Senate Bill 2022

AN ACT TO AMEND SECTION 73-71-19, MISSISSIPPI CODE OF 1972, TO REQUIRE ACUPUNCTURE PRACTITIONERS TO RECERTIFY EVERY FOUR YEARS ACCORDING TO THE CURRENT REQUIREMENTS OF THE NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE (NCCAOM); TO REPEAL SECTIONS 73-71-7 AND 73-71-9, MISSISSIPPI CODE OF 1972, WHICH REQUIRE THE WRITTEN REFERRAL OR PRESCRIPTION FOR ACUPUNCTURE FROM A PHYSICIAN AND REQUIRE THE PHYSICIAN TO PERFORM A MEDICAL DIAGNOSTIC EXAMINATION PRIOR TO SUCH REFERRAL OR PRESCRIPTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-71-19, Mississippi Code of 1972, is amended as follows:

73-71-19. (1) No person shall be licensed to practice acupuncture unless he or she has passed an examination and/or has been found to have the necessary qualifications as prescribed in the regulations adopted by the board.

(2) Before any applicant is eligible for an examination or qualification, he or she shall furnish satisfactory proof that he or she:

(a) Is a citizen or permanent resident of the United States;

(b) Has demonstrated proficiency in the English language;

(d) Is of good moral character;

(e) Has completed a program of acupuncture and has received a certificate or diploma from an institute approved by the board, according to the provisions of this chapter;

(f) Has completed a clinical internship training as approved by the board; and

(g) Has received training in cardiopulmonary resuscitation (CPR).

(3) The board may hold an examination at least once a year, and all applicants shall be notified in writing of the date and time of all examinations. The board may use a NCCAOM examination if it deems that national examination to be sufficient to qualify a practitioner for licensure in this state, and that practitioner must recertify every four (4) years, according to the current requirements and standards of the NCCAOM. In no case shall the state's own examination be less rigorous than the nationally recognized examination.

(4) In addition to the written examination, if the nationally recognized examination does not provide a suitable practical examination comparable to board standards, the board shall examine each applicant in the practical application of Oriental medical diagnostic and treatment techniques in a manner and by methods that reveal the applicant's skill and knowledge.

(5) The board shall require all qualified applicants to be examined in the following subjects:

(a) Anatomy and physiology;

(b) Pathology;

(d) Hygiene, sanitation and sterilization techniques;

(e) All major acupuncture principles, practices and techniques; and

(f) Clean Needle Technique Exam.

(6) To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose. Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency. The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories. The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.

(7) The board shall issue a license to every applicant whose application has been filed with and approved by the board and who has paid the required fees and who either:

(a) Has passed the board's written examination and practical examination, with a score of not less than seventy percent (70%) on each examination; or

(b) Has achieved a passing score on a board approved nationally recognized examination, which examination includes a written and practical portion, as determined by the board; or

(d) Has achieved a passing score on a board approved nationally recognized written examination and has passed the board's practical examination with a score of not less than seventy percent (70%).

(8) The board shall keep a record of all examinations held, together with the names and addresses of all persons taking examinations, and the examination results. Within forty-five (45) days after the examination, the board shall give written notice of the results of the examination to each applicant.

SECTION 2. Sections 73-71-7 and 73-71-9, Mississippi Code of 1972, which require the written referral or prescription for acupuncture from a physician and require the physician to perform a medical diagnostic examination prior to such referral or prescription, are hereby repealed.

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