ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: HHS DPA/SE 7-0-0-0 | 3rd Read 28-0-2-0

House: LARA DP 4-3-0-2


SB 1401: animal acupuncture; certification; requirements

Sponsor: Senator Wadsack, LD 17

House Engrossed

Overview

Allows an acupuncturist to treat animals if the acupuncturist is certified by the Acupuncture Board of Examiners and a national certifying body and complies with other specified requirements.

History

Acupuncture is a practice that originated from traditional Chinese medicine which involves inserting fine needles through the skin at certain points on a body to relieve discomfort associated with a variety of diseases and conditions.

The primary way to practice acupuncture in Arizona is by being licensed through the Acupuncture Board of Examiners. To be licensed, a person must:

1)   Either be certified by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM), have passed the NCCAOM exams required to be certified by NCCAOM, or be licensed by another state with similar standards to Arizona;

2)   Graduate or complete an accredited or Arizona Acupuncture Board of Examiners-approved acupuncture program;

3)   Complete at least 1,850 hours of training that includes 800 hours of clinical training;

4)   Successfully complete a clean needle technique course;

5)   Have not had a license or certificate revoked; and

6)   Have a valid fingerprint clearance card (A.R.S. § 32-3924).

Additionally, a licensee must complete at least 15 hours of Acupuncture Board of Examiners-approved continuing education each year (A.R.S. § 32-3925). A licensed acupuncturist may practice in a variety of contexts, including under the supervision of a licensed veterinarian (A.R.S. §§ 32-2201 and 32-2211). However, other professions have incorporated acupuncture or similar practices into their respective scopes of practices (A.R.S. § 32-3921).

Veterinarians licensed in Arizona may practice acupuncture on animals (A.R.S. §§ 32-2201 and 32-2212). However, a veterinarian must apply professionally acceptable procedures and employ current professional scientific knowledge when treating an animal (A.A.C. R3-11-501). To that end, both the International Veterinary Acupuncture Society and American Academy of Veterinary Acupuncture offer certification courses in veterinary acupuncture. Failure to apply professionally acceptable procedures and employ current professional scientific knowledge when treating an animal may constitute "gross incompetence" or a violation of the standards of professional ethics. Either of these are grounds for the Arizona State Veterinary Medical Examining Board to revoke or suspend a veterinarian's license or impose civil penalties (A.R.S. §§ 32-2201, 32-2232 and 32-2233).

Provisions

1.   Allows an acupuncturist to apply for certification by the Acupuncture Board of Examiners to treat animals if the acupuncturist is nationally certified by the American Board of Animal Acupuncture or the National Certification Commission for Acupuncture and Oriental Medicine to treat animals. (Sec. 2)

2.   Authorizes the Acupuncture Board of Examiners to prescribe procedures for applying for this certification and the certification fee. (Sec. 2)

3.   Allows an acupuncturist who receives this certification to apply all appropriate modalities prescribed in the statutes and rules of Acupuncture Board of Examiners when treating animals. (Sec. 2)

4.   Directs the Acupuncture Board of Examiners to adjudicate complaints arising from acupuncture treatment on animals and consult a licensed veterinarian as a subject matter expert on animal health. (Sec. 2)

5.   Specifies that an acupuncturist is not practicing veterinary medicine if the acupuncturist is treating an animal consistent with statute and the following requirements:

a)   Is nationally certified by the American Board of Animal Acupuncture or the National Certification Commission for Acupuncture and Oriental Medicine to treat animals;

b)   Provides proof of current certification in animal acupuncture to the Acupuncture Board of Examiners;

c)   Received a referral for acupuncture treatment from a licensed veterinarian who diagnosed the animal;

d)   Maintains records on every animal and provides records to the treating veterinarian on request;

e)   Maintains adequate insurance to specifically cover any injuries to the animal, the animal's owner or staff members working on the animal;

f) Assesses and treats the animal consistent with licensed acupuncturist's training and, on request, communicates the findings, treatment and results to the treating licensed veterinarian in a timely manner.

g)   Requires the licensed veterinarian to, on request, provide the treating acupuncturist with all medical information that may assist in treating the animal.

h)   Is solely liable for the acupuncture treatments provided to the animal that is also under the care of a licensed veterinarian. 

i)   When treating an animal at a facility operated by a licensed veterinarian, the acupuncturist complies with the following:

i.   The acupuncturist may not treat the animal in the same area as human patients;

ii. The premises has secured areas to safely contain animals during treatment;

iii.   The staff is trained to properly hold any animal being treated;

iv. Protocols are in place to handle emergency situations that may arise with the animal being treated;

v. Sanitation protocols are in place to ensure human and animal safety; and

vi. The rules adopted by Acupuncture Board of Examiners. (Sec. 1)

6.   Defines licensed veterinarian. (Sec. 2)

7.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteMakes technical and conforming changes. (Sec. 1 and 2)

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11.                    SB 1401

12.  Initials PAB           Page 0 House Engrossed

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