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Substitute Senate Bill No. 271

PUBLIC ACT NO. 96-225

AN ACT CONCERNING ACUPUNCTURE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 2 of public act 95-321 is repealed and the following is substituted in lieu thereof:

(a) No person shall perform acupuncture unless he has obtained a license as an acupuncturist pursuant to this section.

(b) Each person seeking licensure as an acupuncturist shall make application on forms prescribed by the department, pay an application fee of one hundred dollars and present to the department satisfactory evidence that he (1) has completed sixty semester hours, or its equivalent, of postsecondary study in an institution of postsecondary education which, if in the United States or its territories, was accredited by a recognized regional accrediting body or, if outside the United States or its territories, was legally chartered to grant postsecondary degrees in the country in which located, (2) has successfully completed a course of study in acupuncture in a program which, at the time of graduation, was in candidate status with or accredited by an accrediting agency recognized by the United States Department of Education and which included a minimum of one thousand three hundred fifty hours of didactic and clinical training, five hundred of which were clinical, (3) has passed an examination prescribed by the department and (4) has successfully completed a course in clean needle technique prescribed by the department.

(c) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (b) OF THIS SECTION, THE DEPARTMENT MAY, NOT LATER THAN THIRTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, ISSUE A LICENSE TO ANY APPLICANT WHO PRESENTS TO THE DEPARTMENT SATISFACTORY EVIDENCE THAT HE (1) HAS COMPLETED SIXTY SEMESTER HOURS OR ITS EQUIVALENT OF POSTSECONDARY EDUCATION WHICH, IF IN THE UNITED STATES OR ITS TERRITORIES, WAS ACCREDITED BY A RECOGNIZED REGIONAL ACCREDITING BODY OR, IF OUTSIDE THE UNITED STATES OR ITS TERRITORIES, WAS LEGALLY CHARTERED TO GRANT POSTSECONDARY DEGREES IN THE COUNTRY IN WHICH LOCATED, OR IS ACCEPTABLE TO THE DEPARTMENT, (2) HAS SUCCESSFULLY COMPLETED A COURSE OF STUDY IN ACUPUNCTURE IN A PROGRAM LOCATED OUTSIDE THE UNITED STATES OR ITS TERRITORIES, FULLY LICENSED AND APPROVED BY THE APPROPRIATE REGULATORY BODY OF THE JURISDICTION IN WHICH LOCATED, OR ACCEPTED BY THE DEPARTMENT AND WHICH INCLUDED A MINIMUM OF ONE THOUSAND THREE HUNDRED FIFTY HOURS OF DIDACTIC AND CLINICAL TRAINING, FIVE HUNDRED HOURS OF WHICH WERE CLINICAL, (3) HAS PASSED AN EXAMINATION PRESCRIBED BY THE DEPARTMENT PURSUANT TO SUBSECTION (b) OF THIS SECTION, OR ITS EQUIVALENT AS PRESCRIBED BY THE DEPARTMENT, (4) HAS SUCCESSFULLY COMPLETED A COURSE IN CLEAN NEEDLE TECHNIQUE PRESCRIBED BY THE DEPARTMENT PURSUANT TO SUBSECTION (b) OF THIS SECTION, AND (5) HAS WORKED CONTINUOUSLY AS AN ACUPUNCTURIST FOR EIGHT YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF AN APPLICATION FOR LICENSURE TO THE DEPARTMENT.

[(c)] (d) Licenses shall be renewed annually in accordance with the provisions of subsection (e) of section 19a-88 of the general statutes, AS AMENDED. The fee for renewal shall be one hundred dollars.

[(d)] (e) No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or territory of the United States.

[(e)] (f) Nothing in public act 95-321, AS AMENDED BY SECTION 1 OF THIS ACT, shall be construed to prevent licensed practitioners of the healing arts, as defined in sections 20-1 and 20-196 of the general statutes, AS AMENDED, physical therapists or dentists from providing care or performing services consistent with accepted standards within their respective professions.

[(f) Nothing in this act shall be construed to prevent the practice of auricular acupuncture in accordance with the provisions of section 19a-89c of the general statutes, as amended by section 4 of this act.]

(g) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (a) OF THIS SECTION, ANY PERSON CERTIFIED BY AN ORGANIZATION APPROVED BY THE COMMISSIONER OF PUBLIC HEALTH MAY PRACTICE AURICULAR ACUPUNCTURE FOR THE TREATMENT OF ALCOHOL AND DRUG ABUSE, PROVIDED THE TREATMENT IS PERFORMED UNDER THE SUPERVISION OF A PHYSICIAN LICENSED UNDER CHAPTER 370 AND IS PERFORMED IN EITHER (1) A PRIVATE FREE-STANDING FACILITY LICENSED BY THE DEPARTMENT OF PUBLIC HEALTH FOR THE CARE OR TREATMENT OF SUBSTANCE ABUSIVE OR DEPENDENT PERSONS, OR (2) A SETTING OPERATED BY THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES. THE COMMISSIONER OF PUBLIC HEALTH SHALL ADOPT REGULATIONS, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 54, TO ENSURE THE SAFE PROVISION OF AURICULAR ACUPUNCTURE WITHIN PRIVATE FREE-STANDING FACILITIES LICENSED BY THE DEPARTMENT OF PUBLIC HEALTH FOR THE CARE OR TREATMENT OF SUBSTANCE ABUSIVE OR DEPENDENT PERSONS.

Sec. 2. Subsection (b) of section 20-28 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Any chiropractor who has complied with the provisions of this chapter may: (1) Practice chiropractic as defined in section 20-24, but shall not prescribe for or administer to any person any medicine or drug included in materia medica, except vitamins, or perform any surgery or practice obstetrics or osteopathy; (2) Examine, analyze and diagnose the human living body and its diseases, and use for diagnostic purposes the x-ray or any other general method of examination for diagnosis and analysis taught in any school or college of chiropractic which has been recognized and approved by the State Board of Chiropractic Examiners; (3) Treat the human body by manual, mechanical, electrical or natural methods, INCLUDING ACUPUNCTURE, or by use of physical means, including light, heat, water or exercise in preparation for chiropractic adjustment or manipulation, and by the oral administration of foods, food concentrates, food extracts or vitamins; (4) Administer first aid and, incidental to the care of the sick, advise and instruct patients in all matters pertaining to hygiene and sanitary measures as taught and approved by recognized chiropractic schools and colleges.

Sec. 3. Section 19a-89c of the general statutes, as amended by section 5 of public act 95-257 and section 4 of public act 95-321, is repealed.

Sec. 4. This act shall take effect from its passage.

Approved June 4, 1996. Effective June 4, 1996.

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