02RS HB37


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HB 37 (BR 251) - J. Jenkins, B. Colter, D. Horlander

     AN ACT relating to acupuncture.
     Create new sections of KRS Chapter 311 to license acupuncture practitioners; define terms; require any person who practices acupuncture or who holds himself or herself out as an acupuncture practitioner to be licensed; exempt other licensed professionals working within the scope of their practice from this Act; permit licensing by endorsement if original state of licensing has requirements that meet or exceed Kentucky's; permit the provisional licensing of those with prior experience; require person with provisional license to meet board requirements within one year or cease to practice; cap licensing and renewal fees at $200; establish 11-member advisory council; establish council's duties to include advising board on licensing, hearings, continuing education programs, standards of practice, and more; require an acupuncture practitioner to review the patient's diagnosis if the patient is being treated by a physician; require the practitioner to obtain informed consent from the patient and to disclose to the patient the practitioner's qualifications and the treatment's risk; require the practitioner to direct the patient to consult with his or her primary care physician about acupuncture treatment if the patient has specified preexisting conditions; require that needles used be sterilized and comply with federal standards; establish standards for content of patients record; establish disciplinary grounds; permit the board to suspend, revoke, deny, or impose probationary conditions upon proof that the licensee has engaged in sexual conduct with a patient during the professional relationship, failed to conform to standards of acupuncture practice, has been convicted of a felony or misdemeanor involving moral turpitude, or has violated an agreed order of the board; amend KRS 311.550 to exclude the practice of acupuncture from the definition of the practice of medicine and osteopathy; amend KRS 312.019 to permit the chiropractic board to promulgate administrative regulations governing the use of acupuncture within the scope of chiropractic practice.

     (Prefiled by the sponsor(s))

     Jan 8-introduced in House; to Licensing and Occupations (H)
     Jan 17-posted in committee

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