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.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.
