PROPOSED RULEMAKING
STATE BOARD OF CHIROPRACTIC
[ 49 PA. CODE CH. 5 ]
Needle Acupuncture
[39 Pa.B. 1004]
[Saturday, February 21, 2009]The State Board of Chiropractic (Board) proposes to amend § 5.81(1)(xv) (relating to unprofessional and immoral conduct) to read as set forth in Annex A.
Effective date
The amendment will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
Statutory Authority
The amendment is authorized under sections 302(3), 506(a)(4) and 506(a)(11) of the Chiropractic Practice Act (act) (63 P. S. §§ 625.302(3), 625.506(a)(4) and 625.506 (a)(11)).
Background and Need for the Amendment
Section 102 of the act (63 P. S. § 625.102) generally defines chiropractic as a branch of the healing arts dealing with the relationship between the articulations of the vertebral column, as well as other articulations, and the neuro-musculo-skeletal system and the role of these relations in the restoration and maintenance of health. This definition explicitly excludes surgery from the scope of chiropractic practice. Without statutory support for the practice of needle acupuncture to be considered part of the practice of chiropractic (as it is in some other jurisdictions), the Board previously prohibited its licensees from advertising or practicing needle acupuncture. Because the Board may take disciplinary action against a licensee who has displayed misconduct in the practice of chiropractic or committed unprofessional conduct, the Board achieved this prohibition by defining misconduct to include advertising or practicing needle acupuncture.
Under the Acupuncture Registration Act (63 P. S. §§ 1801--1806.1), a qualified person may become registered to practice acupuncture by the State Board of Medicine or the State Board of Osteopathic Medicine. Unlike dentists, podiatrists and veterinarians as provided in section 3(h) of the Acupuncture Registration Act (63 P. S. § 1803(h)), a chiropractor seeking to practice acupuncture must become registered with one of these medical boards under the Acupuncture Registration Act and be subject to regulation of that medical board. Although it is not the practice of chiropractic, the Board sees no compelling basis to prohibit the practice of acupuncture by a licensed chiropractor who is registered with a medical board to practice acupuncture and is acting in accordance with that medical board's regulations concerning the practice of acupuncture.
Description of the Proposed Amendments
The proposed rulemaking would amend § 5.81(1)(xv). A licensee who is registered to do so by the State Board of Medicine or the State Board of Osteopathic Medicine and acting in accordance with the act and regulations of the appropriate medical board would not be subject to the prohibition against advertising or practicing needle acupuncture.
Fiscal Impact and Paperwork Requirements
The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 11, 2009, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Regulatory Unit Counsel, Department of State, by mail at P. O. Box 2649, Harrisburg, PA 17105-2649, or by e-mail at st-chiro@state.pa.us, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Please reference No. 16A-4317 (Needle acupuncture), when submitting comments.
JONATHAN W. MCCULLOUGH, D. C.,
ChairpersonFiscal Note: 16A-4317. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 13. STATE BOARD OF CHIROPRACTIC
Subchapter H. DISCIPLINARY ACTION § 5.81. Unprofessional and immoral conduct.
A licensee who engages in unprofessional or immoral conduct is subject to disciplinary action in accordance with section 506 of the act (63 P. S. § 625.506).
(1) Unprofessional conduct includes the following.
* * * * * (xv) Practicing or advertising needle acupuncture, unless the licensee is registered to do so by the State Board of Medicine or the State Board of Osteopathic Medicine and acting in accordance with the Acupuncture Registration Act (63 P. S. §§ 1801--1806.1) and regulations of the State Board of Medicine in §§ 18.11--18.18 (relating to registration and practice of acupuncturists) or regulations of the State Board of Osteopathic Medicine in §§ 25.301--25.308 (relating to registration and practice of acupuncturists).
* * * * *
[Pa.B. Doc. No. 09-299. Filed for public inspection February 20, 2009, 9:00 a.m.]
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