Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 148 of chapter 112 of the General Laws, as appearing in section 1 of chapter 759 of the acts of 1985, is hereby amended by striking out the definition of "Board" and inserting in place thereof the following definition:-

"Board", the board of registration in medicine, established under the provisions of section ten of chapter thirteen.

SECTION 2. Section 150 of said chapter 112, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

All monies received by the committee shall be paid monthly to the General Fund. All expenses and compensation of the committee shall be paid by the commonwealth.

SECTION 3. Section 154 of said chapter 112, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The committee shall examine applicants for licensure as acupuncturists at least annually in such places as it may determine commencing in calendar year nineteen hundred and eighty-seven.

SECTION 4. Said chapter 112 is hereby further amended by striking out section 156, as so appearing, and inserting in place thereof the following section:-

Section 156. The committee shall require that all acupuncturists registered in the commonwealth renew their licenses at two year intervals. The renewal date shall be the licensee's birthday, in the renewal year. The committee shall, by regulation, determine the renewal year. For the purpose of this section, the birthday of a person born on February twenty-ninth shall be deemed to be February twenty-eighth. Every renewal applicant shall complete a renewal application, as prescribed by the committee, and pay a fee which shall be determined by the commissioner of administration under the provisions of section three B of chapter seven. The license of any licensee who does not file a completed renewal application together with the fee shall be automatically revoked, but shall be revived upon completion of the renewal process.

SECTION 5. Said chapter 112 is hereby further amended by striking out section 158, as so appearing, and inserting in place thereof the following section:-

Section 158. The committee may, after a hearing pursuant to chapter thirty A, revoke, suspend, or cancel the license of an acupuncturist, or reprimand or censure an acupuncturist if it finds upon proof satisfactory to the committee that such acupuncturist:

(a) fraudulently procured licensure as an acupuncturist;

(b) violated any provision of law relating to the practice of medicine or acupuncture, or any rule or regulation adopted thereunder;

(c) acted with gross misconduct in the practice of acupuncture or of practicing acupuncture fraudulently, or beyond its authorized scope, or with gross incompetence, or with gross negligence on a particular occasion or negligence on repeated occasions;

(d) practiced acupuncture while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;

(e) was habitually drunk or being or having been addicted to, dependent on, or a habitual user of narcotics, barbituates, amphetamines, hallucinogens, or other drugs having similar effects;

(f) knowingly permitted, aided or abetted an unlicensed person to perform activities requiring a license for purposes of fraud, deception or personal gain;

(g) has been convicted of a criminal offense which reasonably calls into question the ability to practice acupuncture;

(h) violated any rule or regulation of the board or the committee;

(i) practiced acupuncture other than upon a referral or receipt of written diagnosis of a physician or dentist duly licensed in the commonwealth; or

(j) acted in a manner which is professionally unethical according to ethical standards of the profession of acupuncture.

No person filing a complaint or reporting information pursuant to this section or assisting the committee or board at its request in any manner in discharging its duties and functions shall be liable in any cause of action arising out of receiving such information or assistance, providing the person making the complaint or reporting or providing such information or assistance does so in good faith and without malice.

SECTION 6. Said chapter 112 is hereby further amended by striking out section 159, as so appearing, and inserting in place thereof the following section:-

Section 159. Any person who practices acupuncture in the commonwealth without a license granted pursuant to sections one hundred and fifty to one hundred and fifty-seven, inclusive, shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment for not more than three months, or both such fine and imprisonment.

The committee may petition in any court of competent jurisdiction for an injunction against any person practicing acupuncture or any branch thereof without a license. Such injunction may be issued without proof of damage sustained by any person. Such injunction shall not relieve such person from criminal prosecution for practicing without a license.

SECTION 7. Section 162 of said chapter 112, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Nothing contained herein shall prevent licensed physicians from practicing acupuncture.