98RS HB160

HB160

Unofficial WWW Version


HB 160/FN (BR 1276) - P. Clark

     AN ACT relating to the establishment of a study commission to study the benefits and effects of complementary and alternative medicine.
     Amend KRS 311.550 to provide that the definition of the "practice of medicine or osteopathy" not include the practice of acupuncture; create various new sections of KRS Chapter 309 to define the terms "acupuncture," "board," "moxibustion," "chiropractic physician," "acupuncturist," and "related techniques"; direct that any acupuncturist validly certified by the National Certification Commission for Acupuncture and Oriental Medicine as of the effective date of the Act and residing and practicing acupuncture in Kentucky as of December 31, 1998, be issued a license without an examination upon application to the board; direct that any acupuncturist not validly certified as of the effective date of the Act but residing and practicing in Kentucky as of December 31, 1998, be issued a provisional license conditioned upon becoming certified by the National Commission for the Certification of Acupuncturists within 2 years of the effective date of the Act; provide for the issuance of a nonprovisional license; provide that nothing in the Act be intended to limit, interfere with, or prevent any other class of licensed health care professionals from practicing acupuncture and related techniques when permitted by their state licensing board; entitle a chiropractic physician to practice acupuncture as a part of chiropractic practice after completing an education program in acupuncture from a college accredited by the Council on Chiropractic Education; direct the board by regulation to allow certain exceptions for specified individuals to use and administer acupuncture needling in specified places; prohibit acupuncturists from soliciting for patronage or advertising for patronage by any means which is misleading, fraudulent, deceptive, or dishonest; mandate a duty of the prosecuting attorneys of the state of Kentucky to prosecute to final judgment every criminal violation of the Act when committed within their jurisdiction and authorized by the board; create the 4 member Kentucky State Board of Acupuncture and Related Techniques; provide for board membership, appointment, terms of office, exemption from liability for damages as a result of any official act, and duties; require any person practicing acupuncture and related techniques for compensation in the state to be required to submit evidence that he or she is qualified to practice and licensed under the Act; provide that nothing in the Act be construed to prohibit or require a license to practice medicine and surgery and other specified occupations and professions; set forth unlawful practices related to acupuncture for any person not licensed under the Act; provide for an examination before licensure to practice acupuncture; provide for fees for licensure; provide for conditions under which a license may be revoked, suspended, or restricted; prohibit acupuncturists from using staples; provide for sanitation practices.

HB 160 - AMENDMENTS


     HCS - Delete everything after the enacting clause and replace it with a directive to the Legislative Research Commission to study the benefits and effects of complementary and alternative medicine; set forth commission membership; require a report of findings and recommendations to the year 2000 Regular Session of the General Assembly; provide that if during the study period any alternative medicine treatment under review by the study commission is found to be safe and effective, the alternative medical treatment may be referred to the Kentucky Board of Medical Licensure for consideration for possible approval as part of the practice of medicine.
     HFA (1, P. Clark) - Delete everything after the enacting clause and insert new sections of KRS 311.550; create a study commission to study alternative medicine; appoint members to the commission; require the commission to make a report to the General Assembly and LRC; permit the commission to recommend new treatments to the Kentucky Board of Medical Licensure during the study period; provide $49,000 for staff services to complete the study.
     HFA (2/Title, P. Clark) - Make title amendment.
     HFA (3/Title, B. DeWeese) - Make title amendment
     HFA (4, B. DeWeese) - Revise the membership of the study commission to include three representatives of schools of nonconventional medicine, naturopathy, and acupuncture instead of two representatives of schools of complementary and alternative medicine; add a member of the Coalition for Natural Health to the study commission; authorize the referral of safe and effective alternative medical treatment to the Board of Medical Licensure for consideration for posssible approval as part of the practice of chiropractic in addition to the practice of medicine.
     SCS/FN - Retain the original provisions and add a representative from the Kentucky Osteopathic Medical Association to the study commission and provide that any alternative medical treatment under review by the commission may also be referred to the Kentucky State Board of Chiropractic Examiners for consideration for possible approval.
     SFA (1, R. Sanders Jr) - Direct the study commission to also consider reports and findings provided by the American Chiropractic Association; require referral of safe and effective alternative medical treatment to the Kentucky State Board of Chiropractic Examiners in addition to the Kentucky Board of Medical Licensure.
     SFA (2, R. Sanders Jr) - Direct the study commission to also consider reports and findings provided by the American Chiropractic Association; require referral of safe and effective alternative medical treatment to the Kentucky State Board of Chiropractic Examiners or to the Kentucky Board of Medical Licensure, as appropriate.
     SFA (3, R. Sanders Jr) - Provide that alternate medical treatment deemed safe and effective may be referred to the Kentucky Board of Medical Licensure or the Kentucky State Board of Chiropractic Examiners, for their consideration.

     (Prefiled by the sponsor(s).)

     Jan 6-introduced in House
     Jan 7-to Health and Welfare (H)
     Jan 14-posted in committee
     Jan 27-reported favorably, 1st reading, to Calendar with Committee Substitute
     Jan 28-2nd reading, to Rules
     Feb 4-posted for passage in the Regular Orders of the Day for February 5, 1998
     Feb 10-floor amendment (1) filed to Committee Substitute and Floor Title Amendment (2) filed
     Feb 11-floor title amendment (3) filed
     Feb 17-floor amendment (4) filed to Committee Substitute
     Feb 20-3rd reading, Floor Amendments (1) and (2) Withdrawn; passed 88-1 with Committee Substitute and Floor Amendments (4) and (3 Title)
     Feb 23-received in Senate
     Feb 24-to Health and Welfare (S)
     Mar 5-reported favorably, 1st reading, to Calendar
     Mar 6-2nd reading, to Rules
     Mar 9-recommitted to Appropriations and Revenue (S); floor amendment (1) filed
     Mar 17-reported favorably, to Rules with Committee Substitute as a consent bill
     Mar 18-posted for passage in the Consent Orders of the Day for March 20, 1998
     Mar 20-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; passed over and retained in the Orders of the Day; floor amendment (2) filed
     Mar 23-passed over and retained in the Orders of the Day
     Mar 24-floor amendment (3) filed to Committee Substitute; passed over and retained in the Orders of the Day
     Mar 25-3rd reading, passed 32-4 with Committee Substitute and floor amendment (3)
     Mar 26-received in House; posted for passage for concurrence in Senate amendments
     Mar 31-House concurred in Senate Committee Substitute and Senate floor amendment (3); passed 90-5
     Apr 1-enrolled, signed by each presiding officer, delivered to Governor
     Apr 10-signed by Governor


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