MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Public Health and Human Services

By: Representative Weathersby

House Bill 82

AN ACT TO AMEND SECTION 73-71-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT FOR AN ACUPUNCTURE PRACTITIONER TO HAVE A WRITTEN REFERRAL OR PRESCRIPTION FROM A PHYSICIAN BEFORE THE PRACTITIONER MAY PERFORM ACUPUNCTURE ON A PATIENT, AND THE REQUIREMENT FOR AN ACUPUNCTURE PRACTITIONER TO PERFORM ACUPUNCTURE UNDER THE GENERAL SUPERVISION OF THE PATIENT'S REFERRING OR PRESCRIBING PHYSICIAN; TO AUTHORIZE ACUPUNCTURE PRACTITIONERS TO PERFORM ACUPUNCTURE ON A PERSON WHO HAS BEEN EVALUATED BY A LICENSED PHYSICIAN OR DENTIST FOR THE CONDITION BEING TREATED WITHIN TWELVE MONTHS BEFORE THE DATE ACUPUNCTURE IS PERFORMED ON THE PERSON, AND TO PERFORM ACUPUNCTURE ON A PERSON WHO WAS REFERRED BY A CHIROPRACTOR IF THE ACUPUNCTURE PRACTITIONER BEGINS THE TREATMENT WITHIN THIRTY DAYS AFTER THE DATE OF THE REFERRAL; TO AUTHORIZE ACUPUNCTURE PRACTITIONERS TO PERFORM ACUPUNCTURE ON A PERSON FOR SMOKING ADDICTION, WEIGHT LOSS, CHRONIC PAIN, ALCOHOLISM OR SUBSTANCE ABUSE WITHOUT AN EVALUATION OR A REFERRAL FROM A PHYSICIAN, DENTIST, OR CHIROPRACTOR, SUBJECT TO CERTAIN CONDITIONS; TO REPEAL SECTION 73-71-9, MISSISSIPPI CODE OF 1972, WHICH SETS OUT CERTAIN REQUIREMENTS FOR THE SUPERVISING PHYSICIAN OF AN ACUPUNCTURE PRACTITIONER; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 73-71-7, Mississippi Code of 1972, is amended as follows:

     73-71-7.  (1)  * * *All of the following shall apply to An acupuncture practitioner * * *who is licensed to practice in Mississippi may:

 * * *  (a)  The practitioner shall perform the technique of acupuncture for a patient only if the patient has received a written referral or prescription for acupuncture from a physician.  As specified in the referral or prescription, the acupuncturist shall provide reports to the physician on the patient's condition or progress in treatment and comply with the conditions or restrictions on the acupuncturist's course of treatment.

  (b)  The practitioner shall perform the technique of acupuncture under the general supervision of the patient's referring or prescribing physician.  General supervision does not require that the acupuncturist and physician practice in the same office.

  (c)  Before treating a patient, the practitioner shall advise the patient that acupuncture is not a substitute for conventional medical diagnosis and treatment and shall obtain the informed consent of the patient.

  (d)  On initially meeting a patient in person, the practitioner shall provide in writing the practitioner's name, business address, and business telephone number, and information on acupuncture, including the techniques that are used.

  (e)  While treating a patient, the practitioner shall not make a diagnosis.  If a patient's condition is not improving or a patient requires emergency medical treatment, the practitioner shall consult promptly with a physician.

(a)  Perform acupuncture on a person who has been evaluated by a licensed physician or dentist, as appropriate, for the condition being treated within twelve (12) months before the date acupuncture is performed on the person; and

(b)  Perform acupuncture on a person who was referred by a chiropractor licensed by the Mississippi Board of Chiropractic Examiners if the acupuncture practitioner begins the treatment within thirty (30) days after the date of the referral.  The acupuncture practitioner shall refer the patient to a licensed Mississippi physician or dentist after performing acupuncture twenty (20) times or for two (2) months, whichever occurs first, if no substantial improvement occurs in the patient's condition for which the referral was made.

(2)  Notwithstanding the provisions of paragraphs (a) and (b) of subsection (1) of this section, an acupuncture practitioner may without an evaluation or a referral from a physician, dentist, or chiropractor perform acupuncture on a person for smoking addiction, weight loss, chronic pain, alcoholism or substance abuse, subject to the following conditions:

(a)  An acupuncture practitioner shall recommend an evaluation by a licensed Mississippi physician or dentist, as appropriate, of a patient who is being treated for chronic pain if after performing acupuncture twenty (20) times or for two months, whichever occurs first, there is no substantial improvement of the patient's chronic pain; and

(b)  An acupuncture practitioner shall recommend an evaluation by a licensed Mississippi physician or dentist, as appropriate, of a patient who is being treated for alcoholism or substance abuse if after performing acupuncture twenty (20) times or for two (2) months, whichever occurs first, there is no substantial improvement of the patient's alcoholism or substance abuse.

     SECTION 2.  Section 73-71-9, Mississippi Code of 1972, which sets out certain requirements for the supervising physician of an acupuncture practitioner, is repealed.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2016.

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