justicedao/ipfs_state_laws huggingface dataset:
847-070-0033 Visiting Acupuncturist Requirements (1) The Oregon Medical Board may grant approval for a visiting acupuncturist to demonstrate acupuncture needling as part of a seminar, conference, or workshop sponsored by an Oregon school or an Oregon school’s program of acupuncture or Traditional Eastern medicine, or professional organization of acupuncture, or any seminar, conference, or workshop approved by the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM) to provide continuing education training for a period up to ten days no more than three times a year. The visiting acupuncturist who requests additional time beyond the ten days, or submits more than three requests in a year, must apply for and obtain a license to practice in the state of Oregon. An Oregon licensed acupuncturist must be in attendance at the seminar, conference or workshop. (2) Prior to being granted approval, the following information must be submitted to the Oregon Medical Board: (a) A letter from the school or program of acupuncture or Traditional Eastern medicine, or organization which will have an out-of-state acupuncturist demonstrate needling as part of a seminar, conference, or workshop with the following information: (A) Dates of the seminar, conference, or workshop in which the visiting acupuncturist will be demonstrating acupuncture needling; (B) Description of the seminar, conference or workshop; (C) Name of the responsible Oregon acupuncturist, licensed under ORS 677, actively registered and in good standing with the Board, who will be in attendance and responsible for the conduct of the visiting acupuncturist at the seminar, conference or workshop. (D) A curriculum vitae for the visiting acupuncturist; and (b) If the visiting acupuncturist is licensed, certified or registered to practice as an acupuncturist in the state in which the acupuncturist is practicing, the visiting acupuncturist must provide documentation that their license, certificate, or registration is active and in good standing. (3) The request for approval to practice in the state of Oregon as a visiting acupuncturist must be received at least two weeks prior to the beginning date of such practice. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 History: OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026 BME 19-2004, f. & cert. ef. 10-20-04 BME 9-2004, f. & cert. ef. 4-22-04
847-070-0037 Limited License, Pending Examination (1) An acupuncturist who meets all requirements for Oregon acupuncture licensure but has not yet passed the acupuncture certification examination given by the National Certification Board on Acupuncture and Herbal Medicine (NCBAHM) may be issued a Limited License, Pending Examination for the purpose of obtaining clinical training in Oregon under the supervision of a Board approved clinical supervisor if the following criteria are met: (a) The application file is complete to the satisfaction of the Board with the exception of pending certification by the NCBAHM; (b) The applicant has not previously failed the NCBAHM examination; (c) The clinical supervisor approved to supervise the applicant meets the qualifications in OAR 847-070-0017 and is on-site and available to supervise at all times when the applicant is training; and (d) The applicant has submitted the appropriate form and fee prior to being issued a Limited License, Pending Examination. (2) Any person obtaining clinical training under a Limited License, Pending Examination must identify themselves to patients as an acupuncture trainee and wear a name tag identifying themselves as a trainee. (3) A Limited License, Pending Examination may be granted for a period of six months. (4) Upon receipt of verification that the applicant has passed the acupuncture certification examination given by the NCBAHM, and if the applicant's application file is otherwise satisfactorily complete, the applicant shall be scheduled for approval of permanent licensure. (5) The Limited License, Pending Examination will automatically expire if the applicant fails the acupuncture certification examination given by the NCBAHM. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.759 History: OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 11-2018, amend filed 10/13/2018, effective 10/13/2018 OMB 16-2014, f. & cert. ef. 10-8-14 OMB 7-2014, f. & cert. ef. 1-14-14 BME 19-2007, f. & cert. ef. 10-24-07 BME 5-1999, f. & cert. ef. 4-22-99
847-070-0038 Limited License, Visiting Professor (1) An acupuncturist who has received a teaching position in a school of acupuncture in this state may be issued a Limited License, Visiting Professor if the following criteria are met: (a) The applicant has established to the satisfaction of the Board that he/she has the skills and training equivalent to OAR 847-070-0016 (1); (b) The applicant has at least five years experience as an acupuncturist; and (c) The applicant has submitted the appropriate form and fee for a Limited License, Visiting Professor. (2) The head of the acupuncture school in which the applicant will be teaching shall certify in writing to the Board that the applicant has been offered a teaching position which will be under the direction of the head of the department and will not be permitted to practice acupuncture unless as a necessary part of the applicant’s teaching position as approved by the Board. (3) An acupuncturist who is applying for a Limited License, Visiting Professor may also be approved as a clinical supervisor if the applicant meets the requirements of OAR 847-070-0017. (4) The Limited License, Visiting Professor may be granted for one year and may be granted a total of two one-year extensions upon annual review of the written justification of the need based upon academic necessity. The renewal form and fee must be submitted 30 days before the end of the year if an extension of the Limited License, Visiting Professor is requested. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265 & 677.759 History: BME 10-2007, f. & cert. ef. 4-26-07 BME 15-2003, f. & cert. ef. 10-23-03 BME 14-2001, f. & cert. ef. 10-30-01 ME 5-1997, f. & cert. ef. 11-3-97 ME 10-1996, f. & cert. ef. 10-29-96 ME 6-1993, f. & cert. ef. 4-22-93 ME 9-1991, f. & cert. ef. 7-24-91 ME 8-1990, f. & cert. ef. 4-25-90 ME 13-1989, f. & cert. ef. 8-4-89 ME 1-1985, f. & ef. 1-21-85 ME 6-1984, f. & ef. 1-20-84 ME 9-1982, f. & ef. 10-27-82 ME 2-1981, f. & ef. 2-3-81
847-070-0039 Registration (1) Upon Board approval of an applicant to be licensed to practice acupuncture, the applicant must pay the registration fee before being issued a certificate. (2) An application for renewal of the biennial registration and the statutory registration fee shall be submitted to the Oregon Medical Board prior to midnight June 30 of every even-numbered year. (3) Upon failure to comply with section (1) and (2) of this rule, the license shall lapse as per ORS 677.228. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.228 & 677.265 History: ME 10-1996, f. & cert. ef. 10-29-96 ME 6-1994, f. & cert. ef. 1-24-94 ME 6-1993, f. & cert. ef. 4-22-93
847-070-0045 Inactive Registration and Re-Entry to Practice (1) Any acupuncturist licensed in this state who changes location to some other state or country shall be listed by the Board as inactive. (2) If the acupuncturist wishes to resume active status, the acupuncturist must file an Affidavit of Reactivation and pay a processing fee, satisfactorily complete the reactivation process and be approved by the Board before beginning active practice in Oregon. (3) The Board may deny active registration if it judges the conduct of the acupuncturist during the period of inactive registration to be such that the acupuncturist would have been denied a license if applying for an initial license. (4) If an acupuncturist applicant has ceased practice for a period of 12 or more consecutive months immediately preceding the application for licensure or reactivation, the applicant may be required to do one or more of the following: (a) Obtain certification or re-certification in Acupuncture or Oriental Medicine by the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM); (b) Provide documentation of current NCBAHM Acupuncture or Oriental Medicine certification; (c) Complete 15 hours of continuing education acceptable to the Board for every year the applicant has ceased practice; (d) Complete a Board-approved mentorship tailored to the applicant’s time out of practice under a Board-approved mentor who must individually supervise the licensee. The mentor must report the successful completion of the mentorship to the Board; and (e) Additional requirements as determined appropriate by the Board. (5) The acupuncturist applicant who has ceased practice for a period of 24 or more consecutive months may be required to complete a re-entry plan to the satisfaction of the Board. The re-entry plan must be reviewed and approved through a Consent Agreement for Re-entry to Practice prior to the applicant beginning the re-entry plan. Depending on the amount of time out of practice, the re-entry plan may contain one or more of the requirements listed in section (4) of this rule and such additional requirements as determined appropriate by the Board. Statutory/Other Authority: ORS 677.265 & ORS 677.759 Statutes/Other Implemented: ORS 677.759 & ORS 677.175 History: OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 7-2020, amend filed 04/07/2020, effective 04/07/2020 OMB 3-2019, amend filed 10/10/2019, effective 10/10/2019 OMB 10-2016, f. & cert. ef. 10-7-16 OMB 3-2015, f. & cert. ef. 1-8-16 OMB 3-2015, f. & cert. ef. 1-13-15 OMB 11-2014, f. & cert. ef. 4-9-14 OMB 8-2012, f. & cert. ef. 2-10-12 BME 5-2009, f. & cert. ef. 1-22-09 BME 12-2005, f. & cert. ef. 10-12-05 BME 16-1999, f. & cert. ef. 10-28-99 ME 10-1996, f. & cert. ef. 10-29-96 ME 6-1993, f. & cert. ef. 4-22-93 ME 24-1987, f. & ef. 10-29-87
847-070-0050 Acupuncture Advisory Committee (1) An Acupuncture Advisory Committee is established. The committee must consist of six members appointed by the Board. The Board must appoint one of its members, two physicians, and three acupuncturists licensed by the Board. The acupuncture members may be appointed from nominations of the Oregon Association of Acupuncturists and other professional acupuncture organizations. (2) The term of office of a member of the committee is three years, and members may be reappointed to serve not more than two terms. Vacancies in the committee must be filled by appointment by the Board for the balance of the unexpired term, and each member must serve until a successor is appointed and qualified. (3) The Board may remove any member from the committee. (4) The committee elects its own chairperson with such powers and duties as fixed by the committee. (5) The committee members are entitled to compensation and expenses as provided for Board members in ORS 677.235. Statutory/Other Authority: ORS 677.265 & 677.759 Statutes/Other Implemented: ORS 677.235, 677.265, 677.759 & 677.780 History: OMB 1-2022, amend filed 01/11/2022, effective 01/11/2022 OMB 18-2013, f. & cert. ef. 7-12-13 OMB 16-2011, f. & cert. ef. 7-13-11 BME 19-2007, f. & cert. ef. 10-24-07 BME 14-2001, f. & cert. ef. 10-30-01 BME 15-1998, f. & cert. ef. 10-26-98 ME 10-1996, f. & cert. ef. 10-29-96 ME 4-1995, f. & cert. ef. 5-3-95
847-070-0055 Duties of the Committee The Acupuncture Advisory Committee shall: (1) Review and recommend approval or disapproval of all applications submitted to the Board for acupuncture licensing and for renewal thereof. (2) Recommend to the Board standards of professional responsibility and practice for licensed acupuncturists. (3) Recommend to the Board standards of didactic and clinical education and training for acupuncture licensing. (4) Recommend to the Board standards for clinical supervisors and trainees. (5) Recommend to the Board licensing examinations, and temporary licenses as considered appropriate. Statutory/Other Authority: ORS 677.265 & 677.757 - 677.770 Statutes/Other Implemented: ORS 677.265 History: BME 14-2001, f. & cert. ef. 10-30-01 ME 4-1995, f. & cert. ef. 5-3-95
847-070-0060 License Application Withdrawals and Denials (1) An applicant may withdraw an application for licensure prior to review by the Board’s Administrative Affairs Committee or Acupuncture Advisory Committee. The Board will not report the withdrawal to the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM). The applicant may submit a new application for licensure at any time. (2) An applicant may withdraw an application for licensure up to 30 days after the Board has voted to deny the application on the basis that the applicant is not eligible for licensure for reason(s) other than the applicant’s failure to demonstrate good moral character. The Board will not report the withdrawal to the NCBAHM. The applicant may submit a new application for licensure at any time. (3) An applicant may request to withdraw an application for licensure after review by the Administrative Affairs Committee. If the Board grants the request, the withdrawal will be reported to the NCBAHM. The applicant may submit a new application for licensure no sooner than two years after the date of withdrawal. (4) An applicant may request to withdraw an application for licensure after review by the Board’s Investigative Committee. If the Board grants the request, the applicant may withdraw their application only through issuance of a Stipulated Order of suspended judgment of license denial. The suspension of judgment is based on the applicant’s withdrawal of their application and agreement not to reapply for licensure for at least two years after issuance of the Stipulated Order. The order will be reported to the NCBAHM and the National Practitioner Databank. (5) An applicant whose application has been denied may submit a new application for licensure as stated in the Board’s Order, but no sooner than two years after the date of denial. Statutory/Other Authority: ORS 677.265 Statutes/Other Implemented: ORS 677.265, ORS 677.100, ORS 677.190, ORS 677.220 & ORS 677.759 History: OMB 5-2026, amend filed 01/12/2026, effective 01/12/2026 OMB 4-2024, amend filed 01/08/2024, effective 01/08/2024 OMB 10-2017, adopt filed 10/26/2017, effective 10/26/2017
847-071-0000 Purpose Statement Five-needle protocol (5NP) represents a unique fusion of ancient Eastern healing practices with modern healing and social justice movements. In Oregon, 5NP is a standardized, supportive treatment for individuals experiencing substance use disorders, mental health conditions, and trauma. The five points are the shen men, sympathetic, liver, kidney and lung points on the human outer ear. The Oregon Medical Board is responsible for establishing training and registration requirements and regulating the practice of 5NP technicians in order to expand access to safe, standardized, low-barrier treatment in a manner that protects individuals in Oregon accessing 5NP treatments. Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143) Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143) History: OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026
847-071-0005 Definitions As used in division 71 rules regulating five-needle protocol: (1) “Acupuncture” has the meaning given in ORS 677.757. (2) “Board” means the Oregon Medical Board. (3) “Five-needle protocol” or “5NP” has the meaning given in Oregon Laws 2025, chapter 296, section 2, the standardized five-needle treatment protocol in which five points on the human outer ear are stimulated with sterile, single-use disposable needles, ear seeds or ear beads for the purpose of achieving temporary relief from the symptoms of substance use disorder, mental health conditions or trauma. The five points are the shen men, sympathetic, liver, kidney and lung points. (4) “5NP technician” means an individual registered by the Oregon Medical Board to provide five-needle protocol treatments in Oregon. Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143) Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143) History: OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026
847-071-0007 Five-Needle Protocol Registration Required (1) Except as provided in sections (2) and (3) of this rule, no person may provide five-needle protocol (5NP) treatment without first obtaining a registration from the Oregon Medical Board. (2) An acupuncturist licensed under ORS 677.757 to 677.770 may provide 5NP treatment without additional 5NP registration. (3) A physician licensed to practice medicine as a medical doctor or doctor of osteopathic medicine pursuant to ORS Chapter 677 may provide 5NP treatment without additional 5NP registration. Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143) Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143) History: OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026
847-071-0020 Qualifications (1) An applicant for registration as a five-needle protocol (5NP) technician must: (a) Be at least 18 years of age; (b) Have successfully completed a training program as described in OAR 847-071-0025. If the program was completed more than ten years before the date of application the applicant must demonstrate current competency through relevant courses or 5NP treatments; and (c) Have good moral character as those traits would relate to the applicant's ability to provide 5NP treatments. Substance use disorder in remission, mental health conditions, or other lived experiences alone are not a reflection of current moral character. (2) Criminal history is not an automatic disqualification for registration. The Board evaluates each applicant's background and experience and will consider additional information provided by the applicant. (3) No applicant is entitled to registration who: (a) Has had a registration, license, or certificate in a health-related field revoked or suspended unless the registration, license, or certificate has been restored or reinstated and the applicant is in good standing in the state which previously revoked the registration, license, or certificate; (b) Has been refused a registration, license, or certificate in a health-related field on any grounds other than failure of a licensure examination; or (c) Has been guilty of conduct similar to that which would be prohibited by or to which ORS 677.190 would apply. Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143) Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143) History: OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026
847-071-0025 Five-Needle Protocol Training (1) Before training five-needle protocol (5NP) technicians in Oregon, a 5NP trainer must: (a) Request board approval by providing required documentation demonstrating qualifications under this section, and (b) Meet one of the following requirements: (A) Be an actively licensed Oregon acupuncturist or a physician licensed under ORS 677.100 to 677.133 who is in good standing with the Oregon Medical Board and has been practicing auricular acupuncture for a period of at least two years; or (B) Hold active 5NP technician registration issued by the Oregon Medical Board for a minimum of two years and co-teach a minimum of two 5NP training programs described in section (2) of the rule. The 5NP trainer that co-taught must provide the Oregon Medical Board a letter of recommendation and evaluation of the individual seeking approval as a 5NP trainer; or (C) Be an active National Acupuncture Detoxification Association (NADA) Registered Trainer or People’s Organization of Community Acupuncture (POCA) Auricular Acu-Technician (AAT) Trainer. (2) The 5NP training program must include at least 30 hours of didactic and 40 ears needled during supervised clinical training, mechanisms to monitor a participant’s engagement, and contain the following elements: (a) Sanitation and hygiene techniques, (b) Infection control precaution procedures, (c) Consent documentation and the individual’s rights, (d) Ear needling and point location, (e) Plans to address potential risks, side effects, and complications, (f) Collaboration with other 5NP technicians, health care providers, and community resources, (g) Trauma informed care, (h) Origins of 5NP, (i) Maintaining professional boundaries, and (j) Reporting requirements. (3) Training programs completed prior to the first adoption of this rule may be substantially similar to the requirements described in section (2) of this rule. (4) A “5NP student” is an individual enrolled in a 5NP training program described in section (2) of this rule. This chapter does not prohibit a 5NP student from providing 5NP treatments rendered in the course of the training program. Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143) Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143) History: OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026
847-071-0030 Application (1) An application for registration as a five-needle protocol (5NP) technician may be accessed on the Board’s website. (2) When applying for registration, the applicant must submit to the Board: (a) A complete application provided by the Board, (b) Registration and criminal records check fees as outlined in OAR 847-005-0005, (c) National fingerprint-based background check as provided in OAR 847-008-0068, and (d) The following documentation: (A) Legal Name and Age: A copy of a birth certificate, state issued identification card, or other documentation as approved by the Board, (B) Five-Needle Protocol Training: A copy of a certificate showing completion of a training program as described in OAR 847-071-0025 and if applicable documentation to demonstrate current competency as described in OAR 847-071-0020(1)(b), (C) Photograph: A close-up, passport-quality photograph, front view, head and shoulders (not profile), with features distinct, taken within 90 days preceding the filing of the application, and (D) Verification of other Health-Related Registration, License, or Certificate: If requested by the Board, verification from all states or territories in which the applicant currently or previously held a health-related license, registration, or certification to practice and evidence that the applicant is in good standing and not subject to any disciplinary action or pending investigations in that state or territory. (3) An applicant may submit additional information on their background and experience for consideration. (4) Every applicant must complete an application and document evidence of qualifications listed in OAR 847-071-0020 to the satisfaction of the Board before an applicant may be considered eligible for registration. (5) The Board may query the National Practitioner Data Bank (NPDB) system during the application process. (6) Omissions or providing false, misleading, incomplete, or deceptive statements or information on any Board application is grounds for denial of registration or disciplinary action by the Board. (7) An application submitted with fees to the Board that is not complete within 90 days from application submission will expire. (8) 5NP fees are not refundable and may not be credited toward other Board fees. (9) An applicant whose application has been expired, withdrawn, or denied must submit a new application, documentation, and fees. While a new application and documentation is required, the Board may still consider information provided in previous applications. Statutory/Other Authority: ORS 677.265 & OL 2025, chapter 296, section 2 (HB 2143) Statutes/Other Implemented: OL 2025, chapter 296, section 2 (HB 2143) History: OMB 1-2026, adopt filed 01/09/2026, effective 03/01/2026