SENATE AMENDED
PRIOR PRINTER'S NOS. 1696, 2083, 2162 PRINTER'S NO. 3312
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1490
Session of
2023
INTRODUCED BY GALLAGHER, HILL-EVANS, MADDEN, SCHLOSSBERG,
CERRATO, BRENNAN, SANCHEZ, McNEILL, NEILSON, MULLINS, GREEN,
GUZMAN, D. WILLIAMS AND KENYATTA, JUNE 22, 2023
SENATOR STEFANO, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
IN SENATE, AS AMENDED, JUNE 12, 2024
AN ACT
1 Amending the act of February 14, 1986 (P.L.2, No.2), entitled
2 "An act regulating the right to practice acupuncture;
3 requiring the licensure of acupuncturists; and providing a
4 penalty," further providing for definitions, for regulation
5 of the practice of acupuncture, for penalties and for
6 approval of acupuncture educational programs.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 2 of the act of February 14, 1986 (P.L.2,
10 No.2), known as the Acupuncture Licensure Act, is amended by
11 adding definitions to read:
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 * * *
17 "East Asian herbology." The use of herbal preparations and
18 products that contain as active ingredients parts of plants,
 1 minerals and other organic materials or a combination of these
2 items administered according to East Asian medicine tradition to
3 normalize function.
4 "Herbal therapy." The application of East Asian herbology to
5 the treatment of acupuncture patients.
6 "Practitioner of Oriental medicine." An acupuncturist who is
7 licensed by the board to use herbal therapy.
8 Section 2. Section 3(h) of the act is amended and the
9 section is amended by adding subsections to read:
10 Section 3. Regulation of the practice of acupuncture.
11 * * *
12 (h) [Section not applicable to dentists, podiatrists and
13 veterinarians] Exemptions from licensure.--This section shall
14 not apply to [a]:
15 (1) A dentist performing acupuncture in connection with
16 the practice of dentistry, a podiatrist performing
17 acupuncture in connection with the practice of podiatry or a
18 veterinarian performing acupuncture on animals in connection
19 with the practice of veterinary medicine. The State Board of
20 Dentistry with regard to dentists, the State Board of
21 Podiatry with regard to podiatrists and the State Board of
22 Veterinary Medical Examiners with regard to veterinarians
23 shall assure that licensees of that board who perform
24 acupuncture have what that board determines to be the proper
25 education or demonstrated experience in the performance of
26 acupuncture.
27 (2) An individual who holds a current license,
28 certificate, registration or permit to practice acupuncture
29 from another state, territory or country and seeks to
30 practice acupuncture in this Commonwealth for the limited
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 1 purpose of attending a continuing education acupuncture
2 course in this Commonwealth.
3 (i) Oriental medicine.--An acupuncturist may practice
4 Oriental medicine if the acupuncturist is licensed with the
5 board as a practitioner of Oriental medicine and:
6 (1) has successfully completed an acupuncture education
7 program that includes the study of East Asian herbology and
8 passed an East Asian herbology examination approved by the
9 board; or
10 (2) has obtained national certification in East Asian
11 herbology or Oriental medicine from a certifying organization
12 approved by the board, which includes passing an East Asian
13 herbology examination.
14 (j) Emergency.--The board shall have the power to allow an
15 individual who holds a current license as an acupuncturist or
16 practitioner of Oriental medicine in another state, the District
17 of Columbia or a territory of the United States or who has
18 obtained national certification to practice acupuncture or
19 Oriental medicine in this Commonwealth for no more than 60 days
20 as part of a relief effort related to a state of emergency
21 declared by the Federal Government or the Governor.
22 (k) Identification.--
23 (1) Except as provided under paragraph (2), an
24 acupuncturist shall wear a tag or badge with lettering
25 clearly visible to the patient bearing the acupuncturist's
26 name and the title "acupuncturist."
27 (2) An individual who is a practitioner of Oriental
28 medicine shall wear a tag or badge with lettering clearly
29 visible to the patient bearing the individual's name and the
30 title "practitioner of Oriental medicine."
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 1 Section 3. Sections 5(a) and 6.1 of the act are amended to
2 read:
3 Section 5. Penalties.
4 (a) Licensure.--
5 (1) Except as provided for in section 3(e), (h)(1) and
6 (j), unless an individual is licensed as an acupuncturist by
7 the board, it shall be unlawful for an individual to:
8 (i) hold oneself out to be an acupuncturist or a
9 practitioner of acupuncture; or
10 (ii) practice acupuncture in this Commonwealth
11 [unless the individual is licensed as an acupuncturist by
12 one of the boards].
13 (2) An individual willfully violating the provisions of
14 this act shall be guilty of a misdemeanor of the third
15 degree.
16 * * *
17 Section 6.1. [Approval of acupuncture] Acupuncture educational
18 programs.
19 (a) Approval.--The Department of Education of the
20 Commonwealth shall approve any acupuncture educational program
21 that meets the relevant and appropriate requirements of 22 Pa.
22 Code (relating to education) and 24 Pa.C.S. Ch. 65 (relating to
23 private colleges, universities and seminaries) and that meets or
24 exceeds the standards required for acupuncture or oriental
25 medicine programs established by an accrediting agency
26 recognized by the United States Department of Education.
27 (b) Continuing education.--
28 (1) Except as provided in paragraph (3), acupuncturists
29 must attend and complete 30 hours of mandatory continuing
30 education during each two-year license period. Nationally
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 1 certified education courses shall be considered as
2 creditable, in addition to any other courses the board deems
3 creditable toward meeting the requirements for continuing
4 education. Credit may not be given for any course in office
5 management or practice building.
6 (2) An individual applying for the first time for
7 licensure as an acupuncturist in this Commonwealth shall be
8 exempted from the continuing education requirements under
9 paragraph (1) for the biennial renewal period following
10 initial licensure.
11 (3) A licensed physician who is also an acupuncturist
12 shall complete at least nine credit hours of mandatory
13 continuing education during each two-year license period. AS <--
14 PART OF THE LICENSED PHYSICIAN'S CONTINUING EDUCATION
15 REQUIREMENT UNDER THE ACT OF DECEMBER 20, 1985 (P.L.457,
16 NO.112), KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, OR THE
17 ACT OF OCTOBER 5, 1978 (P.L.1109, NO.261), KNOWN AS THE
18 OSTEOPATHIC MEDICAL PRACTICE ACT.
19 (4) The board shall adopt, promulgate and enforce rules
20 and regulations consistent with the provisions of this act
21 establishing requirements of continuing education to be met
22 by individuals licensed as acupuncturists or practitioners of
23 Oriental medicine under this act as a condition for renewal
24 of their licenses. The regulations shall include any fees
25 necessary for the board to carry out its responsibilities
26 under this section.
27 Section 4. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 1696: P.L.2, No.2
Printer's No. 2083: P.L.2, No.2
Printer's No. 2162: P.L.2, No.2
Printer's No. 3312: P.L.2, No.2