HOUSE BILL NO. 563

INTRODUCED BY K. GILLAN, J. ANDERSEN, M. GUGGENHEIM

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A DOCTOR OF MEDICINE OR OSTEOPATHY TO BECOME LICENSED TO PRACTICE ACUPUNCTURE UPON SUCCESSFUL COMPLETION OF CONTINUING EDUCATION OR GRADUATE EDUCATION FROM AN ACCREDITED INSTITUTION AND A DEMONSTRATION OF COMPETENCY TO THE BOARD OF MEDICAL EXAMINERS; EXEMPTING DOCTORS OF MEDICINE AND OSTEOPATHY FROM THE EXAMINATION AND COURSE REQUIREMENTS APPLICABLE TO OTHER LICENSE APPLICANTS; RESTRICTING THE USE OF THE TITLE "ACUPUNCTURIST" BY CERTAIN DOCTORS OF MEDICINE OR OSTEOPATHY; AND AMENDING SECTIONS 37-13-104, 37-13-301, 37-13-302, AND 37-13-304, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 37-13-104, MCA, is amended to read:

"37-13-104. Partial exemptions. (1) (a) This chapter may not be construed to require doctors of medicine, osteopathy, chiropractic, dentistry, and podiatry who are licensed in Montana to take further examinations in anatomy, physiology, chemistry, dermatology, diagnosis, bacteriology, materia medica, or other subjects that are or may be required for licensure in their respective professions.

(b) A doctor of chiropractic, dentistry, or podiatry may not practice acupuncture in this state unless that doctor has completed a course and passed an examination in acupuncture as required by this chapter.

(c) A doctor of medicine or osteopathy may not practice acupuncture in this state unless that doctor of medicine or osteopathy has demonstrated competency in the use of acupuncture to the board and has successfully completed and provided proof of successful completion to the board of at least 200 hours of continuing medical education or graduate medical education in acupuncture from a training program that is recognized by:

(i) the accreditation council for continuing medical education;

(ii) the accreditation council for graduate medical education; or

(iii) the board.

(2) Except as provided in 37-13-301 and with particular regard to the insertion of solid needles used to perform acupuncture, this chapter is not intended to limit, interfere with, or prevent a licensed health professional from practicing within the scope of the health professional's license.

(3) This chapter does not affect the practice of an occupation by an individual who does not represent to the public that the individual is licensed under this chapter."

Section 2. Section 37-13-301, MCA, is amended to read:

"37-13-301. License required for practice. (1) A person may not engage in the practice of acupuncture in this state unless the person is licensed under the provisions of this chapter.

(2) Except as provided in subsection (3), a person may not purport to practice acupuncture or use the title "acupuncturist" or any similar title unless the person is licensed under the provisions of this chapter.

(3) A doctor of medicine or osteopathy who is licensed pursuant to the authority contained in 37-13-104(1)(c) and 37-13-302(3) and who uses acupuncture in the doctor's practice may not use the title "acupuncturist" or any similar title unless the person also meets the requirements of 37-13-302."

Section 3. Section 37-13-302, MCA, is amended to read:

"37-13-302. Application for licensure -- fee -- qualifications. (1) Each person desiring to practice acupuncture in this state shall make application for licensure with the secretary of the board, upon the forms and in the manner prescribed by the board. A fee prescribed by the board must accompany the application.

(2) A person making application shall furnish the board evidence that the person is:

(a) at least 18 years of age;

(b) of good moral character, as determined by the board;

(c) except as provided in subsection (3), a graduate of an approved school of acupuncture that is approved by the national accreditation commission for schools and colleges of acupuncture and oriental medicine and offers a course of at least 1,000 hours of entry-level training in recognized branches of acupuncture or an equivalent curriculum approved by the board; and

(d) except as provided in subsection (3), has passed an examination prepared and administered by the board or an examination prepared and administered by the national commission for the certification of acupuncturists.

(3) A doctor of medicine or osteopathy licensed to practice medicine in this state, in addition to meeting the requirements and qualifications set forth in subsections (1), (2)(a), and (2)(b), shall meet the education requirement in 37-13-104(1)(c) to qualify for a license to practice acupuncture."

Section 4. Section 37-13-304, MCA, is amended to read:

"37-13-304. Issuance of certificate of license -- license fee. (1) All applicants successfully passing the examination required by this chapter or, in the case of doctors of medicine or osteopathy, meeting the education requirement in 37-13-104(1)(c) must be registered as licensed acupuncturists in the board register and, upon the payment of a license fee prescribed by the board, must be issued a certificate of license in a form prescribed by the board. The certificate must bear the official seal of the board."

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