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