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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2113 By: Pae
AS INTRODUCED
An Act relating to acupuncture and Asian medicine;
defining terms; establishing the Acupuncture and
Asian Medicine Committee; providing for membership,
terms, reimbursement policy, and powers and duties of
Committee; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 4201.1 of Title 59, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Accreditation Commission for Acupuncture and Herbal
Medicine" or "ACAHM" means the national organization that oversees
and credentials acupuncture college programs of study ;
2. "Acupuncture and Asian medicine" means a system of primary
health care for the prevention, di agnosis, and treatment of human
health conditions, injury , and disease; the promotion or restoration
of health; and the support and stim ulation of a patient 's inherent
self-healing processes thr ough patient education and the use of
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acupuncture and Asian medicinal therapies and therapeutic
substances;
3. "Acupuncture physical application " means the therapeutic use
by licensed acupuncturists of the actions or devices of electrical
muscle stimulation, ga lvanic, diathermy, ultrasound, ultraviolet
light, sauna, infrared light therapy, biofeedback, musculoskeletal
technique, and therapeutic exercise ;
4. "Approved acupuncture and Asian medical program" means an
acupuncture and Asian medical education program in the United S tates
or abroad that meets the requirem ents for accreditation by the
Accreditation Commission for Acupu ncture and Herbal Medicine (ACAHM)
or an equivalent federally recognized accrediting body for the
acupuncture and Asian medical profession recognized b y the
Acupuncture and Asian Medicine Committee created in Section 2 of
this act, or the State Department of Health. This program must be
an institution, or part of an institution, of higher education that
at the time the student completes the program is :
a. either accredited or is a candidate for accredi tation
by a regional institutional accrediting agency
recognized by the State of Oklahoma or the United
States Department of Education, or
b. a degree-granting college or university that:
(1) prior to the existen ce of ACAHM offered a full-
time structured curricu lum in acupuncture and
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supervised patient care which constituted a
master's level acupuncture education program that
was equivalent to the requirements of ACA HM,
(2) is reputable, and
(3) is in good standing in the jud gment of the State
Department of Health;
5. "Approved substances" means over-the-counter substances,
food extracts, vitamins, minerals, or other dietary supplements,
botanical preparations, and a limited formulary of legend drugs ;
6. "Committee" means the Acupuncture and Asian Medicine
Committee;
7. "Department" means the State Department of Health;
8. "License" means the document of authorization issued by the
State Department of Health for a person to engage in the practice of
acupuncture and Asian medicine;
9. "Licensed acupuncturist" means a practitioner of acupuncture
and Asian medicine who has been proper ly licensed for that purpose;
10. "National Certification Commission for Acupun cture and
Oriental Medicine" or "NCCAOM" means the national credentialing body
of acupuncturists which det ermines if an individual has completed
the requirements to be el igible to sit for the national board exams.
The Commission also administers the national board exams; and
11. "Practicing acupuncture and Asian medici ne" means the
surgical use of single -use needles inserted into and removed from
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the body and the use of other devices, modalitie s, and procedures to
penetrate the skin and stimulate under lying myofascial trigger
points and muscular and connective tissues f or the management of
neuromusculoskeletal pain and movement im pairments, treat
dysfunctions in skeletal muscle, fascia, and connect ive tissue,
diminish persistent peripheral nociceptiv e input, and reduce or
restore impairments of bod y structure and functio n leading to
improved activity and participation . Practicing acupuncture and
Asian medicine further means the prevention, cure , or correction of
any disease, illness, injury, pain , or other condition.
Furthermore, practicing acupuncture and Asian m edicine means to
restore and maintain an individual's health. Practicing acupuncture
and Asian medicine includes, but is not limited to , utilizing
acupuncture, dry needling, herbs, tuina, massage, cupping, injection
therapy, auriculotherapy, gua sha, Eastern medicine nutrition,
therapeutic exercise, moxibust ion therapy, electrostimulation,
electro-cupping, bloodletting, interpreting bloodwork results,
manual therapy, vitami ns, injectable substances, and Chinese herbal
formulas which licensed acupuncturists use i n the practice of their
profession.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4201.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
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A. There is hereby established the Acupuncture and Asian
Medicine Committee to assist the S tate Department of Health in
approval for applicants and to advise the Department on all matters
pertaining to the licensure, education , and continuing education of
licensed acupuncturists and the practice of acupunctu re and Asian
medicine.
B. The Acupuncture and Asian Medicine Committee shall consist
of seven (7) members who shall be appoint ed by the State Department
of Health as follows:
1. Four members who are licensed to prac tice acupuncture and
Asian medicine. Nominations for these four members shall be
submitted by the Oklahoma Society of Acupunctur ists and Asian
Medicine;
2. One member who is a layperson who is not and who has never
been licensed to practice acupuncture a nd Asian medicine, or is a
member of any closely related profession;
3. One member from the State of Department of Health; and
4. One member who is licensed by the State Board of Medical
Licensure and Supervision.
C. Members of the Committee shall be ap pointed for terms of
four (4) years or for the remainder of an unexpired term of a
vacancy. Members shall serve at the pleasure of the appointing
authority. Vacancies on the Committee shall be filled by the
Committee in the same manner as the original ap pointment.
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D. Members of the Committee shall no t be compensated but may be
reimbursed for all actual and necessary expenses incurred in the
performance of duties.
E. The Committee shall have the power and duty to:
1. Assist the State Department of Health in promulgating rules;
2. Assist in approving courses for continuing education units
and in determining which applicants have met the requirements set
forth by the Department and the Committee ;
3. Advise the State Department of Health on all matters
pertaining to the licensure, education, and continuing education
requirements for the practice of acupunct ure and Asian medicine in
this state;
4. Assist and advise in all hearings involving licensed
acupuncturists who are deemed to be in violation of this act; and
5. Establish and maintain a reasonable fees and fines schedule.
SECTION 3. This act shall become effective November 1, 2023.
59-1-5338 TJ 12/28/22