CHAPTER 147B ACUPUNCTURE PRACTITIONERS MINNESOTA

1113 ACUPUNCTURE PRACTITIONERS 147B.01

CHAPTER 147B

ACUPUNCTURE PRACTITIONERS

147B.01 Definitions

147B 02 Licensure

147B 03 NCCA O M professional deve lopm ent1

activity requirem ents

147B 05 A cup uncture advisory council

147B 06 Pro fessional conduct

147B 07 D iscip line, reporting

147B 08 Fees

147B 04 B oard action on applications

147B.01 DEFINITIONS.

Subdivision 1. Applicability. The definitions in this section apply to this chapter.

Subd. 2. Acupressure. “Acupressure” means the application of pressure to acupunc

ture points.

Subd. 3. Acupuncture practice. “Acupuncture practice” means a comprehensive sys

tem of health care using Oriental medical theory and its unique methods of diagnosis and

treatment. Its treatment techmques include the insertion of acupuncture needles through the

skin and the use of other biophysical methods of acupuncture point stimulation, including the

use of heat, Oriental massage techniques, electrical stimulation, herbal supplemental thera

pies, dietary guidelines, breathing techniques, and exercise based on Oriental medical prin

ciples.

Subd. 4. Acupuncture needle. “Acupuncture needle” means a needle designed exclu

sively for acupuncture purposes. It has a solid core, with a tapered point, and is 0.12 mm to

0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or other board-ap

proved materials as long as the matenals can be sterilized according to recommendations of

the National Centers for Disease Control and Prevention.

Subd. 5. Acupuncture points. “Acupuncture points” means specific anatomically de

scribed locations as defined by the recognized acupuncture reference texts. These texts are

listed in the study guide to the examination for the NCCAOM certification exam.

Subd. 6. Acupuncture practitioner. “Acupuncture practitioner” means a person li

censed to practice acupuncture under this chapter.

Subd. 7. Board. “Board” means the board of medical practice or its designee.

Subd. 8. Blood borne disease. “Blood borne disease” means a disease that is spread

through exposure to blood, inoculation or mjection of blood, or exposure to blood-contami

nated body fluids or tissues. Blood borne disease includes infection caused by such agents as

human immunodeficiency virus (HIV) and hepatitis B virus (HBV).

Subd. 9. Breathing techniques. “Breathing techniques” means Onental breathing ex

ercises taught to a patient as part of a treatment plan

Subd. 10. Cupping. “Cupping” means a therapy in which ajar-shaped instrument is

attached to the skin and negativepressure is created by using suction.

Subd. 11. Dermal friction. “Dermal friction” means rubbing on the surface of the skin,

using topical ointments with a smooth-surfaced instrument without a cutting edge that can

be sterilized or, if disposable, a one-time only use product.

Subd. 12. Diplomate in acupuncture. “Diplomate in acupuncture” means a person

who is certified by the NCCAOM as having met the standards of competence established by

the NCCAOM, who subscnbes to the NCCAOM code of ethics, and who has a cunent and

active NCCAOM certificate. Cunent and active NCCAOM certification indicates success

ful completion of continued professional development and previous satisfaction of

NCCAOM requirements.

Subd. 13. Electrical stimulation. “Electncal stimulation” means a method of stimulat

ing acupuncture points by an electrical cunent of .001 to 100 milliamps, or other cunent as

approved by the board. Electncal stimulation may be used by attachment of a device to an

acupuncture needle or may be used transcutaneously without penetrating the skin.

Subd. 14. Herbal therapies. “Herbal therapies” are the use of herbs and patent herbal

remedies as supplements as part of the treatment plan of the patient.

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147B.01 ACUPUNCTURE PRACTITIONERS

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Subd. 15. Infection control. “Infection control”'means programs, procedures, and

methods to reduce the transmission of agents of infection for the purpose of preventmg or

decreasing the incidence of infectious diseases.

Subd. 16. NCCAOM. “NCCAOM” means the National Certification Commission for

Acupuncture and Oriental Medicine, a not-for-profit corporation organized under section

501(c)(4) of the Internal Revenue Code.

Subd. 17. Needle sickness. “Needle sickness” is a temporary state of nausea and dizzi

ness that is a potential side effect to needle insertion and from which full recovery occurs

when the needles are removed

Subd 18. Oriental medicine. “Oriental medicine” means a system of healmg arts that

perceives the circulation and balance of energy in the body as being fundamental to the well

being of the individual. It implements the theory through specialized methods of analyzing

the energy status of the body and treating the body with acupuncture and other related moda

lities for the purpose of strengthening the body, improving energy balance, maintaining or

restoring health, improving physiological function, and reducing pam.

History: 1995 c 177 s 2; 1998 c 254 art 1 s 38-40

147B.02 LICENSURE.

Subdivision 1 Licensure required. Except as provided under subdivision 4, it is un

lawful for any person to engage in the practice of acupuncture without a valid license after

June 30, 1997. Each licensed acupuncture practitioner shall conspicuously display the li

cense in the place of practice.'

Subd. 2. Designation. A person licensed under this chapter shall use the title of licensed

acupuncturist or L Ac. following the person’s name in all forms of advertising, professional

literature, and billings. A person may not, m the conduct of an occupation or profession per

taining to the practice of acupuncture or in connection with the person’s name, use the words

or letters licensed acupuncturist, Minnesota licensed acupuncturist, or any other words, let

ters, abbreviations, or insignia indicating or implying that a person is an acupuncturist with

out a hcense issued under this section. A student attending an acupuncture training program

must be identified as a student acupuncturist.

Subd. 3. Penalty. A person who violates this section is guilty of a misdemeanor and sub

ject to discipline under section 147.091.

Subd. 4. Exceptions, (a) The following persons may practice acupuncture within the

scope of their practice without an acupuncture license:

(1) a physician licensed under chapter 147;

(2) an osteopath licensed under chapter 147;

(3) a chiropractor licensed under chapter 148;

(4) a person who is studying in a formal coiirse of study or tutorial intern program ap

proved by the acupuncture advisory council established in section 147B.05 so long as the

person’s acupuncture practice is supervised by a licensed acupuncturist;

(5) a visiting acupuncturist practicing acupuncture within an instructional setting for

the sole purpose of teaching at a school registered with the Minnesota higher education ser

vices office, who may practice without a license for a period of one year, with two one-year

extensions permitted; and

(6) a visiting acupuncturist who is in the statefor the sole purpose of providing a tutorial

or workshop not to exceed 30 days in one calendar year.

(b) This chapter does not prohibit a person who does not have an acupuncturist license

from practicing specific noninvasive techniques, such as acupressure, that are within the

scope of practice as set forth in section 147B.06, subdivision 4

Subd. 5. Licensure by equivalency during transitional period, (a) From July 1,1995,

to June 30,1997, a person may qualify for licensure if the person has engaged m acupuncture

practice for at least three years in the period from July 1,1991, to June 30,1995, with at least

500 patient visits in each of the three years with at least 100 different patients. Acupuncture

practice must be the primary means of treatment, not an adjunctive therapy. The person must

also provide documentation of successful completion of a clean needle technique course ap

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ACUPUNCTURE PRACTITIONERS 147B.02

proved by the acupuncture advisory board and provide documentation of practice through at

least four of the following methods: ,■

(1) original notarized letters from employers specifying the dates and hours worked,

nature of the practice, and number of visits;

(2) notarized affidavits from a minimum of 20 patients with current phone numbers and

addresses for each, specifying the time period of treatment and the nature of the treatment;

(3) notarized affidavits from at least two other health care professionals, state or local

acupuncture or Oriental medicine associations, schools or colleges, with testimony based on

personal knowledge regarding the dates, volume, scope, and type of practice;

(4) notarized affidavits from at least two other members within the community with tes

timony based on personal knowledge regarding the dates, volume, scope, and type of prac

tice; and - ■

(5) notarized copies of patient records! The person must also meet any other require

ments established by the board.

(b) All documentation submitted in a foreign language must be accompamed by an ac

curate translation in English. Each translated document must bear the affidavit of the transla

tor certifying that the translator is competent in both the language of the document and in the

English language and that the translation is true and a complete translation of the foreign lan

guage original and must be sworn before a notary public. Translation of any document rela

tive to a person’s application is at the expense of the applicant.

July 1, 1995, to June 30, 1997. All of the required patient visits must have been completed

before application for licensure.

Subd. 6. License by reciprocity. The board shall issue an acupuncture license to a per

son who holds a current license or certificate as an acupuncturist from another jurisdiction if

the board determines that the standards for certification or licensure m the other jurisdiction

meet or exceed the requirements for licensure in Minnesota and a letter is received from that

jurisdiction that the acupuncturist is in good standing in that jurisdiction.

Subd 7. Licensure requirements, (a) After June 30,1997, an applicant for licensure

must:

(1) submit a completed application for licensure on forms provided by the board, which

must include the applicant’s name and address of record, which’ shall be public;

(2) unless licensed under subdivision 5 or 6, submit a notarized copy of a current

NCCAOM certification;

(3) sign a statement that the information m the application is true and correct to the best

of the applicant’s knowledge'and belief;

(4) submit with the application all fees required; and

(5) sign a waiver authorizing the board to obtain access to the applicant’s records in this

state or any state in which the applicant has engaged in the practice of acupuncture.

(b) The board may ask the applicant to provide any additional'information necessary to

ensure that the applicant is able to practice with reasonable skill and safety to the public.

formation is accurate and complete. The board shall notify an applicant of action taken on the

application and the reasons ftir denying licensure if licensure is demed.

Subd. 8. Licensure expiration. Licenses issued under this section expire annually.

Subd. 9. Renewal, (a) To renew a license an applicant must:

(1) annually, or as determined, by the board, complete a renewal application on a form

provided by the board;

(2) submit the renewal fee;

> (3) provide evidence annually of one hour of continuing education in the subject of in

fection control, including blood borne pathogen diseases;

(4) provide documentation of current and active NCCAOM certification; or

(5) if hcensed under subdivision 5 or,6, meet one-half the then current NCCAOM pro

fessional development activity requirements. ,

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147B.02 ACUPUNCTURE PRACTITIONERS

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(b) An applicant shall submit any additional information requested by the board to clari

fy information presented in the renewal application. The information must be submitted

within 30 days after the board’s request, or the renewal request is nullified.

Subd. 10. Licensure renewal notice. At least 30 days before the license renewal date,

the board shall send out a renewal notice to the last known address of the licensee. The notice

must mclude a renewal application and a notice of fees required for renewal. If the licensee

does not receive a renewal notice, the licensee must still meet the requirements for registra

tion renewal under this section.

Subd. 11. Renewal deadline. The renewal application and fee must be postmarked on

or before June 30 of the year of renewal or as determined by the board.

Subd. 12. Inactive status, (a) A license may be placed in inactive status upon applica

tion to the board and upon payment of an inactive status fee. The board may not renew or

restore a license that has lapsed and has not been renewed within two annual license renewal

cycles.

(b) An inactive license may be reactivated by the license holder upon application to the

board. A licensee whose hcense is canceled for nonrenewal must obtain a new hcense by

applying for licensure and fulfilling all the requirements then in existence for the initial li

cense to practice acupuncture in the state of Minnesota. The application must include:

(1) evidence of current and active NCCAOM certification;

(2) evidence of the certificate holder’s payment of an inactive status fee;

(3) an annual fee; and

(4) all back fees since previous renewal.

status must become NCCAOM certified.

Subd. 13. Temporary permit. The board may issue a temporary permit to practice acu

puncture to an applicant eligible for licensure under this section only if the application for

licensure is complete, all applicable requirements in this section have been met, and a nonre

fundable fee set by the board has been paid. The permit remains valid only until the meeting

of the board at which a decision is made on the acupuncturist’s application for licensure.

History: 1995 c 177 s 3; 1995 c 212 art 3 s 59; 1998 c 254 art 1 s 41-44

147B.03 NCCAOM PRO FESSIONAL DEVELOPM ENT ACTIVITY REQUIRE

MENTS.

Subdivision 1. NCCAOM requirements. Unless a person is licensed under section

147B.02, subdivision 5 or 6, each licensee is required to meet the NCCAOM professional

development activity requirements to maintain NCCAOM certification. These requirements

may be met through a board approved continuing education program.

Subd. 2. Board approval. The board shall approve a continuing education program if

the program meets the following requirements:

(1) it directly relates to the practice of acupuncture;

(2) each member of the faculty shows expertise in the subject matter by holding a degree

or certificate from an educational institution, has verifiable experience in traditional Oriental

medicine, or has special training m the subject area;

(3) the program lasts at least one contact hour;

(4) there are specific written objectives describing the goals of the program for the par

ticipants; and

(5) the program sponsor maintains attendance records for four years.

Subd. 3. Continuing education topics, (a) Continuing education program topics may

include, but are not limited to, Oriental medical theory and techniques including Oriental

massage; Oriental nutrition; Oriental herbology and diet therapy; Oriental exercise; western

sciences such as anatomy, physiology, biochemistry, microbiology, psychology, nutrition,

history of medicine; and,medical terminology or coding.

(b) Practice management courses are excluded under this section.

Subd. 4. Verification. The board shall periodically select a random sample of acupunc

turists and require the acupuncturist to show evidence of having completed the NCCAOM

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ACUPUNCTURE PRACTITIONERS 147B.06

professional development activities requirements. Either the:acupuncturist, the state, or the

national' organization, that maintains continuing education records may provide the board

documentation of the continuing education program.

History: 1995 c 177 s 4; 1998 c 254 art I s 45,46

147B.04 BOARD ACTION ON APPLICATIONS.

Subdivision 1. Verification of application information. The board or acupuncture ad

visory council established under section 147B .05, with the,approval of the board, may verify

information provided by an application for licensure under section 147B.02 to determine if

the information is accurate and complete. . . ■

Subd. 2. Notification of board action. Within 120 days of receipt of the apphcation, the

board shall notify each applicant in writing of the action taken on the apphcation

Subd. 3. Request for hearing by applicant denied. An applicant denied licensure

must be notified of the determination, and the grounds for it, and may request a hearing on the

determination by filing a written statement of issues with the board within 20 days after re

ceipt of the notice from the board. After the hearing, the board shall notify the applicant in

writing of its decision.. ,r •

History: 1995 c 177 s 5

147B.05 ACUPUNCTURE ADVISORY COUNCIL, .

f Subdivision 1. Creation. The advisory council to the board of medical practice for acu

puncture consists of seven members appointed by the board to three-year terms. Four mem

bers must be hcensed acupuncture practitioners, one member must be a hcensed physician or

osteopath who also practices acupuncture, one member must be a licensed chiropractor who

is NCCAOM certified, and one member must be a member of the public who has received

acupuncture treatment as a primary therapy from a NCCAOM certified acupuncturist.

Subd. 2. Administration; compensation; removal; quorum. The advisory council is

governed by section 15.059, except that the council does not expire until June 30,1999.

Subd. 3. Duties. The advisory council shall:

(1) advise the board on issuance, denial, renewal, suspension, revocation, conditioning,

or restricting of licenses to practice acupuncture;

(2) advise the board on issues related to receiving, investigating, conducting hearings,

and imposing disciplinary action in relation to complaints against acupuncture practitioners;

(3) maintain a register of acupuncture practitioners licensed under section 147B.02;

(4) maintain a record of all advisory council actions;

(5) prescribe registration application forms, license forms, protocol forms, and other

necessary forms;

(6) review the patient visit records submitted by applicants during the transition period;

(7) advise the board regarding standards for acupuncturists; '

(8) distribute information regarding acupuncture practice standards;

(9) review complaints;

(10) advise the board regarding continuing education programs;

(11) review the investigation of reports of complaints and recommend to the board

whether disciplinary action sliould be taken; and

(12) perform other duties authorized by advisory councils under chapter 214, as di

rected by the board. 1 '

History: 1995 c 177 s 6; 1998 c 254 art I s 47

> 1 1

147B.06 PROFESSIONAL CONDUCT.

Subdivision 1. Practice standards, (a) Before treatment of a patient, an acupuncture

practitioner shall ask whether the patient has been examined by a licensed physician or other

professional, as defined by section 145.61, subdivision 2, with regard to the patient’s illness

or injury, and shall review the diagnosis as reported.

MINNESOTA STATUTES 1998

147B.06 ACUPUNCTURE PRACTITIONERS

1118

(b) The practitioner shall obtain informed consent from the patient, after advising the

patient of the following information which must be supplied to the patient in writing before

or at the time of the initial visit:

(1) the practitioner’s qualifications including:

(1) education;

(ii) license information; and

(iii) outline of the scope of practice of acupuncturists in Minnesota; and

(2) side effects which may include the following:

(i) some pain in the treatment area;

(ii) minor bruising;

(iii) infection;

(iv) needle sickness; or

(v) broken needles.

tient has been advised to consult with the patient’s primary care physician about the acupunc

ture treatment if the patient circumstances warrant or the patient chooses to do so.

(d) The practitioner shall inquire whether the patient has a pacemaker or bleeding disor

der.

Subd. 2. Sterilized equipment. An acupuncture practitioner shall use sterilized equip

ment that has been sterilized under standards of the National Centers for Disease Control and

Prevention.

Subd. 3. State and municipal public health regulations. An acupuncture practitioner

shall comply with all applicable state and municipal requirements regarding public health.

Subd. 4. Scope of practice. The scope of practice of acupuncture mcludes, but is not

limited to, the following:

(1) using Oriental medical theory to assess and diagnose a patient;

(2) using Oriental medical theory to develop a plan to treat a patient. The treatment tech

niques that may be chosen include:

(i) insertion of sterile acupuncture needles through the skin;

(ii) acupuncture stimulation including, but not limited to, electrical stimulation or the

application of heat;

(iii) cupping;

(iv) dermal friction;

(v) acupressure;

(vi) herbal therapies;

(vii) dietary counseling based on traditional Chinese medical principles;

(viii) breathing techniques; or

(ix) exercise according to Oriental medical principles.

Subd. 5. Patient records. An acupuncturist shall maintain a patient record for each pa

tient treated, including:

(1) a copy of the informed consent;

(2) evidence of a patient interview concerning the patient’s medical history and current

physical condition;

(3) evidence of a traditional acupuncture examination and diagnosis;

(4) record of the treatment including points treated; and

(5) evidence of evaluation and instructions given to the patient.

Subd. 6. Referral to other health care practitioners. Referral to other health care

practitioners is required when an acupuncturist practitioner sees patients with potentially se

rious disorders including, but not limited to:

(1) cardiac conditions including uncontrolled hypertension;

(2) acute, severe abdominal pain;

MINNESOTA STATUTES 1998

1119

ACUPUNCTURE PRACTITIONERS 147B.08

(3) acute, undiagnosed neurological changes;

(4) unexplained weight loss or gain in excess of 15 percent of the body weight in less

than a three-month period;

(5) suspected fracture or dislocation;

(6) suspected systemic infections;

(7) any serious undiagnosed hemorrhagic disorder; and

(8) acute respiratory distress without previous history.

The acupuncturist shall request a consultation or written diagnosis from a licensed phy

sician for patients with potentially serious disorders.

Subd. 7. Data practices. Data maintained on an acupuncture patient by an acupuncture

practitioner is subject to section 144.336.

History: 1995 c 177 s 7

147B.07 DISCIPLINE; REPORTING.

For purposes of this chapter, acupuncturist licensees and applicants are subject to the

provisions of sections 147 091 to 147.162.

History: 1995 c 177 s 8 '

147B.08 FEES.

. Subdivision 1. Annual registration fee. The board shall establish the fee of $150 for

initial licensure and $150 annual licensure renewal. The board may prorate the initial licen

sure fee. •

Subd. 2. Penalty fee for late renewals. The penalty fee for late submission for renewal

application is $50.

Subd. 3. Deposit. Fees collected by the board under this section must be deposited in the

state government special revenue fund.

History: 1995 c 177 s 9

MINNESOTA STATUTES 1998