Tl-tIRT€€NTH CON6RESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
First Regular Session 
1 
S E N A T E  
jrntrwluced by Setrotor Juan M. Flovier 
EXPLANATORY NOTE 
Acupuncture is one of the oldest, most commonly used medical 
procedure in the world which originated in China more than 2.000 years ago. 
The term acupuncture describes a family o f  procedure involving 
stimulation of anatomical parts of the body by a variety o f  techniques. The 
acupuncture technique that has been most studied scientifically involves 
penetrating the skin with thin, solid, metallic needles that are manipulated 
by the hand or by electrical stimulation. 
As t o  the efficacy of acupuncture, according to the US National 
Institutes of Wealth Consensus Statement on Acupuncture, there have been 
many studies on acupuncture's potential usefulness. Promising results have 
emerged, showing efficacy 
o f  acupuncture, for 
example, in adult 
postoperative and chemotherapy nausea and vomiting and in postoperative 
dental pain. There are other situations - such as addiction, stroke. 
rehabilitation, headache, menstrual cramps, tennis elbow, myofacial pain, 
osteoarthritis, low-back pain, carpal tunnel syndrome, and asthma - in which 
acupuncture may be useful as an adjunct treatment or an acceptable 
alternative or be included in a comprehensive management program. Another 
US Study showed that acupuncture provides pain relief, improves function 
for the people with osteoarthritis of the knee, and serves as an effective 
complement t o  standard care. It is even used t o  lose weight. 
I n  China, though, acupuncture is already a part and parcel of their 
lives and been used in almost all ailments. Acupuncture is one o f  the key 
components o f  the traditional Chinese medicine (TCM). I n  the TCM system 
of medicine, the body is seen as a delicate balance o f  two opposing and 
inseparable forces: yin and yang. Among the major assumptions in TCM are 


that health is achieved by maintaining the body in a "balanced state" and 
that disease is due to an internal imbalance of yin and yang. I t  is believed 
that there are 12 main meridians and 8 secondary meridians and that there 
are more than 2.000 acupuncture points on the human body that connect 
them. 
I n  the Philippines, acupuncture has also been widely used and its 
efficacy is proven in some ailments, especially t o  relieve pain. The potential 
of acupuncture as an alternative health modality is very high which would 
benefit a great number of Filipinos. I n  this regard, this bill seeks to 
professionalize the practice of acupuncture by creating a Board of 
Acupuncture within the Professional Regulation Commission. This idea is not 
new as similar Boards have been established in many countries all over the 
world. The Board will establish, among others, the standards in the practice 
of acupuncture. 
Thus, in order to benefit from the many potentials of acupuncture as 
an alternative health modality, passage o f  this bill is earnestly requested. 


.. 
THIRTEENTH CONGRESS OF THE REPUBLIC 3 
OF THE PHILIPPINES 
3 
1) 
,,::.i 24 
:[is 
FIRST REGULAR SESSION 
3 
-.“--cl& I 
SENATE OF THE PHILIPPINES 
S. NO. 
Inhoduced by Senator Juan M. Flavier 
AN ACT 
TO ACCELERATE THE DEVELOPMENT AND REGULATION OF THE 
PRACTICE OF ACUPUNCTURE IN THE PHILIPPINES, PROVIDING FOR 
AN ACUPUNTURE TRUST FUND AND OTHER PURPOSES 
Be enacted by the Senate and House of Representatives of the Philippines in C0ngm 
ambled: 
SECTION 1. Short Title. - This Act shall be known as the Acupuncture 
Act O f  2009: 
ARTICLE I 
GUIDING PRINCIPLES 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of 
the State to promote the health, safety and welfare of the Filipino people by 
improving the quality and delivery of health services through the development of 
an orderly system of Acupuncture regulation and valid, effective means of 
establishing licensing requirements. 
SECTION 3. Objectives. -The objective of this Act are as follows: 
a) 
To professionalize the practice of acupuncture through the 
development of standards and guidelines on acupuncture 
training/education and its ethical practice. 
To promote scientific research on the safety and efficacy, uses and 
limitations of Acupuncture. 
To promote acupuncture as a healing science and art. 
Professional Regulations Commission (PRC). 
acupuncture. 
b) 
c) 
d) 
To establish the Philippine Board of Acupuncture under the 
e) 
To establish a regulatory mechanism on the practice of 


9 
g) 
Encourage the establishment of acupuncture schools and courses. 
To formulate policies to strengthen the role of Acupuncture in the 
health care delivery system. 
ARTICLE I1 
DEFINITION OF TERMS 
SECTION 4. Definition of Terms. - For the purposes of this Act: 
a) Acupuncture means a form of health care developed from traditional and 
modern Oriental medical concepts that employ Oriental medicine 
diagnosis and treatment, and adjunctive therapies and diagnostic 
techniques, for the promotion, maintenance and restoration of health 
and the prevention of disease. 
b) Acupuncturisf means the person practicing acupuncture. 
c) Board means the Philippine Board of Acupuncture. This is the body 
organized under the Professional Regulation Commission tasked with the 
licensing of acupuncture practitioners. 
d) Fmctice OF Acupuncture means the insertion of acupuncture needles 
with or without the application of moxibustion to specific areas of the 
human body as a priman/ mode of therapy based upon Oriental medical 
diagnosis. Adjunctive therapies within the scope of acupuncture may 
include manual, mechanical, thermal, electrical, and electromagnetic 
treatment, and the recommendation of dietary guidelines and 
therapeutic exercise based on traditional Oriental medicine concepts. 
e) Moxibustion means a form of adjunct therapy to acupuncture involving 
the application of heat on certain parts of the body. 
f) FnACH is the Philippine Institute for Traditional and Alternative Health 
Care established under the Republic Act NO. 8423. 
ARTICLE I11 
PRACTICE OF ACUPUNCTURE WITHOUT A LICENSE PROHIBITED 
SECTION 5. Exemption. - 
I t  is unlawful to practice acupuncture 
without a license pursuant to this Act. This restriction does not apply, however, 
to the following: 


a) 
Other health care professionals practicing within the scope of their 
license or existing laws and rules by duly recognized professional 
regulatory bodies. 
b) 
A student practicing acupuncture under the direct supervision of a 
licensed acupuncturist as part of a course of study approved by the 
Board. 
Visiting foreign professors of Acupuncture working within duly 
recognized training or academic institutions. 
c) 
SECTION 6. Penalty. - Violation of Section 5 shall be punishable by 
imprisonment of up to two years, a fine, or both. 
ARTICLE N 
THE PHILIPPINE ACUPUNCTURE BOARD 
SECTION 7. The Board. - The Philippine Board of Acupuncture shall be 
attached to the Professional Regulation Commission. 
SECXION8. Membership. - 
The Board shall consist of five (5) 
members appointed by the President of the Republic of the Philippines based on 
the recommendations of the Director General of the Philippine Institute for 
Traditional and Alternative Health Care (PlTAHC). 
Three (3) of the members 
shall be licensed to practice acupuncture in the Philippines, preferably with 
grassroots orientation, and two (2) members shall be licensed medical doctors 
who uses acupuncture in his/her practice. The three non-medical acupuncturists 
initially appointed need not be licensed at the time of selection but must meet all 
qualifications for a license. 
SECTION 9,Appointment. - 
All members shall be appointed for five 
years; however, for the initial implementation of this law, three (3) members 
shall serve for five (5) years and two (2) members for three (3) years. 
No 
person may serve more than two consecutive full terms as a member of the 
Board. 


SECTION 10. Board Chair and Secretary. - At the Board's first 
meeting each year, the members shall choose one member to Chair the Board 
for the year and another to serve as Secretary. No person may Chair the Board 
for more than three (3) consecutive years. 
SECTION 11. Meetings. - The Board shall meet at least once every 
year. The Board shall meet at other times as needed to perform its duties or 
upon instructions from the Chairperson of the Professional Regulation 
Commission. 
SECTION 12. Compensation. - Members of the Board are entitled to 
compensation and to reimbursement for travel and substance charged to the 
Acupuncture Fund. 
SECTION 13. Powers and Function of the Board. - The Board shall 
exercise the following powers and functions: 
Adopt rules and mechanisms to implement this Act. 
Issue advisov opinions interpreting this Act. 
Prescribe the standards and requirements on the training and 
education for the practice of Acupuncture. 
Prescribe appropriate standards and requirements for the licensing 
of acupuncturists, and update these from time to time. 
Issue, suspend, and revoke licenses, collect fees, investigate 
violations of this Act, and otherwise administer the provisions of 
this Act. 
Employ such personnel as may be needed to carry out its functions. 
Create such committee or committees and appoint members 
thereof as may be necessary for the attainment of the objectives of 
this Act. 
Exercise such other powers and functions and perform such other 
acts as may be necessary for the attainment of the objectives of 
this Act, or as my be delegated by the Chair of the Professional 
Regulation Commission. 
Adopt and use a seal to authenticate official documents of the 
Board. 


Sue to enjoin violations of this Act. An injunction may be issued 
even though no person has yet been injured as a result of the 
unauthorized practice of Acupuncture. 
Set and collect necessary fees from applicants and deposit this to 
the Acupuncture Trust Fund. 
Administer the Acupuncture Trust Fund. 
Expend funds from the Acupuncture Trust Fund or other funds 
from revenues generated by fees collected under this Act and 
interest earned thereon which is necessary to carry out the 
provisions of this Act. 
SECnON 14. Powers and Functions of the Board Chairperson. - 
a) 
Exercise overall supervision over the activities of the Philippine 
Acupuncture Board. 
Execute contracts, incur obligations, acquire and dispose of assets 
and deliver documents on behalf of the Board. 
Exercise such other powers and functions as may be determined by 
the Board. 
The Chairperson of the Board shall have the following powers and functions: 
b) 
c) 
SECTION 15. Services of Private and Government Personnel. - The 
Board may, for the purposes of its activities, secure the services of scholar's 
researchers, scientists, acupuncture practitioners and technical personnel of any 
private or government agency. Such personnel may be paid such honoraria as 
may be fixed and authorized by the Board. 
SECTION 16. Relationship with the Professional Regulation 
Commission. - The Board shall be attached under the organizational set-up of 
the PRC and the authority of the Chairperson of the PRC. The PRC shall provide 
the necessary administrative, technical and physical support to the Board and 
provide an appropriate office space, staff and equipment during the initial 
organization of the Board, until such time that the Board has been provided with 
the necessary permanent personnel according to the provisions of this Act. 


SECTION 17. Hiring of Personnel. - As per the Board's requirements, 
the PRC shall undertake the necessaw steps and preparations for the 
development of plantilla positions and filling-up of such positions, following the 
usual government rules and regulations and in accordance with the provisions of 
the Salary Standardization Law. 
ARTICLE V 
QUALIFICATIONS FOR LICENSE 
SECTION 18. Requirements for Licensing.- An applicant must provide 
the following: 
Duly completed application form 
NBI clearance 
Proof of Filipino citizenship 
Proof of successful campletion of a two (2) year post-secondary 
training program or Acupuncture school program from an 
institution duly recognized or accredited by the Board or the 
PlTAHC. 
Proof of apprenticeship under a licensed Acupuncturist or an 
institution duly recognized or accredited by the Board. 
Successful completion of a PlTAHC approved Clean Needle 
Techniques Course. 
Pass the Written/Theoretical examinations given by the Board. 
Pass the Practical/Clinical examinations conducted by committees 
duly constituted and deputized by the Board for such purposes. 
SECTION 19. Exemptions. - The Board shall wave the requirements in 
Section 18 and shall grant an Acupuncture License to all duly licensed medical 
doctors using acupuncture in their practice upon presentation of proof of 
completion of a Board approved or Department of Health/PlTAHC organized or 
approved Acupuncture training and/or apprenticeship program of not less than 
200 hours and successful completion of a PlTAHC approved Clean Needles 
Technique Course. 


SECTION 20. License Renewal. - The License to practice acupuncture 
must be renewed every three (3) years. To renew a license, a person must 
submit proof of compliance with the required Continuing Professional Education 
(CPE) Units prescribed by the PRC, from a Board accredited CPE or Continuing 
Acupuncture Education provider. 
ARTICLE V I  
PROHIBITED ACTIVITIES 
SECllON 21. Prohibited Activities. - The Board may deny, suspend, 
and revoke a license. Require remedial education, or issue a letter of reprimand, 
if an applicant or licensed acupuncturist: 
Engages in false or fraudulent conduct which demonstrates an 
unfitness to practice acupuncture, including, but not limited to : 
i. 
Misrepresentation in connection with an application for a 
license or an investigation by the Board; 
Attempting to collect fees for services not performed; 
False advertising, including guaranteeing a cure; or 
services with anyone referring the patient. 
Fails to exercise proper control over one’s practice by: 
i. 
Aiding an unlicensed person in practicing acupuncture not 
under an apprenticeship arrangementlprogram; 
ii. 
Delegating professional responsibilities to a person the 
acupuncturist knows is not qualified to perform acupuncture; 
or 
Failing to exercise proper control over unlicensed personnel 
working with the acupuncturist in the practice. 
a) 
.. 
ti. 
iii. 
iv. 
Dividing, or agreeing to divide, a fee for acupuncture 
b) 
iii. 
c) 
d) 
Fails to maintain proper patient record. 
Fails to display proper care for a patient, including: 
i. 
Abandoning or neglecting a patient without making 
reasonable arrangements for the continuation of care; 
Failure to refer to an appropriate medical doctor patients 
manifesting life threatening signs and symptoms; 
Exercising, or attempting to exercise, undue influence within 
the acupuncturist-patient relationship by making sexual 
ii. 
iii. 


advances or requests for sexual activity, or making 
submission to such conduct a condition of treatment. 
Displays habitual substance abuse or mental impairment to such 
degree as to interfere with the ability to provide safe and effective 
treatment. 
Is convicted or pleads guilty or no contest to any crime which 
demonstrates an unfitness to practice acupuncture . 
Negligently fails to practice acupuncture with the level of skill 
recognized within the profession as acceptable under such 
circumstances. 
Willfully violates any provisions of this Act or rule of the Board. 
ARTICLE VI1 
USE OF TITLES AND DISPLAY OF LICENSE 
SECTION 22. Use of Titles. - The titles 'LICENSED ACUPUNCTURIST" 
and 'ACUPUNCTURIST" may be used by, and only used by, persons licensed 
under this Act. 
Possession of a license under this Act does not by itself 
entitle a person to identiw himself/herself as a doctor or physician, unless he/she 
is also a licensed medical doctor. 
SECTION 23. Display of License. - Each person licensed to practice 
Acupuncture shall post the license in a conspicuous location at the 
acupuncturist's place of practice. 
ARTICLE VI11 
PROMOTION OF ACUPUNCTURE 
SECTION 24. Information and Education Campaigns. - The PlTAHC 
shall undertake advocacy and promotion aaivities on Acupuncture using its own 
funds. 
All such activities shall be in coordination or in compliance with the 
pronouncements of the Philippine Acupuncture Board in any of the advocacy and 
promotion of Acupuncture to the public, practitioners, academic and training 
institutions, and other interest groups. 


ARTICLE I X  
ACUPUNCTURE TRUST FUND 
SECTION 25. Trust Fund. - To implement the provisions of this Act, 
there is hereby created an Acupuncture Trust Fund, which shall be used 
exclusively for the activities of the Board, in the amount of three (3) million 
pesos (P3,000,000.00) 
or such other amount determined annually under the 
General Appropriations Act. 
ARTICLE X 
TRANSITORY PROVISIONS 
SECTION 26. Appointment of the Philippine Acupuncture Board. - 
Within forty-five (45) days from the effectivity of this Act, the President of the 
Philippines shall appoint the Board based on the recommendations of the 
PITAHC. 
SECTION 27. Implementing Rules and Regulations. - Within forty- 
five (45) days from the completion of such appointments the Board shall 
convene, in coordination with the PRC and PITAHC, to formulate the rules and 
regulations necessary for the implementation of this Act. 
Said rules and 
regulations shall be issued within one hundred and eighty (180) days from the 
Board's initial meeting. 
ARTICLE X I  
MISCELLANEOUS PROVISIONS 
SECTION 28. Repealing Clause. - All laws, decrees, executive orders, 
including their implementing rules and regulations inconsistent with the 
provisions of this Act. Are amended, repealed or modified accordingly. 
SECTION 29. Reparability Clause. - If any provision of this Act is 
declared unconstitutional or invalid, other provisions thereof, which are not 
affected thereby, shall continue in full force and effect. 


. 
'i 
SECTION 30. Effectivity. - This Act shall take effect fifteen (15) days 
following its publication in the OfFicial Gazette or in at least two (2) newspapers 
of general circulation. 
Approved