§ 12-200-108 — Unlawful acts - exceptions - definition - title protection

(1)
Nothing in this article 200 shall interfere with, or be interpreted to interfere with or
prevent, any other licensed health-care professional from practicing within the
scope of his or her practice, as defined in this title 12.

(2) (a) It is unlawful for any person to practice acupuncture without a valid
and current license on file with the division, unless the person is practicing pursuant
to section 12-240-107 (3)(l) or (3)(o) or has met the requirements of subsection (3) of
this section.

(b) It is unlawful for any person to:

(I) Engage in the practice of acupuncture without being licensed;

(II) Use the title acupuncturist or licensed acupuncturist, use the
designation L.Ac., or use any other title or designation that suggests the person is
an acupuncturist unless the person is licensed pursuant to this article 200; or

(III) Use the title medical acupuncturist or any other title or designation
that suggests the person is a medical acupuncturist unless the person is practicing
pursuant to section 12-240-107 (1)(a) or (3)(o).

(3) Notwithstanding any provision of this section to the contrary, a person in
training may practice acupuncture without a valid and current license issued by the
division if the practice takes place in the course of a bona fide training program and
the person performs all acupuncture acts and services under the direct, on-site
supervision of a licensed acupuncturist, who is responsible for all such acts and
services as though the licensed acupuncturist had personally performed them.

(4) (a) Notwithstanding any provision of this article 200 to the contrary, a
professional who has provided documentation that the professional has been
trained to perform auricular acudetox in compliance with subsection (4)(d) of this
section may perform auricular acudetox if the auricular acudetox is performed
under the professional's current scope of practice.

(b) A professional performing auricular acudetox pursuant to this subsection
(4) shall not use the title acupuncturist or otherwise claim to be a person qualified
to perform acupuncture beyond the scope of this subsection (4).

(c) As used in this subsection (4), auricular acudetox means the
subcutaneous insertion of sterile, disposable acupuncture needles in the following
five consistent, predetermined bilateral locations:

(I) Sympathetic;

(II) Shen men;

(III) Kidney;

(IV) Liver; and

(V) Lung.

(d) In order to perform auricular acudetox pursuant to this subsection (4), a
professional must successfully complete a training program in auricular acudetox
for the treatment of substance use disorders that meets or exceeds standards of
training established by a national organization approved by the director.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1026, � 1, effective October 1. L. 2020: IP(4)(a) amended and (4)(a)(III) repealed, (HB 20-1206), ch. 304, p. 1544, � 44, effective July 14. L. 2021: (4)(a), (4)(b), and (4)(d) amended, (HB 21-1146), ch. 71, p. 290, � 1, effective April 29. L. 2022: (2) and (4)(d) amended, (HB 22-1263), ch. 254, p. 1852, � 10, effective September 1.