Session of 1999
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
39       theory.
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
63       act;
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
76       requirements:
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.