DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
DIRECTOR’S OFFICE
ACUPUNCTURE – GENERAL RULES
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16141, 16145, 16148, 16174, 16201, 16204, 16205, 16287, 16515, 16517, and 16525 of the public health code, 1978 PA 368, MCL 333.16141, 333.16145, 333.16148, 333.16174, 333.16201, 333.16204, 333.16205, 333.16287, 333.16515, 333.16517, and 333.16525 and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)
R 338.13002 and R 338.13004 of the Michigan Administrative Code are amended, R 338.13011, R 338.13012, R 338.13013, R 338.13014, R 338.13016, R 338.13017, R 338.13031, R 338.13033, and R 338.13041 are added, and R 338.13005, R 338.13006, R 338.13007, R 338.13008, R 338.13010, R 338.13025, R 338.13026, R 338.13028, and R 338.13035 are rescinded, as follows:
PART 1. GENERAL RULES
R 338.13002 Training standards for identifying victims of human trafficking; requirements.
(a) Training content must cover all of the following:
(i) Understanding the types and venues of human trafficking in the United States.
(ii) Identifying victims of human trafficking in health care settings.
(iii) Identifying the warning signs of human trafficking in health care settings for adults and minors.
(iv) Resources for reporting the suspected victims of human trafficking.
(b) Acceptable providers or methods of training include any of the following:
(i) Training offered by a nationally-recognized or state-recognized health-related organization.
(ii) Training offered by, or in conjunction with, a state or federal agency.
(iii) Training obtained in an educational program that has been approved by the board for initial licensure or registration, or by a college or university.
(iv) Reading an article related to the identification of victims of human trafficking that meets the requirements of subdivision (a) of this subrule and is published in a peer review journal, health care journal, or professional or scientific journal.
(c) Acceptable modalities of training may include any of the following:
(i) Teleconference or webinar.
(ii) Online presentation.
(iii) Live presentation.
(iv) Printed or electronic media.
(2) The department may select and audit a sample of individuals and request documentation of proof of completion of training. If audited by the department, an individual shall provide an acceptable proof of completion of training, including either of the following:
(a) Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.
(b) A self-certification statement by an individual. The
self-certification statement must include the individual’s name and either
1 of the following:
(i) For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.
(ii) For training completed pursuant to subrule (1)(b)(iv) of this rule, the title of the article, author, publication name of peer review journal, health care journal, or professional or scientific journal, and date, volume, and issue of publication, as applicable.
(3) Pursuant to section 16148 of the code, MCL 333.16148,
the requirements specified in subrule (1) of this rule apply to an applicant for
license renewal beginning July 2, 2018, and to an applicant for initial licensure
beginning April 22, 2021.
R 338.13004 Approval and Adoption adoption
of examinations; approval and
adoption of standards of competence.
Rule 4. (1) The board approves and adopts the examinations
developed, scored, and required for certification by the The National
Certification Commission for Acupuncture and Oriental Medicine’s Medicine
(NCCAOM).
(2) The board approves and adopts the NCCAOM national
standards of competence in acupuncture and Oriental medicine as set forth in
the document titled, “NCCAOM Certification Handbook,” effective January 1, 2019,
is approved by the board and adopted by reference in these rules. The
document is available for inspection and distribution at the cost of 10 cents
per page from the Department of Licensing and Regulatory Affairs, Bureau of Professional
Licensing at 611 W. Ottawa St. P.O. Box 30670, Lansing, Michigan 48909 and at
no cost from NCCAOM at www.nccaom.org or National
Certification Commission for Acupuncture and Oriental Medicine, 2025 M. Street
NW, Suite 800, Washington, DC 20036.
PART 2. LICENSURE
R 338.13005 Licensure of Michigan-registered acupuncturist;
requirements.
Rescinded.
Rule 5. Beginning on the date of promulgation of these
rules and for a period of 36 months following promulgation of these rules, the
department shall issue a license to an applicant who, in addition to meeting
all the requirements of the code, satisfies both of the following:
(a) Submits a completed application on a form provided
by the department, together with the requisite fee.
(b) Is currently registered as an acupuncturist in this
state.
R 338.13006 Licensure of non-NCCAOM certified acupuncturist;
requirements.
Rescinded.
Rule 6. (1) Beginning on
the date of promulgation of these rules, and for a period of 36 months following
promulgation of these rules, the department shall issue a license to an applicant
who, in addition to meeting all the requirements of the code, submits a completed
application on a form provided by the department, together with the requisite
fee.
(2) The applicant shall demonstrate
to the board that he or she has the education, training, and experience required
for licensure pursuant to sections 16515 and 16525 of the code, MCL 333.16515 and
333.16525. The applicant shall satisfy all of the following:
(a) The applicant shall establish
that he or she has completed a minimum of 1,245 hours of systematic acupuncture
education, as that term is defined in section 16501(1)(v) of the code, MCL 333.16501,
by submitting his or her education records, training records, or other verifiable
evidence of the applicant’s education and training that included live lectures,
demonstrations, and supervised clinical training specific to acupuncture.
(b) The applicant shall
establish that he or she is certified in clean needle technique by the Council
of Colleges of Acupuncture and Oriental Medicine.
(c) The applicant shall establish
that he or she has provided acupuncture services to an average of 50 or more
patients per year during the 4 years preceding the date of application for
licensure by submitting his or her patient records, billing records, or both. The
applicant shall ensure that patient confidentiality is protected on every document
submitted.
(3) If documentation
submitted pursuant to this rule is in a language other than English, an original,
official translation must also be submitted.
R 338.13007 Licensure of NCCAOM-certified
applicant; requirements. Rescinded.
Rule 7. Beginning on the
date of promulgation of these rules, the department shall issue a license to an
applicant who, in addition to meeting all the requirements of the code, satisfies
both of the following:
(a) Submits a completed
application on a form provided by the department, together with the requisite
fee.
(b) Submits proof acceptable
to the department that he or she is currently certified by NCCAOM as a Diplomate
of Acupuncture or Diplomate of Oriental Medicine.
R 338.13008 Limited License; requirements;
restrictions. Rescinded.
Rule 8. (1) Beginning on
the date of promulgation of these rules, and for a period of 36 months following
the promulgation of these rules, the department shall issue a limited license
to an applicant who, in addition to meeting the requirements of the code, meets
all of the following:
(a) The applicant
provides documentation that he or she has been performing acupuncture under the
supervision of a physician licensed under part 170 of the code, MCL 333.17001
to 333.17097, or part 175 of the code, MCL 333.17501 to 333.17556, for a minimum
of 2 years before March 4, 2020.
(b) The applicant submits
a form provided by the department that contains the name and signature of the
supervising physician acknowledging assumption of the supervisory
responsibilities under section 16109(2) of the code, MCL 333.16109.
(c) The applicant holds a
license to engage in another health profession as defined in section 16105(2)
of the code, MCL 333.16105, at the time of his or her application.
(2) A limited licensee shall
comply with all of the following:
(a) Engage in the
practice of acupuncture only under the supervision of the physician identified
pursuant to subrule (1)(b) of this rule.
(b) Notify the department
if the physician identified pursuant to subrule (1)(b) of this rule is no longer
willing or able to supervise the limited licensee.
(i) If the supervising
physician is no longer willing or able to supervise the limited licensee, the
limited licensee shall not provide acupuncture services until a new supervising
physician licensed under part 170 or part 175 of the code is secured and the requirements
of subrule (1)(b) of this rule have been met by the new supervising physician and
the form, provided by the department, that contains the name and signature of
the supervising physician acknowledging assumption of the supervisory responsibilities
under section 16109(2) of the code, MCL 333.16109, has been submitted to the department.
(ii) A limited license
cannot be renewed if a supervising physician licensed under part 170 or part
175 of the code is not identified.
(c) A limited licensee shall
not collect payment from an insurer for performing a service that is within the
practice of acupuncture.
R 338.13010 Licensure by endorsement;
requirements. Rescinded.
Rule 10. (1) An applicant
for an acupuncturist license by endorsement, in addition to meeting all the requirements
of the code, shall submit a completed application on a form provided by the department,
together with the requisite fee and satisfy both of the following:
(a) Demonstrate to the satisfaction
of the department that he or she holds an active license or registration in
good standing from another state on the date of filing an application for licensure
by endorsement.
(b) Submit proof acceptable
to the department that he or she is currently certified by NCCAOM as a Diplomate
of Acupuncture or Diplomate of Oriental Medicine.
(2) An applicant’s license
or registration in good standing shall be verified by the licensing or registering
agency of each state in which the applicant holds or ever held a license or registration
as an acupuncturist. If applicable, verification must include the record of
any disciplinary action taken or pending against the applicant.
R 338.13011 Licensure of Michigan-registered acupuncturist; requirements.
(a) Submits a completed application on a form provided by the department, together with the requisite fee.
(b) Is currently registered as an acupuncturist in this state.
R 338.13012 Licensure of non-NCCAOM certified acupuncturist; requirements.
Rule 12. (1) Beginning April 1, 2021, and ending March 31, 2024, the department shall issue a license to an applicant who, in addition to meeting all the requirements of the code and the rules promulgated under the code, submits a completed application on a form provided by the department, together with the requisite fee, and satisfies both of the following:
(a) The applicant shall establish that he or she is certified in clean needle technique by the Council of Colleges of Acupuncture and Oriental Medicine.
(b) The applicant shall demonstrate to the board that he or she has the education, training, and experience required for licensure pursuant to sections 16515 and 16525 of the code, MCL 333.16515 and 333.16525. The applicant shall satisfy both of the following:
(i) The applicant shall establish that he or she has completed a minimum of 1,245 hours of systematic acupuncture education, as that term is defined in section 16501 of the code, MCL 333.16501, by submitting his or her education records, training records, or other verifiable evidence of the applicant’s education and training that included live lectures, demonstrations, and supervised clinical training specific to acupuncture.
(ii) The applicant shall establish that he or she has provided acupuncture treatment to an average of 50 or more unique patients per year during the 4 years preceding the date of application for licensure by submitting his or her patient and billing records. Documentation must not include multiple treatments provided to the same patient. The applicant shall ensure that patient confidentiality is protected on every document submitted by redacting all personal identifying information. A patient’s initials or unique patient number shall be used on each document submitted to clearly identify the patient and billing records as belonging to a unique patient.
(2) If documentation submitted pursuant to this rule is in a language other than English, an original, official translation must also be submitted.
R 338.13013 Licensure of NCCAOM-certified applicant; requirements.
Rule 13. The department shall issue a license to an applicant who, in addition to meeting all the requirements of the code and the rules promulgated under the code, satisfies both of the following:
(a) Submits a completed application on a form provided by the department, together with the requisite fee.
(b) Submits proof acceptable to the department that he or she is currently certified by NCCAOM as a Diplomate of Acupuncture or Diplomate of Oriental Medicine.
R 338.13014 Limited License; requirements; restrictions.
Rule 14. (1) Beginning April 1, 2021, and ending March 31, 2024, the department shall issue a limited license to an applicant who, in addition to meeting the requirements of the code and the rules promulgated under the code, meets all of the following:
(a) The applicant provides documentation that he or she has been performing acupuncture under the supervision of a physician licensed under part 170 of the code, MCL 333.17001 to 333.17097, or part 175 of the code, MCL 333.17501 to 333.17556, for a minimum of 2 years before March 4, 2020.
(b) The applicant submits a form provided by the department that contains the name and signature of the supervising physician acknowledging assumption of the supervisory responsibilities described under section 16109(2) of the code, MCL 333.16109.
(c) The applicant holds a license to engage in another health profession as that term is defined in section 16105(2) of the code, MCL 333.16105, at the time of his or her application.
(2) A limited licensee shall comply with all of the following:
(a) Engage in the practice of acupuncture only under the supervision of the physician identified pursuant to subrule (1)(b) of this rule.
(b) Notify the department if the physician identified pursuant to subrule (1)(b) of this rule is no longer willing or able to supervise the limited licensee.
(i) If the supervising physician is no longer willing or able to supervise the limited licensee, the limited licensee shall not provide acupuncture services until a new supervising physician licensed under part 170 of the code, MCL 333.17001 to 333.17097, or part 175 of the code, MCL 333.17501 to 333.17556, is secured and the requirements of subrule (1)(b) of this rule have been met by the new supervising physician and the form, provided by the department, that contains the name and signature of the supervising physician acknowledging assumption of the supervisory responsibilities described under section 16109(2) of the code, MCL 333.16109, has been submitted to the department.
(ii) A limited license cannot be renewed if a supervising physician licensed under part 170 of the code, MCL 333.17001 to 333.17097, or part 175 of the code, MCL 333.17501 to 333.17556, is not identified.
(c) A limited licensee shall not collect payment from an insurer for performing a service that is within the practice of acupuncture.
R 338.13016 Licensure by endorsement; requirements.
Rule 16. (1) An applicant for an acupuncturist license by endorsement, in addition to meeting all the requirements of the code and the rules promulgated under the code, shall submit a completed application on a form provided by the department, together with the requisite fee and satisfy both of the following:
(a) Demonstrate to the satisfaction of the department that he or she holds an active license or registration in good standing from another state or a license in good standing from a province of Canada on the date of filing an application for licensure by endorsement.
(b) Submit proof acceptable to the department that he or she is currently certified by NCCAOM as a Diplomate of Acupuncture or Diplomate of Oriental Medicine.
(2) An applicant for licensure by endorsement shall comply with both of the following:
(a) Disclose each license, registration, or certification in a health profession or specialty issued by another state, the United States military, the federal government, or another country on the application form.
(b) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application.
R 338.13017 Application for relicensure; requirements.
Rule 17. (1) An applicant whose license has lapsed may be relicensed by satisfying the requirements of the code and the rules promulgated under the code and upon submission of the appropriate documentation as noted in the table below:
|
(a) For an acupuncturist who has let his or her Michigan license lapse and is currently licensed or registered in another state or province of Canada. |
Lapsed 0-3 years |
Lapsed more than 3 years |
||
|
(i) |
Submits a completed application on a form provided by the department, together with the required fee. |
√
|
√
|
|
|
(ii) |
Establishes that he or she is of good moral character as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47. |
√
|
√
|
|
|
(iii) |
Submits fingerprints as required under section 16174(3) of the code, MCL 333.16174. |
|
√
|
|
|
(iv) |
Submits proof of having completed 30 hours of continuing education in compliance with R 338.13031 and R 338.13033 within the 2-year period immediately preceding the application for relicensure. |
√
|
√
|
|
|
(v) |
An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following: (A) Disclose each license, registration, or certification on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
√
|
√
|
|
|
(b) For an acupuncturist who has let his or her Michigan license lapse and is not currently licensed or registered in another state or province of Canada. |
Lapsed 0-3 years |
Lapsed more than 3 years |
||
|
(i) |
Submits a completed application on a form provided by the department, together with the required fee. |
√
|
√
|
|
|
(ii) |
Establishes that he or she is of good moral character as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47. |
√
|
√ |
|
|
(iii) |
Submits fingerprints as required under section 16174(3) of the code, MCL 333.16174. |
|
√
|
|
|
(iv) |
Submits proof of having completed 30 hours of continuing education in compliance with R 338.13031 and R 338.13033 within the 2-year period immediately preceding the application for relicensure. |
√
|
√
|
|
|
(v) |
Possesses a current and valid NCCAOM certification as a Diplomate of Acupuncture or Diplomate of Oriental Medicine. |
|
√
|
|
|
(vi) |
An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following: (A) Disclose each license, registration, or certification on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
√
|
√
|
|
(2) If relicensure is granted and it is determined that a sanction has been imposed by another state, the United States military, the federal government, or another country, the disciplinary subcommittee may impose appropriate sanctions under section 16174(5) of the code, MCL 333.16174.
R 338.13025 Application for relicensure;
requirements. Rescinded.
Rule 25. An applicant whose license
has lapsed may be relicensed upon submission of the appropriate documentation
as noted in the table below:
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PART 3. LICENSE RENEWAL, LIMITED LICENSE RENEWAL, AND CONTINUING EDUCATION
R 338.13026 Renewal of acupuncturist
license; renewal of limited license; requirements;
limitations; waiver request.
Rescinded.
Rule 26. (1) Pursuant to
section 16517 of the code, MCL 333.16517, an applicant for renewal of a license
or limited license, who has been licensed for the 2-year period immediately preceding
the expiration date of the license, shall accumulate 30 hours of continuing
education related to the practice of acupuncture and approved by the board, pursuant
to these rules, during the 2 years before the expiration date of the license.
(2) An applicant for renewal
of a license or a limited license shall accumulate at least 5 hours of the
required hours of continuing education in pain and symptom management related
to the practice of acupuncture during each license cycle pursuant to sections
16204(2) and 16517(2) of the code, MCL 333.16204 and 333.16517.
(3) An applicant for
renewal of a limited license, in addition to meeting the requirements of
subrules (1) and (2) of this rule, shall meet all of the following:
(a) Pursuant to section
16517(3) of the code, MCL 333.16517, the applicant shall hold an active license
to engage in another health profession, as defined in section 16105 of the
code, MCL 333.16105, at the time of his or her application, and as a condition
of renewal of his or her limited license.
(b) The applicant shall
accumulate the continuing education credits required in subrules (1) and (2) of
this rule in addition to any continuing education credits accumulated for the purpose
of renewing his or her other health professional license.
(c) The applicant shall submit
a form, provided by the department, that contains the name and signature of his
or her supervising physician acknowledging that the physician provided the supervisory
responsibilities required under section 16109(2) of the code, MCL 333.16109, during
the previous license cycle and agreeing to provide those supervisory responsibilities
during the next license cycle.
(4) Submission of an
application for renewal constitutes the applicant's certification of compliance
with this rule. An applicant shall retain documentation of satisfying the
requirements of this rule for a period of 4 years from the date of applying for
license renewal. The board may require an applicant to submit evidence to
demonstrate compliance with this rule. Failure to comply with this rule is a
violation of section 16221(h) of the code, MCL 333.16221.
(5) The department must receive
a request for a waiver under section 16205 of the code, MCL 333.16205, before
the expiration date of the license.
(6) The continuing education
credits earned in 1 license cycle may not be carried forward to the next license
cycle.
(7) The applicant may not
earn continuing education credits for completing the same activity twice within
the same license cycle.
R 338.13028 Acceptable
continuing education, requirements. Rescinded.
Rule 28. (1) The board
approves for continuing education a course or activity approved by the NCCAOM as
a professional development activity (PDA). One PDA credit equals 1 hour of continuing
education credit that can be accumulated to satisfy the requirements of R 338.13026.
(2) Pursuant to section
16517(1) of the code, MCL 333.16517, an individual who has met the continuing
education standards of the NCCAOM is considered to have met the continuing education
requirements for license renewal.
(3) If an applicant does
not meet the requirements of subrule (2) of this rule, he or she shall accumulate
not less than 30 continuing education credits by participating in a course or
activity approved by the NCCAOM.
R 338.13031 Renewal of acupuncturist license; renewal of limited license;
requirements; limitations; waiver request.
Rule 31. (1) Pursuant to section 16517 of the code, MCL 333.16517, an applicant for renewal of a license or limited license, who has been licensed for the 2-year period immediately preceding the expiration date of the license, shall satisfy the requirements of R 338.7001 to R 338.7005 and accumulate 30 hours of continuing education related to the practice of acupuncture and approved by the board pursuant to these rules, during the 2 years before the expiration date of the license.
(2) An applicant for renewal of a license or a limited license shall accumulate at least 5 hours of the required hours of continuing education in pain and symptom management related to the practice of acupuncture during each license cycle pursuant to sections 16204(2) and 16517(2) of the code, MCL 333.16204 and 333.16517.
(3) An applicant for renewal of a limited license, in addition to meeting the requirements of subrules (1) and (2) of this rule, shall meet all of the following:
(a) Pursuant to section 16517(3) of the code, MCL 333.16517,
the applicant shall hold an active license to engage in another health profession,
as that term is defined in section 16105 of the code, MCL 333.16105, at the time
of his or her application, and as a condition of renewal of his or her limited license.
(b) The applicant shall accumulate the continuing education credits required in subrules (1) and (2) of this rule in addition to any continuing education credits accumulated for the purpose of renewing his or her other health professional license.
(c) The applicant shall submit a form, provided by the department, that contains the name and signature of his or her supervising physician acknowledging that the physician provided the supervisory responsibilities described under section 16109(2) of the code, MCL 333.16109, during the previous license cycle and agreeing to provide those supervisory responsibilities during the next license cycle.
(4) Submission of an application for renewal constitutes the applicant's certification of compliance with this rule. An applicant shall retain documentation of satisfying the requirements of this rule for a period of 4 years from the date of applying for license renewal. The board may require an applicant to submit evidence to demonstrate compliance with this rule. Failure to comply with this rule is a violation of section 16221(h) of the code, MCL 333.16221.
(5) The department must receive a request for a waiver under section 16205 of the code, MCL 333.16205, before the expiration date of the license.
(6) The continuing education credits earned in 1 license cycle may not be carried forward to the next license cycle.
(7) The applicant may not earn continuing education credits for completing the same activity twice within the same license cycle.
R 338.13033 Acceptable continuing education, requirements.
Rule 33. (1) The board approves for continuing education a course or activity approved by the NCCAOM as a professional development activity (PDA). One PDA credit equals 1 hour of continuing education credit that can be accumulated to satisfy the requirements of R 338.13031.
(2) Pursuant to section 16517(1) of the code, MCL 333.16517, an individual who has met the continuing education standards of the NCCAOM is considered to have met the continuing education requirements for license renewal.
(3) If an applicant does not meet the requirements of subrule (2) of this rule, he or she shall accumulate not less than 30 continuing education credits by participating in a course or activity approved by the NCCAOM.
R 338.13035 Delegation; supervision.
Rescinded.
Rule 35. An acupuncturist shall
practice under the delegation of an allopathic physician or osteopathic physician
and surgeon in accordance with sections 16104, 16109, and 16215(3) of the code,
MCL 333.16104, 333.16109, and 333.16215(3).
PART 4. REGISTERED ACUPUNCTURIST,
DELEGATION
R 338.13041 Registered acupuncturist; delegation.
Rule 41. Until March 31, 2024, a registered acupuncturist may engage in the practice of acupuncture under section 16511(1) of the code, MCL 333.16511, under the delegation of an allopathic physician or osteopathic physician and surgeon in accordance with sections 16104, 16109, and 16215(3)(a) of the code, MCL 333.16104, 333.16109, and 333.16215.