Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2162 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3114 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2162
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carole A. Fiola
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to acupuncture detoxification specialists.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carole A. Fiola6th Bristol1/12/2023Jack Patrick Lewis7th Middlesex1/23/2023John Barrett, III1st Berkshire1/24/2023Patricia A. Haddad5th Bristol1/24/2023David T. Vieira3rd Barnstable1/24/2023Brian W. Murray10th Worcester1/25/2023Carmine Lawrence Gentile13th Middlesex1/28/2023Sean Garballey23rd Middlesex1/30/2023Lindsay N. Sabadosa1st Hampshire1/30/2023Paul A. Schmid, III8th Bristol2/1/2023Vanna Howard17th Middlesex2/1/2023Bud L. Williams11th Hampden2/6/2023 1 of 5
16	16	HOUSE DOCKET, NO. 3114 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2162
18	18	By Representative Fiola of Fall River, a petition (accompanied by bill, House, No. 2162) of
19	19	Carole A. Fiola and others for legislation relative to acupuncture detoxification specialists.
20	20	Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2957 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to acupuncture detoxification specialists.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after
32	32	2section 243 the following section:-
33	33	3 Section 244. (a) As used in this section, the following words shall have the following
34	34	4meanings unless the context clearly requires otherwise:
35	35	5 “Acupuncture detoxification specialist”, a qualified health care professional who is
36	36	6registered with the department to engage in the practice of auricular acupuncture detoxification
37	37	7pursuant to this section.
38	38	8 “Auricular acupuncture detoxification”, treatment by means of the subcutaneous insertion
39	39	9of sterile, disposable acupuncture needles in consistent, predetermined bilateral locations on the 2 of 5
40	40	10ear in accordance with the standardized auricular acupuncture detoxification protocol developed
41	41	11by the National Acupuncture Detoxification Association.
42	42	12 “General supervision”, supervision by phone or other electronic means during business
43	43	13hours with in-person site visits as determined necessary by a licensed acupuncturist.
44	44	14 “Licensed acupuncturist”, an individual who is licensed under sections 148 to 162,
45	45	15inclusive, of chapter 112 to practice as a licensed acupuncturist.
46	46	16 “National Acupuncture Detoxification Association training”, the standardized auricular
47	47	17acupuncture detoxification protocol training developed by the National Acupuncture
48	48	18Detoxification Association, effective as of January 1, 2019.
49	49	19 “Qualified health care professional”, a qualified individual who: (i) is a licensed
50	50	20physician, licensed psychologist, licensed independent clinical social worker, licensed clinical
51	51	21social worker, licensed mental health counselor, licensed psychiatric clinical nurse specialist,
52	52	22certified addictions registered nurse, licensed alcohol and drug counselor I or licensed alcohol
53	53	23and drug counselor II as defined in section 1 of chapter 111J, certified alcohol and drug abuse
54	54	24counselor or certified alcohol and drug abuse counselor II as certified by the Massachusetts
55	55	25Board of Substance Abuse Counselor Certification or an equivalent certifying body or a
56	56	26registered nurse or nurse practitioner certified by the board of registration in nursing pursuant to
57	57	27chapter 112; and (ii) has received training and a certificate of completion from the National
58	58	28Acupuncture Detoxification Association or from a state-recognized organization or agency that
59	59	29meets or exceeds National Acupuncture Detoxification Association training to engage in the
60	60	30practice of auricular acupuncture detoxification protocol for the treatment of addictions, mental
61	61	31and behavioral health, trauma as a result of a disaster and other emotional trauma. 3 of 5
62	62	32 (b) An individual who is not a licensed acupuncturist shall not engage in the practice of
63	63	33the auricular acupuncture detoxification or represent themself as an acupuncture detoxification
64	64	34specialist unless the individual: (i) has been issued: (A) an approved registration by the
65	65	35department to practice auricular acupuncture detoxification in accordance with this section; or
66	66	36(B) a license or certificate in another state with requirements that are at least equivalent to the
67	67	37requirements of this section, as determined by the commissioner; and (ii) has been trained in the
68	68	38standardized auricular acupuncture detoxification protocol in accordance with National
69	69	39Acupuncture Detoxification Association training or an equivalent training certificate by a state-
70	70	40recognized organization.
71	71	41 To engage in the practice of auricular acupuncture detoxification within the individual’s
72	72	42designated lawful scope of practice, a qualified health care professional shall file an application
73	73	43to register as an acupuncture detoxification specialist with the department on a form provided by
74	74	44the commissioner. Each application may be accompanied by the payment of a fee to be
75	75	45determined by the commissioner.
76	76	46 The applicant seeking to practice auricular acupuncture detoxification shall, at a
77	77	47minimum, furnish proof of: (i) relevant licensure or certification as a qualified health care
78	78	48professional; and (ii) completion of the National Acupuncture Detoxification Association
79	79	49training or an equivalent training certificate by a state-recognized organization. An applicant
80	80	50who is registered or certified in another state with requirements that are at least equivalent to the
81	81	51requirements of this section, as determined by the commissioner, shall be allowed to practice
82	82	52auricular acupuncture detoxification in accordance with this section. A registration issued under
83	83	53this section shall be valid for 2 years and subject to renewal as determined by the department. 4 of 5
84	84	54 (c) Auricular acupuncture detoxification shall only be performed by a licensed
85	85	55acupuncturist or a qualified health care professional within their designated lawful scope of
86	86	56practice for the purpose of providing integrated health care delivery interventions in substance
87	87	57abuse treatment and wellness promotion including, but not limited to, treating mental and
88	88	58emotional health, post and acute trauma, addiction or chemical dependency.
89	89	59 (d) A qualified health care professional registered in accordance with this section shall
90	90	60only practice under the general supervision of a licensed acupuncturist; provided, however, that
91	91	61no such individual shall use the title “acupuncturist” or otherwise represent themself or imply
92	92	62that they are a licensed acupuncturist and shall not perform or practice acupuncture outside of the
93	93	63scope of the auricular acupuncture detoxification as defined in this section.
94	94	64 (e) Nothing in this chapter or sections 149 to 162, inclusive, of chapter 112 shall prohibit,
95	95	65limit, interfere with or prevent a qualified health care professional from practicing or performing
96	96	66auricular acupuncture detoxification if the individual is acting within the lawful scope of practice
97	97	67in accordance with the individual’s license and the auricular acupuncture detoxification is
98	98	68performed in: (i) a private, freestanding facility licensed by the department that provides care or
99	99	69treatment for individuals with substance use disorders or other addictive disorders; (ii) a facility
100	100	70under the direction and supervision of the department of mental health; (iii) a setting approved or
101	101	71licensed by the department of mental health; or (iv) any other setting where auricular
102	102	72acupuncture detoxification is an appropriate adjunct therapy to a substance use disorder or
103	103	73behavioral health treatment program; provided, however, that individual or 1-on-1 appointments
104	104	74with a health care provider not within a setting pursuant to this subsection shall not be an
105	105	75appropriate setting in accordance with this section. 5 of 5
106	106	76 (f) The department may promulgate regulations to implement this section.
107	107	77 SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after
108	108	78section 155 the following section:-
109	109	79 Section 155A. Nothing in this chapter shall prohibit, limit, interfere with or prevent a
110	110	80licensed physician or medical acupuncturist from practicing or performing auricular acupuncture
111	111	81detoxification, as defined in section 244 of chapter 111, if the physician or acupuncturist is
112	112	82acting within the lawful scope of practice in accordance with their license.