S5002

An Act the expanded practice of licensed acupuncturists and amending P.L.1983, c.7.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 6 of P.L.1983, c.7 (C.45:2C-6) is amended to read as follows:

6. a. A license issued pursuant to this act authorizes the holder thereof to engage in the practice of acupuncture and when used in connection therewith to perform or prescribe the use of tuina, shiatsu, and other forms of Oriental massage, surface stimulation of a certain point or combination of points on the body, breathing techniques and exercise to promote health.

b. The holder of a license may also utilize adjunctive therapies, which include, but are not limited to: Oriental dietary therapy; lifestyle and behavioral education; laser stimulation in accordance with relevant federal law; cupping; thermal methods; magnets; gua-sha; percutaneous and transcutaneous electrical nerve stimulation; and, subject to the additional certification and filing requirements set forth in section 14 of P.L.2009, c.56 (C.45:2C-19), herbology. Any adjunctive therapies utilized by the holder of a license shall be approved by the board.

c. A licensed acupuncturist shall also be authorized to order the following diagnostic and analytical tests or services:

(1) x-rays;

(2) bioanalytical laboratory tests consistent with the practice of acupuncture;

(3) reagent strip tests, including dipstick urinalysis, and hormone saliva tests consistent with the practice of acupuncture;

(4) other diagnostic or analytical tests consistent with the practice of acupuncture including computerized axial tomography, magnetic resonance imaging, bone scan, and invasive electromyography;

(5) other diagnostic or analytical tests consistent with the practice of acupuncture including non-invasive muscle testing and tests using neurocalometer-type devices; and

(6) electrodiagnostic tests or other special examinations consistent with the practice of acupuncture.

d. “Expanded practice” shall include the prescribing, administering, injecting, compounding and dispensing of the following products that facilitate health:

(1) homeopathic medicine that is recognized in the official Homeopathic Pharmacopoeia of the United States;

(2) sterile and bacteriostatic water;

(3) saline solution;

(4) alkalizing agents;

(5) nutritional or dietary substances, including:

(a) vitamins and minerals;

(b) amino acids, enzymes, and proteins; and

(6) ozone;

(7) procaine;

(8) lidocaine;

(9) natural substances, including:

(a) herbal and botanical extracts;

(b) biological products;

(d) blood products and live cell products; and

(e) other nutritional supplements in the form of sterile substances into acupuncture points by means of hypodermic needles.

e. A practitioner previously licensed to practice acupuncture pursuant to section 9 of P.L.1983, c.7 (C. 45:2C-9) shall be deemed as certified for purposes of injection therapy, intravenous therapy, and bioidentical hormone therapy if the individual:

(1) received a certification approved by the Acupuncture Examining Board or an equivalent certification approved and administered by the National Certification Commission for Acupuncture and Oriental Medicine; and

(2) completed:

(a) a program of at least eight hours in diagnostic test ordering that incorporates the safe and beneficial use of laboratory test and imaging findings;

(b) a course of at least 60 hours in injection therapy; and

(c) a course of at least 40 hours on intravenous therapy, demonstrating passage of the IV technician examination of the National IV Association after completion of the course.

(i) The certification issued by the National IV Association is to be renewed on a biennial basis.

(ii) An individual is to complete 25 credits of continuing education to be eligible for renewal of the certification.

f. When compounding substances for patients, a licensed acupuncturist certified for expanded practice and prescriptive authority shall comply with the compounding requirements for licensed health care professionals in the United States pharmacopeia and national formulary.

(cf: P.L.2009, c.56, s.6)

2. This act shall take effect on the first day of the 10th month next following the effective date of this act and shall apply to individuals applying for licensure or for licensure renewal on or after that date, except that the Acupuncture Examining Board may take any anticipatory administrative action as may be necessary in advance of the effective date.

STATEMENT

This bill will expand the scope of practice for acupuncturists licensed in New Jersey, in particular to assist patients with acupuncture injection therapy and intravenous therapy. This includes allowing licensees to order X-rays; reagent strip tests and hormone saliva tests; and electrodiagnostic tests. Under the bill, “expanded practice” is considered to be the prescribing, administering, injecting, compounding and dispensing of products that facilitate health, such as: 1) homeopathic medicine that is recognized in the official Homeopathic Pharmacopoeia of the United States; 2) sterile and bacteriostatic water; and 3) saline solution. An individual previously licensed to practice acupuncture under State law is to be deemed as certified for purposes of injection therapy, intravenous therapy and bioidentical hormone therapy if the individual: 1) received a certification approved by the Acupuncture Examining Board or an equivalent certification approved and administered by the National Certification Commission for Acupuncture and Oriental Medicine; and 2) has completed a program of at least eight hours in diagnostic test ordering that incorporates the safe and beneficial use of laboratory test and imaging findings; a course of at least 60 hours in injection therapy; and a course of at least 40 hours on intravenous therapy, demonstrating passage of the IV technician examination of the National IV Association after completion. The certification issued by the National IV Association is to be renewed on a biennial basis. An individual is to complete 25 credits of continuing education to be eligible for renewal of the certification.

Lastly, when compounding substances for patients, a licensed acupuncturist certified for expanded practice and prescriptive authority is to comply with the compounding requirements for licensed health care professionals in the United States pharmacopeia and national formulary.