Subchapter I. REGISTRATION AND PRACTICE OF
ACUPUNCTURISTS
Sec.
25.301. Definitions.
25.302. Licensure as an acupuncturist and registration as an acupuncturist supervisor.
25.303. Requirements for licensure as an acupuncturist and registration as an acupuncturist supervisor.
25.304. Biennial registration requirements.
25.305. Practice responsibilities of acupuncturist who is not an osteopathic physician.
25.306. Responsibilities of acupuncturist supervisor.
25.307. Notice responsibilities.
25.308. Disciplinary and corrective measures.
Authority The provisions of this Subchapter I issued under the Acupuncture Registration Act (63 P.S. § § 1801—1807); and section 13a(d) of the Osteopathic Medical Practice Act (63 P.S. § 271.13a(d)), unless otherwise noted.
Source The provisions of this Subchapter I adopted January 21, 1994, effective January 22, 1994, 24 Pa.B. 514, unless otherwise noted.
§ 25.301. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Acupuncture—The stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or alleviate the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body.
Acupuncture examination—An examination offered or recognized by the Board to test whether an individual has accumulated sufficient academic knowledge with respect to the practice of acupuncture to qualify for the privilege of practicing as an acupuncturist. The term includes the combination of the NCCA examinations in acupuncture and sterilization procedures. The Board may approve other examinations acceptable to it.
Acupuncture medical program—An academic or clinical program of study in acupuncture which is acceptable to the Board and has been given category I or II continuing education credit in an institution accredited or recognized by the AOA or the Accreditation Council on Continuing Medical Education to conduct these courses.
Acupuncture program—An academic and clinical program of study in acupuncture which has been approved by the Board or by an accrediting body recognized by the Board.
Acupuncturist—An individual licensed to practice acupuncture by the Board.
Acupuncturist supervisor—An osteopathic physician registered with the Board as a supervisor of acupuncturists.
General supervision—An acupuncturist supervisor doing the following in supervising an acupuncturist:(i) Performing a medical diagnostic examination or reviewing the results of a recently performed medical diagnostic examination with respect to an ailment or condition to be treated by acupuncture prior to the treatment.
(ii) Being personally available to the acupuncturist for consultation on the premises or being available by telephone contact, chart review or other means approved by the Board.
(iii) Placing conditions and restrictions on the course of treatment if that action is required as a matter of sound osteopathic medical practice.
NCCA—The National Commission for the Certification of Acupuncturists.
Authority The provisions of this § 25.301 amended under section 16 of the Osteopathic Medical Practice Act (63 P.S. § 271.16); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 25.301 amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8218. Immediately preceding text appears at serial page (347380).
Cross References This section cited in 49 Pa. Code § 5.81 (relating to unprofessional and immoral conduct).
§ 25.302. Licensure as an acupuncturist and registration as an acupuncturist supervisor.
(a) An osteopathic physician who intends to practice acupuncture and other individuals who intend to practice acupuncture at the direction and under the supervision of an osteopathic physician shall be licensed by the Board as an acupuncturist.
(b) Only an osteopathic physician registered as an acupuncturist supervisor may delegate the performance of acupuncture services to an acupuncturist. An acupuncturist who is not an osteopathic physician may only perform acupuncture services under the direction and supervision of an acupuncturist supervisor, unless otherwise authorized by statute.
Authority The provisions of this § 25.302 amended under section 16 of the Osteopathic Medical Practice Act (63 P.S. § 271.16); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 25.302 amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8218. Immediately preceding text appears at serial page (347381).
Cross References This section cited in 49 Pa. Code § 5.81 (relating to unprofessional and immoral conduct).
§ 25.303. Requirements for licensure as an acupuncturist and registration as an acupuncturist supervisor.
(a) The Board will register as an acupuncturist a nonosteopathic physician who satisfies the following requirements:
(1) Has successfully completed an acupuncture program which includes a course in needle sterilization techniques.
(i) If the acupuncture education program is taken within the United States, the applicant shall complete 2 academic years of acupuncture training and shall complete 2 academic years of a college level educational program.
(ii) If the educational program is taken outside of the United States, an applicant shall graduate from a college with a program of study including Oriental medicine and document 300 class hours of study in acupuncture training.
(2) Has obtained a passing grade on an acupuncture examination or has been certified by the NCCA by credential review. The Board accepts the passing grade on the certifying examination of the NCCA as determined by the NCCA, and accepts a passing grade on any state’s acupuncture examination taken prior to January 1, 1987, as determined by the licensing or registering authority in the other state. If the examination was not taken in English, but is otherwise acceptable and a passing score was secured, the Board will accept the examination result if the applicant has also secured a passing score on the test of English as a Foreign Language (TOEFL®).
(2.1) Completes at least 3 hours of mandatory training in child abuse recognition and reporting in accordance with § 25.417(a) (relating to child abuse recognition and reporting—mandatory training requirement).
(3) Submits an application for licensure as an acupuncturist accompanied by the required fee.
(b) The Board will license as an acupuncturist an osteopathic physician who satisfies the following requirements:
(1) Has successfully completed 200 hours of training in acupuncture medical programs including examinations required by those programs or has engaged in clinical acupuncture practice for at least 3 years prior to January 1, 1987, documented to the satisfaction of the Board.
(1.1) Completes at least 3 hours of mandatory training in child abuse recognition and reporting in accordance with § 25.417(a) (relating to child abuse recognition and reporting—mandatory training requirement).
(2) Submits an application for licensure as an acupuncturist accompanied by the required fee.
(c) The Board will register as an acupuncturist supervisor an osteopathic physician who satisfies the following requirements:
(1) Possesses a license without restriction.
(2) Submits an application to register as an acupuncturist supervisor accompanied by the required fee.
Authority The provisions of this § 25.303 amended under section 16 of the Osteopathic Medical Practice Act (63 P.S. § 271.16); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 25.303 amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8218. Immediately preceding text appears at serial pages (347381) to (347382).
Cross References This section cited in 49 Pa. Code § 5.81 (relating to unprofessional and immoral conduct).
§ 25.304. Biennial registration requirements.
(a) An acupuncturist shall register biennially, complete at least 2 hours of approved courses in child abuse recognition and reporting in accordance with § 25.417(b) (relating to child abuse recognition and reporting—mandatory training requirement) and submit the appropriate registration fee to engage in the practice of acupuncture for the biennial period.
(b) There is no biennial registration requirement for an acupuncturist supervisor.
Authority The provisions of this § 25.304 amended under section 16 of the Osteopathic Medical Practice Act (63 P.S. § 271.16); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 25.304 amended December 29, 2023, effective December 30, 2023, 53 Pa.B. 8218. Immediately preceding text appears at serial page (347382).
Cross References This section cited in 49 Pa. Code § 5.81 (relating to unprofessional and immoral conduct).
§ 25.305. Practice responsibilities of acupuncturist who is not an osteopathic physician.
(a) Responsibilities to patient. In relation to the acupuncture patient, the acupuncturist shall comply with the following:
(1) Receive, in writing, from the acupuncturist supervisor, approval to initiate acupuncture treatment.
(2) Comply strictly with conditions or restrictions that may be placed on the course of acupuncture treatment by the acupuncturist supervisor.
(3) Not diagnose a physical or mental ailment or condition or prescribe or dispense a drug.
(4) Comply strictly with sterilization standards relative to aseptic practices.
(b) Responsibility to acupuncturist supervisor. In relation to the acupuncturist supervisor, the acupuncturist shall comply with the following:
(1) Consult promptly with the acupuncturist supervisor regarding a new ailment or condition or a worsened ailment or condition of an acupuncture patient.
(2) Consult with the acupuncturist supervisor upon request of either the acupuncturist supervisor or the acupuncture patient.
(3) Practice acupuncture only under the general supervision of an acupuncturist supervisor.
(c) Scope of acupuncturist’s responsibility.
(1) An acupuncturist is responsible solely for acupuncture evaluation and acupuncture treatment. The medical diagnosis is the responsibility of the acupuncturist supervisor.
(2) An acupuncturist is not required to practice acupuncture in the physical presence of the acupuncturist supervisor or at the location where the acupuncturist supervisor provides osteopathic medical services. Where the acupuncturist may provide acupuncture services without the acupuncture supervisor being physically present, shall be determined by the acupuncture supervisor.
(d) Identification of acupuncturist. An acupuncturist who is not an osteopathic physician shall wear a tag or badge with lettering clearly visible to the patient bearing his name and the title ‘‘acupuncturist.’’
Cross References This section cited in 49 Pa. Code § 5.81 (relating to unprofessional and immoral conduct).
§ 25.306. Responsibilities of acupuncturist supervisor.
(a) Responsibility to acupuncture patient. In relation to the acupuncture patient, the acupuncturist supervisor shall comply with the following:
(1) Perform or review the results of a recently performed medical diagnostic examination with respect to an ailment or condition to be treated by acupuncture before the treatment.
(2) Advise the patient of the results of the medical diagnostic examination and the treatment alternatives.
(3) Place conditions or restrictions on the course of treatment in acupuncture to be provided by the acupuncturist, if conditions or restrictions are required as a matter of sound osteopathic medical practice.
(4) Advise the patient in writing that he is available at reasonable times for consultation by appointment or by telephone. The written notice shall contain an address and telephone number at which the acupuncture supervisor may be reached.
(5) If he is not an acupuncturist, advise the patient in writing that he is not an acupuncturist, that he is not qualified to direct the course of acupuncture treatment and that he does not have responsibility for the course of acupuncture treatment.
(6) Monitor the patient’s progress under acupuncture treatment and comply with normal responsibilities to a patient if the patient does not respond to treatment within the anticipated time.
(b) Responsibility to acupuncturist. In relation to the supervised acupuncturist, the acupuncturist supervisor shall satisfy the following:
(1) Advise the acupuncturist of the results of the medical diagnostic examination that are relevant to acupuncture treatment and of conditions or restrictions that are to be placed on the course of acupuncture treatment.
(2) Not delegate to the acupuncturist the right to prescribe or dispense drugs or the responsibility for diagnosing a physical or mental ailment or condition.
(3) Confer promptly with the acupuncturist in the event of the following:
(i) The acupuncturist supervisor decides to impose conditions or restrictions on the course of acupuncture treatment.
(ii) The patient has requested further consultation with the acupuncturist supervisor.
(iii) The patient’s condition is not improving or the patient requires emergency medical treatment.
(4) Designate an alternative acupuncturist supervisor to provide general supervision of the acupuncturist during periods in which the acupuncturist supervisor is unable to provide general supervision, if the substitute acupuncturist supervisor agrees to accept the responsibility set forth in this section.
(c) Scope of acupuncturist supervisor’s responsibility.
(1) In providing general supervision to the acupuncturist, the acupuncturist supervisor maintains the diagnostic responsibility and the physician-patient relationship. It is the responsibility of the acupuncturist and not of the acupuncturist supervisor to conduct an acupuncture evaluation and perform acupuncture treatment.
(2) An acupuncturist supervisor may not provide general supervision to more than two acupuncturists without applying for and receiving specific approval from the Board.
Cross References This section cited in 49 Pa. Code § 5.81 (relating to unprofessional and immoral conduct).
§ 25.307. Notice responsibilities.
(a) The nonosteopathic physician acupuncturist and the acupuncturist supervisor shall provide written notice to the Board prior to the date when the acupuncturist supervisor is to begin general supervision of the acupuncturist. The written notice shall comply with the following:
(1) Be filled out on a form supplied by the Board.
(2) Provide the name of the acupuncturist supervisor and the acupuncturist and a current address and telephone number at which each can be reached.
(3) Contain an acknowldgement by the acupuncturist supervisor that he understands and agrees to accept his responsibilities to the supervised acupuncturist and the acupuncture patient as set forth in this subchapter.
(4) Contain an acknowledgment by the acupuncturist that he understands and accepts his responsibility to the acupuncturist supervisor and the acupuncture patient as set forth in this subchapter.
(5) Contain the verified signatures of the acupuncturist supervisor and the supervised acupuncturist.
(b) Written notice of termination of an arrangement between an acupuncturist supervisor and an acupuncturist shall be given to the Board by both individuals within 10 days following termination of the relationship. Notice may be provided by both through one document or by each through separate documents.
Cross References This section cited in 49 Pa. Code § 5.81 (relating to unprofessional and immoral conduct).
§ 25.308. Disciplinary and corrective measures.
(a) The Board may refuse, revoke, suspend, limit or attach conditions to the registration of an acupuncturist for engaging in conduct prohibited by section 15 of the act (63 P.S. § 271.15) for Board-regulated practitioners.
(b) The Board will order the emergency suspension of the registration of an acupuncturist who presents an immediate and clear danger to the public health and safety, as required by section 14(a) of the act (63 P.S. § 271.14(a)).
(c) The Board will notify an acupuncturist of the automatic suspension of registration upon the acupuncturist’s commitment to a mental institution or conviction of a drug felony, as required by section 14(b) of the act (63 P.S. § 271.14(b)).
Cross References This section cited in 49 Pa. Code § 5.81 (relating to unprofessional and immoral conduct).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
