A3397

An Act concerning services provided by 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 perform the following diagnostic and analytical procedures:

(1) the taking and ordering of x-rays;

(2) the ordering, but not performing, of bioanalytical laboratory tests consistent with the practice of acupuncture;

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

(4) the ordering, but not performing, of other diagnostic or analytical tests consistent with the practice of acupuncture including, but not limited to, computerized axial tomography, magnetic resonance imaging, bone scan, and invasive electromyography;

(5) the ordering or performing of other diagnostic or analytical tests consistent with the practice of acupuncture including, but not limited to, non-invasive muscle testing and tests using neurocalometer-type devices; and

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

d. A licensed acupuncturist certified in expanded practice, as defined pursuant to subsection e. of this section, shall be considered certified in any or all of the following modules: basic injection therapy; injection therapy; intravenous therapy; or bioidentical hormone therapy.

e. “Expanded practice” shall include, but not be limited to, 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.

f. 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 has 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.

g. When compounding drugs 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 tenth month next and shall apply to individual 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

The 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 take and order X-rays; order or perform reagent strip tests and hormone saliva tests; and order or perform electrodiagnostic tests. Additionally, a licensed acupuncturist certified in expanded practice is to be considered as certified in any or all of the following modules: basic injection therapy; injection therapy; intravenous therapy; or bioidentical hormone therapy. 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 has 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.

Lastly, when compounding drugs 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.