ACUPUNCTURIST LICENSURE                                                                  S.B. 683 (S-3):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

Senate Bill 683 (Substitute S-3 as reported)

Sponsor:  Senator Margaret E. O'Brien

Committee:  Health Policy

CONTENT

The bill would amend Article 15 (Occupations) of the Public Health Code to do the following:

-- Provide for the licensure, rather than registration, of acupuncturists.

-- Require the Department of Licensing and Regulatory Affairs (LARA), in conjunction with the Michigan Board of Acupuncture, to promulgate rules setting forth the minimum standards for licensure as an acupuncturist and implement a licensure program for the practice of acupuncture.

-- Prohibit a person from practicing as an acupuncturist without a license or other authority, after the rules took effect.

-- Exempt from licensure certain individuals and practices.

-- Prohibit a licensed physician or surgeon from delegating an act, task, or function to an individual who was not licensed and who was performing acupuncture, beginning 12 months after promulgated rules took effect.

-- Require a licensed acupuncturist seeking license renewal to furnish LARA with evidence that he or she had attended continuing education courses or programs related to the practice of acupuncture.

-- Apply current registration fees to licensure and prescribe fees for a limited license and a temporary license.

-- Require at least one physician who was serving on the Board to have completed at least 300 hours of systematic acupuncture education.

MCL 333.16215 et al.                                               Legislative Analyst:  Stephen Jackson

FISCAL IMPACT

The bill would potentially have a small negative impact upon the Department of Licensing and Regulatory Affairs and would have no impact on local units of government. The bill would require LARA and the Board of Acupuncture to issue licenses to acupuncturists, set continuing education standards for licensed acupuncturists, and promulgate rules for licensure and license renewal requirements. The Department has staff on hand to assist the Board in the promulgation of rules, which is expected to be a potential minor cost that LARA would absorb.

Currently, LARA registers acupuncturists, but current law does not prohibit the practice of acupuncture without a State-issued registration. If a license for the practice of acupuncture were required, applications for licensure could rise within the next 12 months, which could increase fee revenue; however, once the licensure requirement went into effect, the Department could see an increase in costs for enforcement of unlicensed practice. It is not known how many unregistered individuals in Michigan currently offer services related to acupuncture.

Date Completed:  6-6-18                                                 Fiscal Analyst:  Michael Siracuse

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.