Bill S.2698

FILED ON: 2/3/2020

SENATE . . . . . . . . . . . . . . No. 2698

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to acupuncture detoxification specialists.

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. Chapter 111 of the General Laws is hereby amended by inserting after section 236, the following section:-

Section 237. (a) As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

“Auricular acupuncture detoxification”, the treatment by means of the subcutaneous insertion of sterile, disposable acupuncture needles in consistent, predetermined bilateral locations on the ear in accordance with the NADA protocol.

“Acupuncture detoxification specialist”, a qualified health care professional who is registered with the department to engage in the practice of auricular acupuncture detoxification in the commonwealth under the provisions of this section.

“Department”, the department of public health

"General supervision" available by phone or other electronic means during business hours with in-person site visits as may be determined necessary by a licensed acupuncturist.

“Licensed acupuncturist”, an individual who is licensed under the provisions of sections 148 to 162, inclusive, of chapter 112 to practice as a licensed acupuncturist.

“NADA training” means the standardized auricular acupuncture detoxification protocol training developed by NADA that is in effect on January 1, 2019.

“National Acupuncture Detoxification Association” or “NADA”, the National Acupuncture Detoxification Association a non-profit organization that provides a certificate of completion for auricular acupuncture detoxification training

“Qualified health care professional”, a qualified individual who is a: (i) licensed physician, licensed psychologist, licensed independent clinical social worker; licensed clinical social worker, licensed mental health counselor, licensed psychiatric clinical nurse specialist, certified addictions registered nurse; licensed alcohol and drug counselor I or licensed alcohol and drug counselor II as defined in section 1 of chapter 111J, certified alcohol and drug abuse counselor or certified alcohol and drug abuse counselor II as certified by the Massachusetts board of substance abuse counselor certification or an equivalent certifying body, or a licensed registered nurse or certified nurse practitioner by the board of registration pursuant to the provisions of chapter 112; and (ii) has received training and a certificate of completion from NADA, or from a state recognized organization or agency that meets or exceeds NADA training, to engage in the practice of the standardized auricular acupuncture detoxification protocol for the treatment of addictions, mental and behavioral health, disaster relief, and emotional trauma.

(b) A qualified health care professional who desires to practice auricular acupuncture detoxification in the commonwealth within their designated lawful scope of practice shall file an application with the department, on a form provided by the commissioner, to be registered as an acupuncture detoxification specialist. Each application may be accompanied by the payment of a fee to be determined by the department.

The applicant seeking to register and practice as an acupuncture detoxification specialist shall, at a minimum, furnish (i) proof of relevant licensure or certification as a qualified health care professional and (ii) proof of completion of the NADA training or an equivalent training certificate by a state approved organization. An applicant who is registered or certified in another state wherein the requirements are deemed by the department to be equivalent to or in excess of the requirements of this chapter shall be allowed to practice auricular acupuncture detoxification within the commonwealth in accordance with the provisions of this section. A registration issued under this section shall be permitted for a period of 2 years and subject to renewal as determined by the department.

(c) No person who is not a licensed acupuncturist shall engage in the practice of the auricular acupuncture detoxification protocol in the commonwealth, or shall not in any manner represent themselves as an acupuncture detoxification specialist, unless the individual has been issued an approved registration by the department to practice auricular acupuncture detoxification in accordance with the provisions of this section and the protocol in accordance with NADA training.

The auricular acupuncture detoxification protocol shall only be performed in the commonwealth by a licensed acupuncturist or a qualified health care professional within their designated lawful scope of practice for the purpose of providing integrated health care delivery interventions in substance abuse treatment and wellness promotion including, but not limited to, treating mental and emotional health, post and acute trauma, addiction or chemical dependency.

(d) A qualified health care professional registered in accordance with the provisions of this section shall be under the general supervision of a licensed acupuncturist; provided, however, that no such individual shall use the title "acupuncturist", or otherwise represent themselves or imply that such individual is a licensed acupuncturist and shall not perform or practice acupuncture outside of the scope of the auricular acupuncture detoxification NADA protocol as defined in this section.

(e) Nothing in this chapter or sections 149 to 162, inclusive, of chapter 112 shall prohibit, limit, interfere with, or prevent a qualified health care professional from practicing or performing auricular acupuncture detoxification if such person is acting within the lawful scope of practice in accordance with such person’s license and is performed within (i) a private freestanding facility licensed by the department that provides care or treatment for persons with substance use disorders or other addictive disorders; (ii) a facility under the direction and supervision of the department of mental health; (iii) a setting approved or licensed by the department of mental health; or (iv) any other setting where such auricular acupuncture detoxification protocol is an appropriate adjunct therapy to a substance use disorder or behavioral health treatment program; provided, however, individual or one-on-one appointments with a health care provider not within a setting pursuant to this subsection shall not be considered an appropriate setting in accordance with the provisions of this section.

(f)The department may promulgate regulations to implement the provisions of this section.

SECTION 2. Chapter 122 of the General Laws is hereby amended by inserting after section 155, the following section:-

Section 155A. Nothing in this chapter shall prohibit, limit, interfere with, or prevent a licensed physician or medical acupuncturist from practicing or performing auricular acupuncture detoxification, as defined in section 237 of chapter 111, if such person is acting within the lawful scope of practice in accordance with such person’s license.