by the Commission for the Certification of Acupuncture and Oriental Medicine or the International Academy of Medical Acupuncture before July 1, 2007; require candidates for certification to complete a "clean needle course"; require examinations to be offered in Louisville a minimum of four times between July 1, 2006, and July 1, 2007; restrict the cost of the examination to $400 or less each; issue temporary certificates to each applicant; require temporary certificates to expire on July 1, 2007, or upon issuance of a permanent certificate; amend Section 15 to provide that petitions for judicial review may also be filed in the county where the acupuncturist is located.
SFA (3, E. Harris) - Retain original provisions; amend Section 4 to permit a person who does not meet all requirements of the section to be certified if he or she meets the requirements of paragraphs (a) and (b) and passes an examination given by the Commission for the Certification of Acupuncture and Oriental Medicine or the International Academy of Medical Acupuncture before July 1, 2007; require candidates for certification to complete a "clean needle course"; require examinations to be offered in Louisville a minimum of four times between July 1, 2006, and July 1, 2007; restrict the cost of the examination to $400 or less each; issue temporary certificates to each applicant; provide that temporary certificates shall expire on July 1, 2007, or upon issuance of a permanent certificate.
(Prefiled by the sponsor(s).)
Sep 7-To: Interim Joint Committee on Licensing and Occupations
Jan 3-introduced in House; to Health and Welfare (H)
Jan 6-reassigned to Licensing and Occupations (H)
Jan 10-posted in committee
Feb 1-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 2-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 3, 2006
Feb 6-floor amendment (1) filed to Committee Substitute
Feb 7-3rd reading, passed 96-0 with Committee Substitute
Feb 8-received in Senate
Feb 10-to Licensing, Occupations & Administrative Regulations (S)
Feb 21-reported favorably, 1st reading, to Calendar
Feb 22-2nd reading, to Rules
Feb 23-floor amendment (1) filed
Mar 1-posted for passage in the Regular Orders of the Day for Tuesday, March 7, 2006
Mar 7-passed over and retained in the Orders of the Day
Mar 8-passed over and retained in the Orders of the Day; floor amendments (2) and (3) filed
Mar 9-taken from the Regular Orders of the Day; recommitted to Health and Welfare (S)
Mar 15-reported favorably, to Rules with Committee Substitute as a Consent Bill
Mar 22-posted for passage in the Consent Orders of the Day for Thursday, March 23, 2006
Mar 23-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; 3rd reading; floor amendments (1) (2) and (3) ruled out of order ; passed 36-0 with Committee Substitute
Mar 24-received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute for Friday, March 24, 2006
Apr 10-House concurred in Senate Committee Substitute ; passed 95-0; enrolled, signed by each presiding officer; delivered to Governor
Apr 24-signed by Governor (Acts ch. 249)