Session of 1999
SENATE BILL No. 144
By Committee on Public Health and Welfare
9 AN ACT concerning acupuncture; providing for the licensure of certain
10 persons to practice acupuncture; establishing an acupuncture review
11 committee; providing for administration by the state board of healing
12 arts; authorizing the fixing and collecting of fees; providing penalties
13 for violations.
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. The purpose of this act is to promote the health, safety
17 and welfare of the people of Kansas by establishing an orderly system of
18 acupuncture licensing and to provide a valid, effective means of estab-
19 lishing licensing requirements without undue financial burden to the peo-
20 ple of Kansas, through use of a national certifying board which has been
21 established to certify the competency of acupuncturists and an acupunc-
22 ture review committee overseen by the board of healing arts.
23 Sec. 2. As used in this act, unless the context requires otherwise:
24 (a) "Acupuncture" means a form of health care developed from tra-
25 ditional and modern Oriental medical concepts that employs Oriental
26 medical evaluation and treatment, and adjunctive therapies and diagnostic
27 techniques, for the promotion, maintenance and restoration of health and
28 the prevention of disease.
29 (b) "Board" means the state board of healing arts.
30 (c) "Committee" means the acupuncture review committee.
31 (d) "NCCAOM" means the national certification commission for ac-
32 upuncture and Oriental medicine.
33 (e) "Practice of acupuncture" means the insertion of acupuncture
34 needles into specific areas of the human body based upon Oriental med-
35 ical theory as a primary mode of therapy. Adjunctive therapies within the
36 scope of acupuncture may include the warming, massage or electrical
37 stimulation of these specific areas, the recommendation of dietary guide-
38 lines and therapeutic exercise based on traditional Oriental medical
40 Sec. 3. (a) It is unlawful to practice acupuncture without a license
41 pursuant to this act. This restriction does not apply to the following:
42 (1) Other health care professionals practicing within the scope of
43 their registration or license.
44 (2) A student practicing acupuncture under the direct supervision of
45 a licensed acupuncturist as part of a course of study.
46 (b) A violation of this section is a class B misdemeanor.
47 Sec. 4. Review committees shall be established and appointed by the
48 state board of healing arts for acupuncture as necessary to advise the
49 board in carrying out the provisions of this act. The acupuncture review
50 committee shall be composed of three members and designated alter-
51 nates appointed by the board. Each of the members and their designated
52 alternates shall serve for a period of two years. All members shall be
53 licensed by the board, or eligible for licensure by the board, to practice
54 acupuncture. Members may be selected from names submitted by the
55 acupuncture and Oriental medicine association of Kansas. The members
56 of the review committee attending meetings of any review committees
57 shall be paid compensation, subsistence allowances, mileage and expenses
58 as provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
59 Sec. 5. The board may:
60 (a) Issue, suspend and revoke licenses, collect fees, investigate vio-
61 lations of this act, and otherwise administer the provisions of this act;
62 (b) adopt rules and regulations to implement the provisions of this
64 (c) issue advisory opinions interpreting this act;
65 (d) sue to enjoin violations of this act. An injunction may be issued
66 even though no person has yet been injured as a result of the unauthor-
67 ized practice;
68 (e) employ such personnel as may be needed to carry out its functions
69 and purchase, lease, rent, sell or otherwise dispose of personal and real
70 property for the operation of the board in administration of this act;
71 (f) expend funds as necessary to carry out the provisions of this act
72 from revenues generated by fees collected under this act.
73 Sec. 6. (a) A person may be licensed to practice acupuncture in this
74 state if the applicant:
75 (1) Is 21 years of age or older and meets one of the following
77 (A) Is actively certified as a diplomate in acupuncture by the
78 NCCAOM; or
79 (B) is actively licensed, certified or registered in a state or jurisdiction
80 of the United States which has eligibility and examination requirements
81 that are at least equivalent to those of the NCCAOM, as determined by
82 the committee and approved by the board; or
83 (C) has practiced acupuncture in the state of Kansas for a minimum
84 of five years;
85 (2) Submits to the board an application on a form provided by the
86 board; and
87 (3) pays the fee specified by the board.
88 (b) The board shall waive the requirements of (a)(1)(A) through (C)
89 and shall grant a license to practice acupuncture to a resident applicant,
90 residing in this state on the effective date of this act, who presents evi-
91 dence satisfactory to the board not later than December 31, 1999, of
92 successful completion of a NCCAOM-approved acupuncture college pro-
93 gram, a NCCAOM-approved apprenticeship or tutorial program or sat-
94 isfactory documentation of an educational program and practice history
95 as recommended by the committee and approved by the board.
96 Sec. 7. (a) Licenses issued pursuant to section 6 and amendments
97 thereto shall expire on July 1 of each odd-numbered year. Renewal ap-
98 plications shall be submitted to the board along with a renewal fee and
99 evidence of satisfactory completion of continuing education units to be
100 determined by the board.
101 (b) A license to practice acupuncture which is not renewed on or
102 before the date of its expiration becomes invalid. Such license may be
103 restored by complying with the provisions of subsection (c).
104 (c) Any acupuncturist who fails to renew such acupuncturist's license
105 on or before the date of its expiration may restore such license as follows:
106 (1) If the application for renewal is submitted to the board not more
107 than two years after the expiration of the applicant's last license, by pay-
108 ment of the fee specified by the board and by providing all documentation
109 required by the board by rule; or
110 (2) if the application for renewal is submitted to the board more than
111 two years after the expiration of the applicant's last license, by payment
112 of the fee specified by the board, and by reapplying as provided in section
113 6, subsections (a) and (b) of this act.
114 Sec. 8. The board may revoke, suspend or limit a licensee's license,
115 or the licensee may be publicly or privately censured, or an application
116 for a license or for reinstatement of a license may be denied upon a
117 finding by the board of the existence of any of the grounds specified in
118 K.S.A. 65-2836 and amendments thereto.
119 Sec. 9. The fees under this act shall be fixed by the board by rules
120 and regulations. Fees collected by the board under this act shall be de-
121 posited in the healing arts fee fund in accordance with K.S.A. 65-2855
122 and amendments thereto.
123 Sec. 10. (a) The titles "licensed acupuncturist" and "acupuncturist"
124 may be used by, and only by, persons licensed under this act. Persons
125 licensed under this act may use the designation L.Ac. Possession of a
126 license under this act does not by itself entitle a person to hold oneself
127 out as a doctor or physician.
128 (b) Each person licensed to practice acupuncture shall post the li-
129 cense in a conspicuous location at the person's place of practice.
130 Sec. 11. Nothing in this act shall be construed to require direct third-
131 party reimbursements to persons licensed under this act.
132 Sec. 12. This act shall take effect and be in force from and after its
133 publication in the statute book.