An Act to Define a Scope of Practice for Acupuncture
Maine Legislature, Session 121, LD 0263
Committee Amendment CA_A_S414 (Senate)
Amends: 32 MRSA §12503, 32 MRSA §12513-A, 32 MRSA §12514, 32 MRSA §12514-A, 32 MRSA §12516

COMMITTEE AMENDMENT A" to S.P. 97, L.D. 263, Bill, "An Act 
to Define a Scope of Practice for Acupuncture" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 32 MRS A §12501, sub-§I, as enacted by PL 1995, c. 
671, §13, is amended to read: 
1. 
Acupuncture. 
"Acupuncture" means the insertion of fine 
metal needles through the skin at specific points on or near the 
surface of the body with or without the pa.p~~a~~eR palpation of 
specific points on the body and with or without the application 
of electric current or heat to the needles or skin, or both. 
The 
practice of acupuncture is based on traditional oriental theories 
and serves to normalize physiological function, 
treat certain 
diseases and dysfunctions of the body, 
prevent or modify the 
perception of pain and promote health and well-being. 
Sec. 2. 32 MRSA §12503, sub-§l, 1rC, as enacted by PL 1995, c. 
671, §13, is repealed. 
Sec.3. 32 MRSA §12513-A is enacted to read: 
§12513-A. 
Scope of practice 
Page l-LR0863(3) 
COMM/rrEE AMENDMENT 
co' 
~~ 
COMMITTEE AMENDMENT 'A" to S.P. 97, L.D. 263 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Chinese patent remedies" means patent remedies used in 
accordance with traditional Chinese, 
Japanese 
and Korean 
herbal literature. 
B. 
"Chinese premade herbal remedies" means premade herbal 
remedies 
used 
in 
accordance 
with 
traditional 
Chinese, 
Japanese and Korean herbal literature. 
C. 
"Custom-made 
Chinese 
herbal 
formulations" 
means 
custom-made 
herbal 
formulations 
used in accordance 
with 
traditional Chinese, Japanese and Korean herbal literature. 
2. 
Scope 
of 
practice. 
The 
scope 
of 
practice 
of 
acupuncturists includes acupuncture and the allied techniques and 
modalities 
of 
the distinct 
system 
of health 
care 
that 
use 
oriental principles to diagnose and treat illness, 
~nJury, pain 
and other conditions by regulating the flow and balance of energy 
to restore and maintain health. 
These allied techniques and 
modalities 
include 
the 
following, 
as 
defined 
by 
and 
used 
exclusively 
in 
accordance 
with 
the 
traditions 
and 
formal 
curricula taught in accredited colleges of acupuncture: oriental 
diagnostic 
procedures; 
electrical 
and 
magnetic 
stimulation; 
moxibustion and other forms of heat therapy: sound, light and 
vibrational 
therapy: 
cupping 
techniques 
and 
gua 
shaj 
reCOmmendation 
and 
dispensing of 
Chinese 
patent 
remedies 
or 
Chinese 
premade 
herbal 
remedies 
and 
lifestyle 
and 
dietary 
counseling; 
formulation and dispensing of 
custom-made 
Chinese 
herbal formulations, 
to the extent that an acupuncturist has 
received 
additional 
certification 
pursuant 
to 
subsection 
3: 
sotai; 
shiatsu: 
qi 
gong; 
zero 
balancing; 
tui 
na: 
and 
acupressure. 
These 
techniques 
and modalities 
do 
not 
include 
manipulation or mobilization of the skeletal articulations of the 
human body. 
3. 
Additional certification. 
Certification is required for 
licensed 
acupuncturists 
to 
practice 
the 
formulation 
and 
dispensing 
of 
custom-made 
Chinese 
herbal 
formulations. 
"Formulation" means the preparation of traditional combinations 
of herbs to produce formulas from Chinese herbal literature, the 
modification of such traditional combinations or the writing of 
new formulas to address individual symptom presentations, through 
addition, 
deletion, 
substitution 
or 
change 
in 
dosages 
of 
ingredients and the dispensing of these herbal preparations to 
patients. 
COMMITTEE AMENDMENT 
co· 
.~~ 
COMMITTEE AMENDMENT 'A" to S.P. 97, L.D. 263 
A. 
The board shall adopt rules specifying the training 
required 
for 
licensed 
acupuncturists 
to 
obtain 
the 
certification for 
custom-made Chinese herbal formulation. 
These requirements must include a minimum number of hours of 
combined 
classroom 
and clinical training or, 
for 
those 
licensed 
acupuncturists 
practicing 
custom-made 
Chinese 
herbal formulation prior to July L 
2004, prior experience 
demonstrated by evidence satisfactory to the board. 
Rules 
adopted by the board in accordance with this paragraph are 
routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
B. 
A 
licensed 
acupuncturist 
who 
can 
prove 
to 
the 
satisfaction of the board that the licensed acupuncturist 
was engaged in the practice of custom-made Chinese herbal 
formulation prior to July L 
2004 may continue to practice 
that modality but must. 
no later than 2 years after the 
board adopts rules providing certification requirements in 
accordance with paragraph A, comply with those rules. 
C. 
A 
licensed 
acupuncturist 
who 
can 
prove 
to 
the 
satisfaction of the board that the licensed acupuncturist 
has been duly licensed or certified to practice custom-made 
Chinese herbal formulation by the licensing authority of 
another state may continue to practice that modality, except 
that 
the 
board 
may 
require 
that 
the 
licensee 
complete 
additional training consistent with its rules within 3 years 
if the board finds that the standards applied in the state 
in 
which 
the 
licensed 
acupuncturist 
was 
certified 
or 
licensed are 
less 
stringent 
than 
those 
adopted 
in the 
board's rules. 
4. 
Practice by other persons. 
The 
listing of allied 
techniques and modalities in subsection 2, including acupressure 
and qi gong, 
may not be construed to require any person who 
practices the Same or similar techniques or modalities to obtain 
a license as an acupuncturist under section 12511 and may not be 
construed to limit, interfere with or prevent any licensed person 
from practicing the same or similar techniques and modalities 
within the scope of that person's license, whether or not the 
defined 
scope 
of 
that 
license 
contains 
specific 
lists 
of 
techniques or modalities. 
Sec. 4. 32 MRSA §12514, as amended by PL 1999, c. 386, Pt. T, 
§l, is repealed. 
Sec. 5. 32 MRSA §12514-A is enacted to read: 
§12514-A. 
Fees 
The Director of the Office of Licensing and Registration 
within the Department of Professional and Financial RegUlation 
COMMITTEE AMENDMENT 
~~. 
~ 
COMMITTEE AMENDMENT 'A' to S.P. 97, L.D. 263 
may establish by rule fees for purposes authorized under this 
subchapter in amounts that are reasonable and necessary for their 
respective purposes, except that the fee for any application may 
not exceed $200, the fee for initial and renewal licensure may 
not exceed $675 annually and the fee for initial and renewal 
certification in custom-made Chinese herbal formulation may not 
exceed $200 annually. 
Rules adopted pursuant to this section are 
routine 
technical 
rules 
pursuant 
to 
Title 
5, 
chapter 
375, 
subchapter 2-A. 
Sec. 6. 32 MRSA §12516, as enacted by PL 1995, c. 671, §13, 
is amended to read: 
§12516. Application for renewal 
1. 
Requirements. 
Prior to the expiration of a license, a 
licensee may make an application for renewal upon payment of aR 
the required annual renewal feeT-wh4€h-may-~~-~a&-iRiEial 
lieeR&~F&--feeT established 
under 
section 
12514-A 
and 
upon 
satisfactory demonstration of completion of continuing education 
requirements adopted by the board as a condition of renewal. 
It 
is not a condition of renewal that an applicant who qualified for 
licensure as a licensed registered nurse continue to be licensed 
as a registered nurse. 
2. 
Late renewal. 
An application for renewal may be made no 
earlier than 
days 
prior 
to 
the 
date 
of expiration. 
An 
application made no more than 90 days past the date of expiration 
of a license must include a 
$;bQ late fee in addition to the 
renewal fee. 
An application received more than 90 days past the 
expiration date is subject to all requirements 
covering 
new 
applicants under this chapter. 
Sec. 7. 32 MRSA § 12525, sub-§ 1, ,E, as enac ted by PL 1995, c . 
671, §13, is amended to read: 
E. 
File 
an 
application 
and 
pay 
the 
licensing 
fees 
established under section 12526. 
Sec. 8. 32 MRS A § 12525, sub-§3, 1(A, as enac ted by PL 1995, c . 
671, §13, is amended to read: 
A. 
Submitted an application and a certification fee Ee-be 
aeEeFffiiaea-eY-Ehe-eeaFa established under section 12526; 
Sec. 9. 32 MRS A §12526, sub-§l, as amended by PL 1999, c. 257, 
§7, is repealed and the following enacted in its place: 
1. 
Fees. 
The Director of 
Registration within the Department 
Regulation may establish by rule 
the Office of 
Licensing and 
of Professional and Financial 
fees for purposes authorized 
COMMITTEE AMENDMENT 
I ~f:o' 
~ 
COMMITTEE AMENDMENT 'A" to S.P. 97, L.D. 263 
under 
this 
subchapter 
in 
amounts 
that 
are 
reasonable 
and 
necessary for their respective purposes, except that the fee for 
any application may not exceed $200, 
the fee for initial and 
renewal licensure may not exceed $675 annually and the fee for 
initial and renewal specialty certification may not exceed $50 
annually. 
Rules adopted pursuant to this subsection are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 10. 32 MRS A §12526, sub-§2, as enacted by PL 1995, c. 
671, §13, is amended to read: 
2. 
Renewal. 
A license to practice naturopathic medicine 
and a specialty certification must be renewed annually and be 
accompanied by the required renewal fee established in subsection 
1. 
~Re-aRR~al-l4€e~~e-£eaew~l-~~~~~~~~~-~a~-iR-aR 
ame~R~-Re~-~e-~€~~~-~it-~~~~~-~~a&&-aeeem~aRY-~Re 
a~~liea~ieR--Ee~--~eRewalT---A--s~eeial~y--ee~~iEiea~ieR--m~S~--Be 
~eRewee-a~R~ally~--~~~~~~~~~-~~-~-m~&&-aeeem~aRY 
~Re-a~~liea~ieR-Ee~-~eRewalT' 
SUMMARY 
This amendment is the majority report of the committee. 
The 
amendment 
limits 
the 
techniques 
to 
be 
added 
to 
licensed 
acupuncturists' scope of practice to those techniques that are 
taught in accredited colleges of acupuncture and adds and deletes 
certain practices from the bill. 
The amendment also eliminates 
the bill's provision that would have authorized the Board of 
Complementary Health Care Providers to further define the scope 
of 
practice 
by 
rule, 
but 
adds 
a 
prov~s~on providing 
for 
certification in the modality of Chinese herbal formulation. 
The 
amendment 
also 
clarifies 
that 
other 
licensed 
persons 
and 
unlicensed persons 
are 
not prevented 
from 
using 
the 
listed 
techniques by the techniques' 
inclusion within acupuncturists' 
scope of practice. 
Finally, 
the amendment makes 
a 
technical 
correction to the definition of "acupuncture" and amends 
the 
acupuncturist and naturopathic doctor licensing fee statutes, 
including a fee for the newly created acupuncturist certification. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 02/09/04 ~aC!-
Office of Fiscal and Program Review 
LD263 
An Act to Define a Scope of Practice for Acupuncture 
LR 0863(03) 
Fiscal Note for Bill as Amended by Committee Amendment A 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
Additional costs to the Office of Licensing and Registration within the Department of Professional and Financial 
Regulation associated with rulemaking can be absorbed utilizing existing budgeted resources. Establishing fees for 
the additional certification will result in increased dedicated revenues. The amount can not be determined at this time. 
LR0863(3) - Fiscal Note - Page 1 of 1