H-2509

AN ACT Relating to acupuncture; amending RCW 18.06.010, 18.06.080, and 18.06.120; adding new sections to chapter 18.06 RCW; repealing RCW 18.06.030, 18.06.040, 18.06.910, and 18.06.911; and making an appropriation.

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

Sec. 1. RCW 18.06.010 and 1985 c 326 s 1 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~~)) Asian 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;

(d) Acupressure;

(e) Cupping;

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

(g) Infra-red;

(h) Sonopuncture;

(i) Laserpuncture;

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

(k) Point injection therapy (aquapuncture); and

(l) Therapeutic breathing and exercise techniques based on traditional Asian medical theory.

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

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

(4) ((~~"Director" means the director of licensing or the director's designee~~)) "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 1985 c 326 s 8 are each amended to read as follows:

(1) The ((~~director of licensing~~)) secretary of health 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 ((~~director~~)) secretary may select. The examination shall be a written examination ((~~in English~~)) and may include a practical examination.

(2) The ((~~director~~)) secretary shall develop or approve a ((~~licensure~~)) certification examination in the subjects that the ((~~director~~)) 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 ((~~director~~)) secretary and there retained for ((~~a [at]~~)) at least one year, when they may be destroyed.

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

Sec. 4. RCW 18.06.120 and 1985 c 326 s 12 are each amended to read as follows:

(1) Every person certified in acupuncture shall register with the ((~~director~~)) secretary annually and pay an annual renewal registration fee determined by the ((~~director~~)) secretary as provided in RCW ((~~43.24.086~~)) 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 ((~~director~~)) 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 ((~~director~~)) secretary; (b) payment to the state of a penalty fee determined by the ((~~director~~)) secretary as provided in RCW ((~~43.24.086~~)) 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 ((~~director~~)) secretary, by rule, provides.

(4) All fees collected under this section and RCW 18.06.060 shall be credited to the health professions account as required under RCW ((~~43.24.072~~)) 43.70.320.

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

(1) RCW 18.06.030 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.

NEW SECTION. Sec. 6. A new section is added to chapter 18.06 RCW to read as follows:

A person may practice ear acupuncture as an adjunct to the treatment of alcoholism or other drug dependency, or both, in a program approved under chapter 70.96A RCW, if the person is certified as an acupuncturist under this chapter, or if the person is certified as an acupuncture assistant.

(1) The department shall issue an acupuncture assistant certificate to any applicant who meets the following requirements:

(a) Payment of a fee determined by the secretary under RCW 43.70.250;

(b) Completion of an application on a form provided by the department;

(d) Proof of supervision by a certified acupuncturist who has completed a training program approved by the secretary.

(2) The secretary shall approve training programs that adequately prepare persons to perform ear acupuncture as an adjunct to the treatment of alcoholism or other drug dependency.

(3) The acupuncture assistant shall only practice under the supervision of a certified acupuncturist who has completed a training course under subsection (2) of this section. The assistant shall notify the department regarding changes in supervisors.

(4) A person certified as an acupuncture assistant shall renew the certification as determined by the secretary by rule and shall pay a fee determined by the secretary under RCW 43.70.250.

(5) The uniform disciplinary act, chapter 18.130 RCW, governs certified practice, the issuance and denial of acupuncture assistant certificate, and the disciplining of certificate holders under this section. The secretary shall be the disciplining authority under this section.

NEW SECTION. Sec. 7. (1) This act is necessary for the implementation of the biennial budget.

(2) There is appropriated fifty-five thousand eighty-one dollars, or as much thereof as may be necessary, for the biennium ending June 30, 1993, from the health professions account to the department of health, for the purposes of this act.