2007 Minnesota Statutes

CHAPTER 147B. ACUPUNCTURE PRACTITIONERS

147B.01 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to this chapter.
    Subd. 2. Acupressure. "Acupressure" means the application of pressure to acupuncture
points.
    Subd. 3. Acupuncture practice. "Acupuncture practice" means a comprehensive system of
health care using Oriental medical theory and its unique methods of diagnosis and treatment. Its
treatment techniques include the insertion of acupuncture needles through the skin and the use of
other biophysical methods of acupuncture point stimulation, including the use of heat, Oriental
massage techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines,
breathing techniques, and exercise based on Oriental medical principles.
    Subd. 4. Acupuncture needle. "Acupuncture needle" means a needle designed exclusively
for acupuncture purposes. It has a solid core, with a tapered point, and is 0.12 mm to 0.45 mm
in thickness. It is constructed of stainless steel, gold, silver, or other board-approved materials
as long as the materials can be sterilized according to recommendations of the National Centers
for Disease Control and Prevention.
    Subd. 5. Acupuncture points. "Acupuncture points" means specific anatomically described
locations as defined by the recognized acupuncture reference texts. These texts are listed in the
study guide to the examination for the NCCAOM certification exam.
    Subd. 6. Acupuncture practitioner. "Acupuncture practitioner" means a person licensed to
practice acupuncture under this chapter.
    Subd. 7. Board. "Board" means the Board of Medical Practice or its designee.
    Subd. 8.[Repealed, 2002 c 375 art 3 s 11]
    Subd. 9. Breathing techniques. "Breathing techniques" means Oriental breathing exercises
taught to a patient as part of a treatment plan.
    Subd. 10. Cupping. "Cupping" means a therapy in which a jar-shaped instrument is attached
to the skin and negative pressure is created by using suction.
    Subd. 11. Dermal friction. "Dermal friction" means rubbing on the surface of the skin, using
topical ointments with a smooth-surfaced instrument without a cutting edge that can be sterilized
or, if disposable, a onetime only use product.
    Subd. 12. Diplomate in acupuncture. "Diplomate in acupuncture" means a person who
is certified by the NCCAOM as having met the standards of competence established by the
NCCAOM, who subscribes to the NCCAOM code of ethics, and who has a current and active
NCCAOM certificate. Current and active NCCAOM certification indicates successful completion
of continued professional development and previous satisfaction of NCCAOM requirements.
    Subd. 13. Electrical stimulation. "Electrical stimulation" means a method of stimulating
acupuncture points by an electrical current of .001 to 100 milliamps, or other current as approved
by the board. Electrical stimulation may be used by attachment of a device to an acupuncture
needle or may be used transcutaneously without penetrating the skin.
    Subd. 14. Herbal therapies. "Herbal therapies" are the use of herbs and patent herbal
remedies as supplements as part of the treatment plan of the patient.
    Subd. 15.[Repealed, 2002 c 375 art 3 s 11]
    Subd. 16. NCCAOM. "NCCAOM" means the National Certification Commission for
Acupuncture and Oriental Medicine, a not-for-profit corporation organized under section
501(c)(4) of the Internal Revenue Code.
    Subd. 16a. NCCAOM certification. "NCCAOM certification" means a certification granted
by the NCCAOM to a person who has met the standards of competence established for either
NCCAOM certification in acupuncture or NCCAOM certification in Oriental medicine.
    Subd. 17. Needle sickness. "Needle sickness" is a temporary state of nausea and dizziness
that is a potential side effect to needle insertion and from which full recovery occurs when the
needles are removed.
    Subd. 18. Oriental medicine. "Oriental medicine" means a system of healing arts that
perceives the circulation and balance of energy in the body as being fundamental to the well-being
of the individual. It implements the theory through specialized methods of analyzing the energy
status of the body and treating the body with acupuncture and other related modalities for the
purpose of strengthening the body, improving energy balance, maintaining or restoring health,
improving physiological function, and reducing pain.
History: 1995 c 177 s 2; 1998 c 254 art 1 s 38-40; 2004 c 279 art 3 s 1

147B.02 LICENSURE.
    Subdivision 1. Licensure required. Except as provided under subdivision 4, it is unlawful
for any person to engage in the practice of acupuncture without a valid license after June 30,
1997. Each licensed acupuncture practitioner shall conspicuously display the license in the place
of practice.
    Subd. 2. Designation. A person licensed under this chapter shall use the title of licensed
acupuncturist or L.Ac. following the person's name in all forms of advertising, professional
literature, and billings. A person may not, in the conduct of an occupation or profession pertaining
to the practice of acupuncture or in connection with the person's name, use the words or
letters licensed acupuncturist, Minnesota licensed acupuncturist, or any other words, letters,
abbreviations, or insignia indicating or implying that a person is an acupuncturist without a
license issued under this section. A student attending an acupuncture training program must be
identified as a student acupuncturist.
    Subd. 3. Penalty. A person who violates this section is guilty of a misdemeanor and subject
to discipline under section 147.091.
    Subd. 4. Exceptions. (a) The following persons may practice acupuncture within the scope
of their practice without an acupuncture license:
(1) a physician licensed under chapter 147;
(2) an osteopath licensed under chapter 147;
(3) a chiropractor licensed under chapter 148;
(4) a person who is studying in a formal course of study or tutorial intern program approved
by the acupuncture advisory council established in section 147B.05 so long as the person's
acupuncture practice is supervised by a licensed acupuncturist or a person who is exempt under
clause (5);
(5) a visiting acupuncturist practicing acupuncture within an instructional setting for the
sole purpose of teaching at a school registered with the Minnesota Office of Higher Education,
who may practice without a license for a period of one year, with two one-year extensions
permitted; and
(6) a visiting acupuncturist who is in the state for the sole purpose of providing a tutorial or
workshop not to exceed 30 days in one calendar year.
(b) This chapter does not prohibit a person who does not have an acupuncturist license from
practicing specific noninvasive techniques, such as acupressure, that are within the scope of
practice as set forth in section 147B.06, subdivision 4.
    Subd. 5.[Repealed, 2004 c 279 art 3 s 3]
    Subd. 6. License by reciprocity. The board shall issue an acupuncture license to a person
who holds a current license or certificate as an acupuncturist from another jurisdiction if the board
determines that the standards for certification or licensure in the other jurisdiction meet or exceed
the requirements for licensure in Minnesota and a letter is received from that jurisdiction that the
acupuncturist is in good standing in that jurisdiction.
    Subd. 7. Licensure requirements. (a) After June 30, 1997, an applicant for licensure must:
(1) submit a completed application for licensure on forms provided by the board, which must
include the applicant's name and address of record, which shall be public;
(2) unless licensed under subdivision 5 or 6, submit a notarized copy of a current NCCAOM
certification;
(3) sign a statement that the information in the application is true and correct to the best of
the applicant's knowledge and belief;
(4) submit with the application all fees required; and
(5) sign a waiver authorizing the board to obtain access to the applicant's records in this state
or any state in which the applicant has engaged in the practice of acupuncture.
(b) The board may ask the applicant to provide any additional information necessary to
ensure that the applicant is able to practice with reasonable skill and safety to the public.
(c) The board may investigate information provided by an applicant to whether the
information is accurate and complete. The board shall notify an applicant of action taken on the
application and the reasons for denying licensure if licensure is denied.
    Subd. 8. Licensure expiration. Licenses issued under this section expire annually.
    Subd. 9. Renewal. (a) To renew a license an applicant must:
(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;
(2) submit the renewal fee;
(3) provide documentation of current and active NCCAOM certification; or
(4) if licensed under subdivision 5 or 6, meet the same NCCAOM professional development
activity requirements as those licensed under subdivision 7.
(b) An applicant shall submit any additional information requested by the board to clarify
information presented in the renewal application. The information must be submitted within 30
days after the board's request, or the renewal request is nullified.
    Subd. 10. Licensure renewal notice. At least 30 days before the license renewal date,
the board shall send out a renewal notice to the last known address of the licensee. The notice
must include a renewal application and a notice of fees required for renewal. If the licensee
does not receive a renewal notice, the licensee must still meet the requirements for registration
renewal under this section.
    Subd. 11. Renewal deadline. The renewal application and fee must be postmarked on or
before June 30 of the year of renewal or as determined by the board.
    Subd. 12. Inactive status. (a) A license may be placed in inactive status upon application
to the board and upon payment of an inactive status fee. The board may not renew or restore a
license that has lapsed and has not been renewed within two annual license renewal cycles.
(b) An inactive license may be reactivated by the license holder upon application to the
board. A licensee whose license is canceled for nonrenewal must obtain a new license by applying
for licensure and fulfilling all the requirements then in existence for the initial license to practice
acupuncture in the state of Minnesota. The application must include:
(1) evidence of current and active NCCAOM certification;
(2) evidence of the certificate holder's payment of an inactive status fee;
(3) an annual fee; and
(4) all back fees since previous renewal.
(c) A person licensed under subdivision 5 who has allowed the license to reach inactive
status must become NCCAOM certified.
    Subd. 13. Temporary permit. The board may issue a temporary permit to practice
acupuncture to an applicant eligible for licensure under this section only if the application
for licensure is complete, all applicable requirements in this section have been met, and a
nonrefundable fee set by the board has been paid. The permit remains valid only until the meeting
of the board at which a decision is made on the acupuncturist's application for licensure.
History: 1995 c 177 s 3; 1995 c 212 art 3 s 59; 1998 c 254 art 1 s 41-44; 1999 c 33 s 4,5;
2002 c 375 art 3 s 8; 2005 c 107 art 2 s 60

147B.03 NCCAOM PROFESSIONAL DEVELOPMENT ACTIVITY REQUIREMENTS.
    Subdivision 1. NCCAOM requirements. Unless a person is licensed under section 147B.02,
subdivision 5 or 6, each licensee is required to meet the NCCAOM professional development
activity requirements to maintain NCCAOM certification. These requirements may be met
through a board approved continuing education program.
    Subd. 2. Board approval. The board shall approve a continuing education program if the
program meets the following requirements:
(1) it directly relates to the practice of acupuncture;
(2) each member of the faculty shows expertise in the subject matter by holding a degree
or certificate from an educational institution, has verifiable experience in traditional Oriental
medicine, or has special training in the subject area;
(3) the program lasts at least one contact hour;
(4) there are specific written objectives describing the goals of the program for the
participants; and
(5) the program sponsor maintains attendance records for four years.
    Subd. 3. Continuing education topics. (a) Continuing education program topics may
include, but are not limited to, Oriental medical theory and techniques including Oriental
massage; Oriental nutrition; Oriental herbology and diet therapy; Oriental exercise; western
sciences such as anatomy, physiology, biochemistry, microbiology, psychology, nutrition, history
of medicine; and medical terminology or coding.
(b) Practice management courses are excluded under this section.
    Subd. 4. Verification. The board shall periodically select a random sample of acupuncturists
and require the acupuncturist to show evidence of having completed the NCCAOM professional
development activities requirements. Either the acupuncturist, the state, or the national
organization that maintains continuing education records may provide the board documentation of
the continuing education program.
History: 1995 c 177 s 4; 1998 c 254 art 1 s 45,46

147B.04 BOARD ACTION ON APPLICATIONS.
    Subdivision 1. Verification of application information. The board or Acupuncture
Advisory Council established under section 147B.05, with the approval of the board, may verify
information provided by an application for licensure under section 147B.02 to determine if the
information is accurate and complete.
    Subd. 2. Notification of board action. Within 120 days of receipt of the application, the
board shall notify each applicant in writing of the action taken on the application.
    Subd. 3. Request for hearing by applicant denied. An applicant denied licensure must
be notified of the determination, and the grounds for it, and may request a hearing on the
determination by filing a written statement of issues with the board within 20 days after receipt
of the notice from the board. After the hearing, the board shall notify the applicant in writing
of its decision.
History: 1995 c 177 s 5

147B.05 ACUPUNCTURE ADVISORY COUNCIL.
    Subdivision 1. Creation. The advisory council to the Board of Medical Practice for
acupuncture consists of seven members appointed by the board to three-year terms. Four members
must be licensed acupuncture practitioners, one member must be a licensed physician or osteopath
who also practices acupuncture, one member must be a licensed chiropractor who is NCCAOM
certified, and one member must be a member of the public who has received acupuncture
treatment as a primary therapy from a NCCAOM certified acupuncturist.
    Subd. 2. Administration; compensation; removal; quorum. The advisory council is
governed by section 15.059.
    Subd. 3. Duties. The advisory council shall:
(1) advise the board on issuance, denial, renewal, suspension, revocation, conditioning, or
restricting of licenses to practice acupuncture;
(2) advise the board on issues related to receiving, investigating, conducting hearings, and
imposing disciplinary action in relation to complaints against acupuncture practitioners;
(3) maintain a register of acupuncture practitioners licensed under section 147B.02;
(4) maintain a record of all advisory council actions;
(5) prescribe registration application forms, license forms, protocol forms, and other
necessary forms;
(6) review the patient visit records submitted by applicants during the transition period;
(7) advise the board regarding standards for acupuncturists;
(8) distribute information regarding acupuncture practice standards;
(9) review complaints;
(10) advise the board regarding continuing education programs;
(11) review the investigation of reports of complaints and recommend to the board whether
disciplinary action should be taken; and
(12) perform other duties authorized by advisory councils under chapter 214, as directed by
the board.
History: 1995 c 177 s 6; 1998 c 254 art 1 s 47; 1999 c 33 s 6; 2003 c 87 s 1; 2007 c 123 s 8

147B.06 PROFESSIONAL CONDUCT.
    Subdivision 1. Practice standards. (a) Before treatment of a patient, an acupuncture
practitioner shall ask whether the patient has been examined by a licensed physician or other
professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness or
injury, and shall review the diagnosis as reported.
(b) The practitioner shall obtain informed consent from the patient, after advising the
patient of the following information which must be supplied to the patient in writing before or at
the time of the initial visit:
(1) the practitioner's qualifications including:
(i) education;
(ii) license information; and
(iii) outline of the scope of practice of acupuncturists in Minnesota; and
(2) side effects which may include the following:
(i) some pain in the treatment area;
(ii) minor bruising;
(iii) infection;
(iv) needle sickness; or
(v) broken needles.
(c) The practitioner shall obtain acknowledgment by the patient in writing that the patient has
been advised to consult with the patient's primary care physician about the acupuncture treatment
if the patient circumstances warrant or the patient chooses to do so.
(d) The practitioner shall inquire whether the patient has a pacemaker or bleeding disorder.
    Subd. 2. Sterilized equipment. An acupuncture practitioner shall use sterilized equipment
that has been sterilized under standards of the National Centers for Disease Control and
Prevention.
    Subd. 3. State and municipal public health regulations. An acupuncture practitioner shall
comply with all applicable state and municipal requirements regarding public health.
    Subd. 4. Scope of practice. The scope of practice of acupuncture includes, but is not
limited to, the following:
(1) using Oriental medical theory to assess and diagnose a patient;
(2) using Oriental medical theory to develop a plan to treat a patient. The treatment
techniques that may be chosen include:
(i) insertion of sterile acupuncture needles through the skin;
(ii) acupuncture stimulation including, but not limited to, electrical stimulation or the
application of heat;
(iii) cupping;
(iv) dermal friction;
(v) acupressure;
(vi) herbal therapies;
(vii) dietary counseling based on traditional Chinese medical principles;
(viii) breathing techniques;
(ix) exercise according to Oriental medical principles; or
(x) Oriental massage.
    Subd. 5. Patient records. An acupuncturist shall maintain a patient record for each patient
treated, including:
(1) a copy of the informed consent;
(2) evidence of a patient interview concerning the patient's medical history and current
physical condition;
(3) evidence of a traditional acupuncture examination and diagnosis;
(4) record of the treatment including points treated; and
(5) evidence of evaluation and instructions given to the patient.
    Subd. 6. Referral to other health care practitioners. Referral to other health care
practitioners is required when an acupuncturist practitioner sees patients with potentially serious
disorders including, but not limited to:
(1) cardiac conditions including uncontrolled hypertension;
(2) acute, severe abdominal pain;
(3) acute, undiagnosed neurological changes;
(4) unexplained weight loss or gain in excess of 15 percent of the body weight in less than a
three-month period;
(5) suspected fracture or dislocation;
(6) suspected systemic infections;
(7) any serious undiagnosed hemorrhagic disorder; and
(8) acute respiratory distress without previous history.
The acupuncturist shall request a consultation or written diagnosis from a licensed physician
for patients with potentially serious disorders.
    Subd. 7. Data practices. Data maintained on an acupuncture patient by an acupuncture
practitioner is subject to section 144.336.
History: 1995 c 177 s 7; 2004 c 279 art 3 s 2

147B.07 DISCIPLINE; REPORTING.
For purposes of this chapter, acupuncturist licensees and applicants are subject to the
provisions of sections 147.091 to 147.162.
History: 1995 c 177 s 8

147B.08 FEES.
    Subdivision 1. Annual registration fee. The board shall establish the fee of $150 for initial
licensure and $150 annual licensure renewal. The board may prorate the initial licensure fee.
    Subd. 2. Penalty fee for late renewals. The penalty fee for late submission for renewal
application is $50.
    Subd. 3. Deposit. Fees collected by the board under this section must be deposited in the
state government special revenue fund.
History: 1995 c 177 s 9