SUBSTITUTE HOUSE BILL 1392






                        52nd Legislature

                      1992 Regular Session

Passed by the House March 7, 1992

  Yeas 96   Nays 0




Speaker of the

       House of Representatives


Passed by the Senate March 2, 1992

  Yeas 46   Nays 0



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1392 as passed by the House of Representatives and the Senate on the dates hereon set forth.




President of the Senate

                               Chief Clerk



Approved Place Style On Codes above, and Style Off Codes below.





Governor of the State of Washington

                        Secretary of State

                       State of Washington




                            SUBSTITUTE HOUSE BILL 1392



                             AS AMENDED BY THE SENATE


                     Passed Legislature - 1992 Regular Session


State of Washington              52nd Legislature             1991 Regular Session


By House Committee on Health Care (originally sponsored by Representatives Locke, Prince, Braddock, Ballard, Wang and Brekke).


Read first time March 14, 1991.  Making major changes to acupuncturist licensure.

     AN ACT Relating to acupuncture; amending RCW 18.06.010, 18.06.080, and 18.06.120; adding a new section to chapter 18.06 RCW; and repealing RCW 18.06.030, 18.06.040, 18.06.910, and 18.06.911.




     Sec. 1.  RCW 18.06.010 and 1991 c 3 s 4 are each amended to read as follows:

     The following terms in this chapter shall have the meanings set forth in this section unless the context clearly indicates otherwise:

     (1) "Acupuncture" means a health care service based on a traditional Oriental system of medical theory utilizing Oriental diagnosis and treatment to promote health and treat organic or functional disorders by treating specific acupuncture points or meridians.  Acupuncture includes but is not necessarily limited to the following techniques:

     (a) Use of acupuncture needles to stimulate acupuncture points and meridians;

     (b) Use of electrical, mechanical, or magnetic devices to stimulate acupuncture points and meridians;

     (c) Moxibustion;

     (d) Acupressure;

     (e) Cupping;

     (f) Dermal friction technique (((gwa hsa)));

     (g) Infra-red;

     (h) Sonopuncture;

     (i) Laserpuncture;

     (j) Dietary advice based on traditional ((Chinese)) Oriental medical theory; and

     (k) Point injection therapy (aquapuncture).

     (2) "Acupuncturist" means a person certified under this chapter.

     (3) "Department" means the department of health.

     (4) "Secretary" means the secretary of health or the secretary's designee.


     NEW SECTION.  Sec. 2.  A new section is added to chapter 18.06 RCW to read as follows:

     Nothing in this chapter shall be construed to prohibit or restrict:

     (1) The practice licensed, certified, or registered under the laws of this state and performing services within such individual's authorized scope of practice;

     (2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;

     (3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor;

     (4) The practice of acupuncture by any person licensed or certified to perform acupuncture in any other jurisdiction where such person is doing so in the course of regular instruction of a school of acupuncture approved by the secretary or in an educational seminar by a professional organization of acupuncture, provided that in the latter case, the practice is supervised directly by a person certified pursuant to this chapter or licensed under any other healing art whose scope of practice includes acupuncture.


     Sec. 3.  RCW 18.06.080 and 1991 c 3 s 10 are each amended to read as follows:

     (1) The secretary is hereby authorized and empowered to execute the provisions of this chapter and shall offer examinations in acupuncture at least twice a year at such times and places as the secretary may select.  The examination shall be a written examination ((in English)) and may include a practical examination.

     (2) The secretary shall develop or approve a ((licensure)) certification examination in the subjects that the secretary determines are within the scope of and commensurate with the work performed by certified acupuncturists and shall include but not necessarily be limited to anatomy, physiology, ((bacteriology)) microbiology, biochemistry, pathology, hygiene, and acupuncture.  All application papers shall be deposited with the secretary and there retained for at least one year, when they may be destroyed.

     (3) If the examination is successfully passed, the secretary shall confer on such candidate the title of Certified Acupuncturist.


     Sec. 4.  RCW 18.06.120 and 1991 c 3 s 12 are each amended to read as follows:

     (1) Every person certified in acupuncture shall register with the secretary annually and pay an annual renewal registration fee determined by the secretary as provided in RCW 43.70.250 on or before the certificate holder's birth anniversary date.  The certificate of the person shall be renewed for a period of one year or longer in the discretion of the secretary.  A person whose practice is exclusively out-of-state or who is on sabbatical shall be granted an inactive certification status and pay a reduced registration fee.  The reduced fee shall be set by the secretary under RCW 43.70.250.

     (2) Any failure to register and pay the annual renewal registration fee shall render the certificate invalid.  The certificate shall be reinstated upon:  (a) Written application to the secretary; (b) payment to the state of a penalty fee determined by the secretary as provided in RCW 43.70.250; and (c) payment to the state of all delinquent annual certificate renewal fees.

     (3) Any person who fails to renew his or her certification for a period of three years shall not be entitled to renew such certification under this section.  Such person, in order to obtain a certification in acupuncture in this state, shall file a new application under this chapter, along with the required fee, and shall meet examination or continuing education requirements as the secretary, by rule, provides.

     (4) All fees collected under this section and RCW ((18.06.060)) 18.06.070 shall be credited to the health professions account as required under RCW 43.70.320.


     NEW SECTION.  Sec. 5.      The following acts or parts of acts are each repealed:

     (1) RCW 18.06.030 and 1991 c 3 s 6 and 1985 c 326 s 3;

     (2) RCW 18.06.040 and 1985 c 326 s 4;

     (3) RCW 18.06.910 and 1990 c 297 s 15; and

     (4) RCW 18.06.911 and 1990 c 297 s 16.