49 Pa. Code § 18.15. Practice responsibilities of acupuncturist and practitioner of Oriental medicine who is not a physician; practice responsibilities of an acupuncturist who is licensed as a medical doctor.

§ 18.15. Practice responsibilities of acupuncturist and practitioner of Oriental medicine who is not a physician; practice responsibilities of an acupuncturist who is licensed as a medical doctor.

(a)  Responsibilities to patient and public—acupuncturist who is not a physician. An acupuncturist who is not a physician:
   (1)  Shall perform an acupuncture evaluation and develop an acupuncture treatment plan.
   (1.1)  May treat an individual presenting with no symptoms of a condition for an unlimited period of time.
   (2)  May treat an individual presenting with symptoms of a condition for 60 calendar days from the date of the first treatment without the condition being diagnosed by a physician, dentist or podiatrist.
   (3)  May treat an individual presenting with symptoms of a condition beyond 60 calendar days from the date of first treatment if the patient has obtained an examination and diagnosis from a physician, dentist or podiatrist.
   (4)  Shall promptly refer the patient presenting with symptoms of a condition to a physician, dentist or podiatrist, as appropriate to the patient’s condition, if the acupuncturist determines that further acupuncture treatment is contraindicated for the patient or determines that the patient’s symptoms have worsened.
   (5)  Shall consult with the patient’s physician, dentist, podiatrist or other health care practitioner upon request of the patient.
   (6)  Shall cooperate with the patient’s physician, dentist or podiatrist in regard to the coordination of the patient’s care, and comply with restrictions or conditions as directed by the physician, dentist or podiatrist.
   (7)  May not diagnose a physical or mental ailment or condition or prescribe or dispense a drug. This provision does not prohibit the use of diagnostic billing codes for billing or reimbursement purposes.
   (8)  Shall comply strictly with sterilization standards relative to aseptic practices.
   (9)  Shall maintain patient records in a manner consistent with §  16.95 (relating to medical records).
   (10)  Shall wear a tag or badge with lettering clearly visible to the patient bearing the acupuncturist’s name and the title ‘‘acupuncturist.’’ The use of the words doctor, physician or any title or abbreviation implying licensure as a physician on this tag or badge is prohibited, provided, however, that an individual licensed as an acupuncturist who also possesses a current and active registration as a naturopathic doctor may utilize the title ‘‘doctor of naturopathic medicine’’ or ‘‘naturopathic doctor’’ in addition to the title ‘‘acupuncturist.’’
(b)  [Reserved].
(b.1)  Additional responsibilities to patient and public—practitioner of Oriental medicine who is not a physician. In addition to the responsibilities in subsection (a)(1)—(9), a licensed practitioner of Oriental medicine who provides, or contemplates providing, herbal therapy:
   (1)  Shall perform an herbal therapy evaluation and, if appropriate, develop an appropriate treatment plan utilizing, in whole or in part, East Asian herbology modalities.
   (2)  Shall promptly refer a patient presenting with symptoms of a condition to a physician, dentist or podiatrist, as appropriate to the patient’s condition, if the practitioner of Oriental medicine determines that further treatment of the patient by East Asian herbology modalities is contraindicated for the patient, may interfere with known drugs prescribed to the patient, or determines that the patient’s symptoms have worsened.
   (3)  Shall wear a tag or badge with lettering clearly visible to the patient bearing the licensee’s name, as well as the title ‘‘practitioner of Oriental medicine.’’ The use of the words doctor, physician or any title or abbreviation implying licensure as a physician on this tag or badge is prohibited, provided, however, that an individual licensed as a practitioner of Oriental medicine who also possesses a current and active registration as a naturopathic doctor may utilize the title ‘‘doctor of naturopathic medicine’’ or ‘‘naturopathic doctor’’ in addition to the title ‘‘practitioner of Oriental medicine.’’
(c)  Responsibilities to patient and public—acupuncturist who is currently licensed as a medical doctor. An acupuncturist who also holds a current and active license as a medical doctor in this Commonwealth:
   (1)  Shall include in the patient’s medical records evidence of having performed an acupuncture evaluation and development of an acupuncture treatment plan for patients considered for, or who receive, acupuncture.
   (2)  Shall comply strictly with sterilization standards relative to aseptic practices when providing acupuncture to patients.

Authority

   The provisions of this §  18.15 amended under section 3(b) of the Accupuncture Licensure Act (63 P.S. §  1803(b)); sections 202(6), 203(b) and (c) and 207 of the Naturopathic Doctor Registration Act (63 P.S. § §  272.202(6), 272.203(b) and (c) and 272.207; and section 8 of the Medical Practice Act of 1985 (63 P.S. §  422.8).

Source

   The provisions of this §  18.15 amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 250; amended September 15, 2023, effective September 16, 2023, 53 Pa.B. 5759; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2780. Immediately preceding text appears at serial pages (415582) to (415583).

Cross References

   This section cited in 49 Pa. Code §  5.81 (relating to unprofessional and immoral conduct); and 49 Pa. Code §  18.18 (relating to disciplinary and corrective measures).

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