§ 20-206bb — Licensure. Fee. Qualifications. Renewal. Exemptions. Use of title.

Connecticut § 20-206bb

• Jurisdiction: Connecticut
• Title 20: Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards
• Ch. 384c: Acupuncturists

Text

(a) No person shall engage in the practice of acupuncture without a license as an acupuncturist issued pursuant to this section. (b) Each person seeking licensure as an acupuncturist shall make application on forms prescribed by the department, pay an application fee of two hundred dollars and present to the department satisfactory evidence that the applicant has (1) completed sixty semester hours, or its equivalent, of postsecondary study in an institution of postsecondary education that, if in the United States or its territories, was accredited by a recognized regional accrediting body or, if outside the United States or its territories, was legally chartered to grant postsecondary degrees in the country in which located, (2) successfully completed a course of study in acupuncture in a program that, at the time of graduation, was in candidate status with or accredited by an accrediting agency recognized by the United States Department of Education and included (A) for a person who completed such course of study before October 1, 2012, a minimum of one thousand three hundred fifty hours of didactic and clinical training, five hundred of which were clinical, or (B) for a person who completed such course of study on or after October 1, 2012, a minimum of one thousand nine hundred five hours of didactic and clinical training, six hundred sixty of which were clinical, (3) passed all portions of the National Certification Commission for Acupuncture and Oriental Medicine examination required for acupuncture certification or an examination prescribed by the department, (4) successfully completed a course in clean needle technique prescribed by the department, and (5) prior to providing direct patient care services, acquired professional liability insurance or other indemnity against liability for professional malpractice. Any person successfully completing the education, examination or training requirements of this section in a language other than English shall be deemed to have satisfied the requirement completed in that language. The amount of insurance that each person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall be not less than two hundred fifty thousand dollars for one person, per occurrence, with an aggregate of not less than one million dollars. (c) An applicant for licensure as an acupuncturist by endorsement shall present evidence satisfactory to the commissioner of licensure or certification as an acupuncturist, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction whose requirements for practicing in such capacity are equivalent to or higher than those of this state and that there are no disciplinary actions or unresolved complaints pending. Any person completing the requirements of this section in a language other than English shall be deemed to have satisfied the requirements of this section. (d) Notwithstanding the provisions of subsection (b) of this section, the department shall, prior to September 1, 2005, issue a license to any applicant who presents to the department satisfactory evidence that the applicant has (1) earned, or successfully completed requirements for, a master's degree in acupuncture from a program that includes a minimum of one thousand three hundred fifty hours of didactic and clinical training, five hundred of which are clinical, from an institution of higher education accredited by the Board of Regents for Higher Education or Office of Higher Education at the time of the applicant's graduation, (2) passed all portions of the National Certification Commission for Acupuncture and Oriental Medicine acupuncture examination, including the acupuncture portion of the comprehensive written examination in acupuncture, the clean needle technique portion of the comprehensive written examination in acupuncture and the practical examination of point location skills, and (3) successfully completed a course in clean needle technique offered by the Council of Colleges of Acupuncture and Oriental Medicine. (e) Licenses shall be renewed once every two years in accordance with the provisions of subsection (e) of section 19a-88 . The fee for renewal shall be two hundred fifty-five dollars. (1) Except as provided in subdivision (2) of this subsection, for registration periods beginning on and after October 1, 2014, a licensee applying for license renewal shall (A) maintain a certification by the National Certification Commission for Acupuncture and Oriental Medicine, or (B) earn not less than thirty contact hours of continuing education approved by the National Certification Commission for Acupuncture and Oriental Medicine within the preceding twenty-four-month period. For registration periods beginning on and after October 1, 2015, a licensee who provides direct patient care services and who is applying for license renewal shall maintain professional liability insurance or other indemnity against liability for professional malpractice. (2) Each licensee applying for license renewal pursuant to section 19a-88 , except a licensee applying for a license renewal for the first time, shall sign a statement attesting that he or she has satisfied the certification or continuing education requirements described in subdivision (1) of this subsection on a form prescribed by the department. Each licensee shall retain records of attendance or certificates of completion that demonstrate compliance with the continuing education or certification requirements described in subdivision (1) of this subsection for not less than five years following the date on which the continuing education was completed or the certification was renewed. Each licensee shall submit such records to the department for inspection not later than forty-five days after a request by the department for such records. (3) In individual cases involving medical disability or illness, the commissioner may grant a waiver of the continuing education or certification requirements or an extension of time within which to fulfill such requirements of this subsection to any licensee, provided the licensee submits to the department an application for waiver or extension of time on a form prescribed by the commissioner, along with a certification by a licensed physician, a licensed physician assistant or a licensed advanced practice registered nurse of the disability or illness and such other documentation as may be required by the department. The commissioner may grant a waiver or extension for a period not to exceed one registration period, except that the commissioner may grant additional waivers or extensions if the medical disability or illness upon which a waiver or extension is granted continues beyond the period of the waiver or extension and the licensee applies for an additional waiver or extension. (4) A licensee whose license has become void pursuant to section 19a-88 and who applies to the department for reinstatement of such license, shall submit evidence documenting valid acupuncture certification by the National Certification Commission for Acupuncture and Oriental Medicine or successful completion of fifteen contact hours of continuing education within the one-year period immediately preceding application for reinstatement. (f) No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or territory of the United States. (g) Nothing in section 20-206aa or 20-206cc or this section shall be construed to prevent licensed practitioners of the healing arts, as defined in section 20-1 , physical therapists or dentists from providing care or performing services consistent with accepted standards within their respective professions. (h) Notwithstanding the provisions of subsection (a) of this section, any person who maintains certification with the National Acupuncture Detoxification Association may practice the five-point auricular acupuncture protocol specified as part of such certification program as an adjunct therapy for the treatment of alcohol and drug abuse and other behavioral interventions for which the protocol is indicated, provided the treatment is performed under the supervision of a physician licensed under chapter 370, a physician assistant licensed under chapter 370, an advanced practice registered nurse licensed under chapter 378 or an acupuncturist licensed under chapter 384c and is performed in (1) a private freestanding facility licensed by the Department of Public Health that provides care or treatment for substance abusive or dependent persons, (2) a setting operated by the Department of Mental Health and Addiction Services, or (3) any other setting where such protocol is an appropriate adjunct therapy to a substance abuse or behavioral health treatment program. The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section. (i) Notwithstanding the provisions of subsection (a) of this section, no license to engage in the practice of acupuncture is required of: (1) Students enrolled in a college or program of acupuncture if (A) the college or program is recognized by the Accreditation Commission for Acupuncture and Oriental Medicine or licensed or accredited by the Board of Regents for Higher Education or Office of Higher Education, and (B) the practice that would otherwise require a license is pursuant to a course of instruction or assignments from a licensed instructor and under the supervision of the instructor; or (2) faculty members providing the didactic and clinical training necessary to meet the accreditation standards of the Accreditation Commission for Acupuncture and Oriental Medicine at a college or program recognized by the commission or licensed or accredited by the Board of Regents for Higher Education or Office of Higher Education. For purposes of this subsection, “licensed instructor” means a faculty member or instructor licensed under this section or otherwise authorized to engage in the practice of acupuncture in this state. (j) No person shall use the title “acupuncturist”, or use in connection with his or her name, any letters, words or insignia indicating or implying that such person is a licensed acupuncturist or advertise services as an acupuncturist, unless such person holds a license as an acupuncturist issued pursuant to this section. No person shall represent himself or herself as being certified to practice auricular acupuncture for the treatment of alcohol and drug abuse, or use in connection with his or her name the term “acupuncture detoxification specialist”, or the letters “A.D.S.” or any letters, words or insignia indicating or implying that such person is certified to practice auricular acupuncture for the treatment of alcohol and drug abuse unless such person is certified in accordance with subsection (h) of this section. Nothing in this subsection shall be construed to prevent a person from providing care, or performing or advertising services within the scope of such person's license or as otherwise authorized in this section.

Legislative History

(P.A. 95-321, S. 2; P.A. 96-225, S. 1, 4; P.A. 97-213, S. 9, 13; P.A. 98-9; P.A. 99-249, S. 1, 10; June Sp. Sess. P.A. 99-2, S. 71, 72; June 30 Sp. Sess. P.A. 03-3, S. 22; P.A. 04-221, S. 26; P.A. 07-166, S. 3; P.A. 09-21, S. 1; June Sp. Sess. P.A. 09-3, S. 222; P.A. 10-117, S. 14; P.A. 11-48, S. 285; 11-242, S. 54; P.A. 12-39, S. 1; 12-156, S. 54, 62; 12-197, S. 43; P.A. 13-118, S. 21; P.A. 15-242, S. 22, 23; 15-244, S. 129; June Sp. Sess. P.A. 15-5, S. 474; P.A. 16-39, S. 39; 16-43, S. 5; P.A. 19-118, S. 26; P.A. 21-196, S. 45; P.A. 22-92, S. 7.) History: P.A. 96-225 inserted new Subsec. (c) concerning alternative means of qualification, relettered previously existing Subsecs. and added Subsec. (g) re auricular acupuncture, effective June 4, 1996; P.A. 97-213 amended Subsec. (c) to substitute “shall, prior to January 1, 1999,” for “may, not later than 30 days following June 4, 1996” re issue of license, deleted existing Subdivs. (1) to (3) inclusive, substituted new Subdiv. (1) and (2) re examination by the National Commission for the Certification of Acupuncturists, redesignated existing Subdiv. (4) as Subdiv. (3), and deleted Subdiv. (5), effective June 26, 1997; P.A. 98-9 amended Subsec. (b) by adding provision that completion of education, examination or training in language other than English is deemed to have satisfied the requirement completed in that language, inserted new Subsec. (c) re licensure by endorsement and relettered Subsecs. (c), (d), (e), (f) and (g) as (d), (e), (f), (g) and (h), respectively; P.A. 99-249 amended Subsec. (d) to substitute “September” for “January”, added new Subsec. (i) re exemption for certain students and faculty and made technical changes, effective June 29, 1999; June Sp. Sess. P.A. 99-2 amended Subsec. (d) by redesignating subparagraphs and adding Subdiv. (2) re alternative method of licensure available prior to September 1, 1999, effective June 29, 1999; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (e) by changing license renewal from annually to biennially and increasing renewal fee from $100 to $200, effective January 1, 2004; P.A. 04-221 amended Subsec. (d) by revising requirements for alternative method of licensure and changing end date for such licensure from September 1, 1999, to September 1, 2005, effective June 8, 2004; P.A. 07-166 amended Subsec. (i)(1) and (2) to substitute “Board of Governors of Higher Education” for “Board of Governors for Higher Education”, effective June 19, 2007; P.A. 09-21 added Subsec. (j) re use of title “acupuncturist” and use of term “acupuncture detoxification specialist”; June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase fee from $100 to $200 and amended Subsec. (e) to increase fee from $200 to $250; P.A. 10-117 amended Subsec. (c) by changing “substantially similar” to “equivalent”; pursuant to P.A. 11-48, “Board of Governors of Higher Education” and “Department of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education” in Subsecs. (d) and (i), effective July 1, 2011; P.A. 11-242 amended Subsec. (a) by substituting “engage in the practice of acupuncture” for “perform acupuncture” and amended Subsec. (i) by substituting “engage in the practice of acupuncture” for “practice acupuncture” and by removing “licensed faculty member” as a defined term; P.A. 12-39 amended Subsec. (b) by designating existing provision in Subdiv. (2) re required course of study as Subpara. (A) and applying such provision to course of study completed before October 1, 2012, adding Subpara. (B) in Subdiv. (2) re course of study completed on or after October 1, 2012, and adding provision in Subdiv. (3) re evidence of passing examination required for acupuncture certification, amended Subsec. (e) by adding Subdiv. (1) re renewal licenses for registration periods beginning October 1, 2014, Subdiv. (2) re licensee's statement of certification or continuing education, retaining records and submission of records to department, Subdiv. (3) re waiver of continuing education or certification requirements and Subdiv. (4) re reinstatement of void license and amended Subsec. (g) by making technical changes; P.A. 12-156 amended Subsecs. (d) and (i) by adding references to State Board of Education re accreditation, effective June 15, 2012; P.A. 12-197 made identical changes as P.A. 12-39; P.A. 13-118 amended Subsecs. (d) and (i) to replace “State Board of Education” with “Office of Higher Education”, effective July 1, 2013; P.A. 15-242 amended Subsec. (b) by adding Subdiv. (5) re professional liability insurance or other indemnity against liability, adding provision re amount of insurance and making technical changes, and amended Subsec. (e)(1) by adding provision re maintenance of professional liability insurance or other indemnity against liability; P.A. 15-244 amended Subsec. (e) to increase renewal fee from $250 to $255, effective July 1, 2015; June Sp. Sess. P.A. 15-5 changed effective date of P.A. 15-244, S. 129, from July 1, 2015, to October 1, 2015, and applicable to the renewal of a license or certificate that expires on or after that date, effective June 30, 2015; P.A. 16-39 amended Subsec. (e)(3) by adding reference to licensed advanced practice registered nurse; P.A. 16-43 amended Subsec. (h) by replacing provision re certification by organization approved by commissioner with provision re certification with National Acupuncture Detoxification Association, adding reference to five-point protocol, adding provision re other behavioral interventions, adding Subdiv. (3) re other setting where protocol is appropriate adjunct therapy, and making technical and conforming changes; P.A. 19-118 amended Subsec. (h) by replacing “shall” with “may” re adoption of regulations and replacing provision re ensuring safe provision of auricular acupuncture with provision re implementing the provisions of section, effective July 1, 2019; P.A. 21-196 amended Subsec. (e)(3) by adding reference to licensed physician assistant; P.A. 22-92 amended Subsec. (h) by adding references to a physician assistant, an advanced practice registered nurse and an acupuncturist.