Section .0100 - Licensure

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 01 - acupuncture/chapter 01 rules.html
Published: 2015

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CHAPTER 01 – NORTH CAROLINA ACUPUNCTURE LICENSING BOARD

 

SECTION .0100 - LICENSURE

 

21 ncac 01 .0101             Application and practice

requirements FOR LICENSURE

In addition to and for the purposes of meeting the

requirements of G.S. 90-455, an applicant for licensure to practice acupuncture

shall satisfy requirements one through six and eight listed below or

requirements one through five and requirements seven and eight listed below:

(1)           Submit a completed application;

(2)           Submit fees as required by Rule .0103 of this Section;

(3)           Ensure that an official copy of a diploma,

transcript, license or certificate, examination score, or other document

required for application is forwarded directly to the Board by the issuing

entity or its successor organization or designated state agency.  Documents

shall have an official or government seal or written verification

authenticating the document;

(4)           If the applicant sat for the National Certification

Commission for Acupuncture and Oriental Medicine (NCCAOM) examination on or

before June 30, 2004, the applicant shall submit proof that he or she passed

the acupuncture written exam and the point location exam as established and

determined by NCCAOM or its successor organization.  If the applicant sat for the

licensing examination after June 30, 2004, the applicant shall submit proof

that he or she passed, as determined by NCCAOM, the following four NCCAOM

modules:  Foundations of Oriental Medicine, Acupuncture, Biomedicine and Point

Location;

(5)           Submit proof that he or she passed the Clean Needle

Technique course as offered and determined by the Council of Colleges of

Acupuncture and Oriental Medicine (CCAOM) or its successor organization;

(6)           Submit proof of satisfying the education

requirements listed below:

(a)           US Trained Applicants.  All U.S. trained applicants shall graduate from a three-year postgraduate acupuncture college,

accredited by or in candidacy status by the Accreditation Commission for

Acupuncture and Oriental Medicine (ACAOM) or its successor organization.

(b)           Foreign Trained Applicants.  All foreign

trained applicants shall graduate from a postgraduate acupuncture college that

meets the curricular requirements of ACAOM.  The college shall also be approved

by either:

(i)            A foreign government's Ministry of

Education;

(ii)           A foreign government's Ministry of Health;

(iii)          A governmental agency that is comparable to

a division or department of the US Government charged with educational

accreditation; or

(iv)          A private foreign accreditation agency that

has an accreditation process and standards substantially equivalent to that of

ACAOM, and that is recognized for that purpose by the substantially equivalent

governmental entity in that foreign country.  The educational institutions

shall meet the curricular requirements of ACAOM.

(c)           The documents substantiating that the U.S. trained applicant has met the specified requirements shall be submitted as follows:

(i)            The educational program or governmental

agency from which the applicant received the certificate or diploma shall send

an official copy of the applicant's transcript directly to the Board in a

sealed envelope. 

(ii)           By its submission of this transcript, the

program or agency shall verify the applicant's satisfactory completion of the

required ACAOM academic and clinical education and designate the completed

courses and the hours of study completed in each subject.

(d)           The documents substantiating that the

Foreign trained applicant has met the specified requirements shall be submitted

as follows:

(i)            The educational program or governmental

agency from which the applicant received the certificate or diploma shall send

an official copy of the applicant's transcript directly to the Board in a

sealed envelope;

(ii)           By submission of this transcript, the

program or agency shall verify the applicant's satisfactory completion of his

or her clinical education and designate the completed courses and hours of

study earned in each subject;

(iii)          The applicant, at his or her own expense,

shall submit an accurate English translation that interprets all documents

submitted in a foreign language.  Each translated document shall bear the

affidavit of the translator certifying that he or she is competent in both the

language of the document and the English language and that the translation is a

true and complete translation of the foreign language original.  Each

translated document shall also bear the affidavit of the applicant, certifying

that the translation is a true and complete translation of the original.  Each

affidavit shall be signed before a notary public; and

(iv)          All foreign trained applicants, at his or

her expense, shall submit their transcripts for evaluation by a foreign

credential evaluation service to determine if the applicant's course work is

equivalent to that required of an applicant from a three-year postgraduate

acupuncture college accredited by the Accreditation Commission for Acupuncture

and Oriental Medicine (ACAOM).  This includes a subject-by-subject analysis

that meets the curricular requirements of ACAOM in effect at the time of

certification by the National Certification Commission for Acupuncture and

Oriental Medicine (NCCAOM) in the acupuncture written and point location examinations. 

The applicant may use a current member of the National Association of

Credential Evaluation Services (NACES) or the American Association of

Collegiate Registrars and Admissions Offices (AACRAO);

(7)           Practice Requirements:

(a)           The applicant shall fulfill the requirements

set forth in G.S. 90-455.

(b)           Disciplinary action, as used in Article 30

of Chapter 90 of the General Statutes, means censure, suspension, or revocation

but does not include a letter of caution, warning or admonition; and

(8)           Submit a license history stating the disciplinary

record of the applicant to reflect any censure, suspension or revocation.  The

record shall be sent directly to the Board by each state board in which the

applicant has been licensed to practice acupuncture.

 

History Note:        Authority G.S. 90-451; 90-454; 90‑455;

Temporary Adoption Eff. March 18, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. August 1, 1996;

Amended Eff. August 1, 2007; July 1, 2000; April 1, 1999;

August 1, 1995;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

21 NCAC 01 .0102             REQUIREMENTS/WAIVER/QUALIFICATIONS/LICENSURE

DETAILED IN G.S. 90-455

An applicant for licensing seeking a waiver of the

requirements of Rule .0101 of this Section shall:

(1)           Submit a completed application before December 31,

1994, and

(2)           Submit non-refundable fees as required by Rule

.0103 of this Section, and

(3)           Provide proof of North Carolina residency as of

January 1, 1993, and

(4)           Fulfill one of the following:

(a)           Submit a certified copy, certified by the

issuing institution, of a transcript including evidence of graduation from an

acupuncture college approved by the Board (an approved acupuncture college is

one that is a minimum of two academic years of training and is certified or

approved by the state or country in which it operates), or

(b)           Submit evidence of successful completion of

the Clean Needle Technique (CNT) course and achieve a score of not less than 15

points as outlined in the Sub‑items (4)(b)(i) and (ii) of this Rule to

satisfy requirements for a Board approved training program.

(i)            Submit proof of a score of not less than

70% on the National Commission for the Certification of Acupuncturists

examination:  15 points; or

(ii)           Training:  Accrue 15 points (a minimum of 5

points in both categories in Sub‑items (4)(b)(ii)(A) and (B) of this

Rule.

(A)          Education:

(I)            Structured - For each 100 hours of

documented completion of a formal training program approved by the Board:  1

point.  A formal training program is an acupuncture college certified or

approved by the state or country in which it operates.

(II)          Apprenticeship - For each 150 hours of

supervised apprenticeship training with an acupuncturist [and which is verified

by such acupuncturist(s)]:  1 point.

(B)          Experience: An applicant must accrue a

minimum of five points in any combination of Sub-items (4)(ii)(B)(I) and (II)

of this Rule.  Acupuncture must comprise at least 90% of the applicant's

practice.  Treatments for cessation of smoking and weight loss shall not be

adequate to satisfy the experience requirements if such therapies comprise more

than 40% of the applicant's practice.

(I)            Treatment of not fewer than 100 different

patients for not less than 2000 patient hours within the last three years prior

to application for licensure:  5 points.

(II)          Treatment of not fewer than 100 patients for

not less than 4000 patient hours within the last three years prior to

application for licensure:  10 points.

(5)           Submit all correspondence, including application,

in writing, typed or printed only, to the North Carolina Acupuncture Licensing

Board, P.O. Box 25171, Asheville, NC 28803.

 

History Note:        Authority 90-454; 90-455; S.L. 1993, c.

303, s. 3;

Filed as a Temporary Adoption Eff. March 18, 1994 for a

Period of 180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;

Eff. August 1, 1994;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0103             FEES

The following fees shall apply:

(1)           Application (non-refundable)                                                                                                           $100.00

(2)           Initial biennial licensing                                                                                                                      $500.00

(3)           Renewal of biennial licensing                                                                                                            $300.00

(4)           Late license renewal (additional)                                                                                                      $200.00

(5)           Inactive license renewal, biennial extension                                                                                  $

 50.00

(6)           Duplicate license                                                                                                                                  $ 

25.00

(7)           Duplicate wall certificate                                                                                                                   $ 

50.00

(8)           Mailing Labels                                                                                                                                     $150.00

(9)           Returned check                                                                                                                                    $

 40.00

(10)         Verification of North Carolina licensure to another

state                                                            $  25.00

(11)         Name change                                                                                                                                       $   

5.00

(12)         Continuing education per single program approval                                                                      $ 

50.00

(13)         Continuing education provider approval                                                                                        $ 

50.00

(14)         Initial school application                                                                                                              

$1,000.00

(15)         Biennial renewal school approval application                                                                               $500.00

 

History Note:        Authority G.S. 90‑457;

Temporary Adoption Eff. March 18, 1994 for a Period of

180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;

Eff. August 1, 1994;

Amended Eff. August 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

 

21 NCAC 01 .0104             DEFINITIONS

The following definitions shall apply

throughout this Chapter:

(1)           "Acupuncture adjunctive

therapies" include but are not limited to auricular, nose, face, hand,

foot, and scalp acupuncture therapy; and stimulation to acupuncture points and

channels by any of the following: needles, cupping, thermal methods, magnets,

gwa-sha scraping techniques.

(2)           "Acupuncture diagnostic

techniques" include but are not limited to the use of observation,

listening, smelling, inquiring, palpation, pulse diagnosis, tongue diagnosis,

hara diagnosis, physiognomy, five element correspondence, ryodoraku, akabani,

and electro-acupuncture.

(3)           "Acupuncture needles" mean

solid filiform needles and include but are not limited to intradermal, plum

blossom, press tacks, and prismatic needles.

(4)           "Dietary guidelines"

include but are not limited to nutritional counseling and the recommendation of

food and supplemental substances.

(5)           "Electrical stimulation"

includes but is not limited to the treatment or diagnosis of energetic

imbalances using TENS, Piezo electrical stimulation, acuscope therapy,

auricular therapy devices, and percutaneous and transcutaneous electrical nerve

stimulation.

(6)           "Herbal medicine" includes

but is not limited to tinctures, patent remedies, decoction, powders, diluted

herbal remedies, freeze dried herbs, salves, poultices, medicated oils, and

liniments.

(7)           "Massage and manual

techniques" include but are not limited to acupressure, shiatsu, Tui-Na,

qi healing, and medical qi gong.

(8)           "Therapeutic exercise"

includes but is not limited to qi gong, Taoist self-cultivation exercises, dao

yin, tai qi chuan, ba gua, and meditative exercises.

(9)           "Thermal methods" include

but are not limited to moxibustion, hot and cold packs and laser acupuncture. 

All acupuncture devices shall be administered in accordance with Federal Drug

Administration guidelines.

 

History Note:        Authority G.S. 90-454;

Eff. July 1, 1995.

 

 

 

21 NCAC 01 .0105             QUALIFICATIONS FOR LICENSURE THROUGH

LICENSE RECIPROCITY

An applicant for licensure to practice acupuncture in North

Carolina shall:

(1)           Submit a completed application;

(2)           Submit fees as required by Rule .0103 of this

Section;

(3)           Have submitted directly to the North Carolina

Acupuncture Licensing Board, an official letter from the licensing board of

another jurisdiction with whom the North Carolina Acupuncture Licensing Board

has a reciprocal licensing agreement, verifying that the applicant is currently

licensed and in good standing in such jurisdiction.

 

History Note:        Authority G.S. 90-454; 90-455;

Eff. April 1, 1999;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0106             CHANGE OF NAME OR ADDRESS

Every person licensed under the provisions of this Article

shall give written notice to the Board of any change in his or her name or

address within 60 calendar days after the change takes place.

 

History Note:        Authority G.S. 90-454; 90-455; 90-456;

Eff. August 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0107             BOARD MAILING ADDRESS

All correspondence shall be mailed to the following address:

North Carolina Acupuncture Licensing Board

P.O. Box 10686

Raleigh, N.C. 27605

 

History Note:        Authority G.S. 90-450;

Eff. August 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

SECTION .0200 - RENEWAL OF LICENSURE

 

21 NCAC 01 .0201             RENEWAL OF LICENSURE

The procedure and requirements for renewal of license are as

follows:

(1)           Biennial Renewal.  A licensee must renew his or her

license by the second July 1 following initial licensure and thereafter renew

his or her license prior to expiration every two years. 

(2)           Continuing Education.  An applicant for license

renewal shall verify on a form prepared by the Board that the licensee has

completed the required continuing education units, the number of units

completed, and a list of those programs completed.  The licensee must retain

such receipts, vouchers or certificates as may be necessary to document

completion of the continuing education units required.  An applicant must

retain records to establish that the applicant has fulfilled the educational

requirements set by the Board.

(3)           Fees.  The licensee must pay the renewal fee prescribed

in Rule .0103 of this Chapter.

(4)           Suspended license.  The holder of a suspended

license must meet the prescribed renewal requirements or the license shall

expire.

(5)           Expired license. He or she must not practice

acupuncture with an expired license.  Failure to receive notification that the

license has expired during this period does not relieve the holder of an

expired license of the responsibility of meeting the continuing education

requirements that would have been required if the license had continued to be

in effect.  These continuing education units will not apply to the renewal

requirements for the subsequent renewal period.  To renew an expired license

the applicant must file the approved application, submit proof of completion of

continuing education, and pay the renewal late fee resulting from the expired

license as well as the required renewal fee.

 

History Note:        Authority G.S. 90-455;

Eff. December 1, 1995;

Amended Eff. August 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0202             PROCESS TO OBTAIN INACTIVE LICENSE;

ACTIVATE LICENSE

(a)  The procedure and requirements for inactive status are

as follows:

(1)           Written request for inactive license.  A

licensed acupuncturist not engaged in the practice of acupuncture may request

that his or her license be placed in inactive status by submitting the request

in writing to the Board.

(2)           Following a period of eight years, the

Board shall treat an inactive license as lapsed. 

(b)  The procedure and requirements to activate a license

are as follows:

(1)           Submit an application to activate a license

on a form provided by the Board.

(2)           The applicant meeting the requirements to

activate his or her license as set out in G.S. 90-455(c) shall submit a signed

statement to the Board establishing that he or she has not been involved in any

prohibited activities set forth in G.S. 90-456 during the period of inactive

status. 

(3)           To make this determination, the Board may

hold a hearing in accordance with the  requirements followed for revocation and

suspension of a license as set out in 21 NCAC 01 .0710.

(4)           The applicant shall satisfy the Board that

he or she completed 40 hours of continuing education units within the preceding

two-year period as set out in G.S. 90-455.

(c)  Fees:  An applicant shall submit payment of an inactive

license fee extension every two years upon notice by the Board.

(d)  The Board shall activate a license upon a finding that

the applicant has paid the sum total fee, completed the continuing education

requirements, and not engaged in any prohibited activities that would

constitute the basis for discipline as set forth in G.S. 90-456.

 

History Note:        Authority G.S. 90-450; 90-455; 90-456;

Eff. August 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

section .0300 – continuing education

 

21 NCAC 01 .0301             STANDARDS FOR CONTINUING EDUCATION

(a)  Applicants for license renewal shall complete 40

Continuing Education Units (CEU) every two years.  One CEU is defined as one

contact hour or 50 minutes.

(b)  All CEUs shall be completed during the two calendar

years immediately preceding the:

(1)           License renewal date, or

(2)           Date on which the license renewal is

approved by the Board.

(c)  The following requirements shall apply to the total

number of CEUs submitted by a licensee for license renewal:

(1)           A minimum of 25 CEUs must be obtained from

formally organized courses which have content relating to the scope of practice

of acupuncture as defined by G.S. 90-451(3). Each course shall be sponsored or approved

by one or more of the following organizations or their successor organizations:



(A)          National Acupuncture and Oriental Medicine Alliance (NAOMA);

(B)          Association of Acupuncture and Oriental Medicine (AAOM);

(C)          Council of Colleges of Acupuncture and Oriental

Medicine (CCAOM);

(D)          Acupuncture Schools Accredited By or in Candidacy

Status with the Accreditation Commission for Acupuncture and Oriental Medicine

(ACAOM);

(E)           National Certification Commission for Acupuncture

and Oriental Medicine (NCCAOM);

(F)           National Academy of Acupuncture and Oriental

Medicine (NAAOM);

(G)          Society for Acupuncture Research;

(H)          National Acupuncture Detoxification Association;

(I)            American Academy of Medical Acupuncture (AAMA);

(J)            The acupuncture licensing board of another State;

(K)          North Carolina Association of Acupuncture and

Oriental Medicine (NCAAOM);

(L)           American Heart Association; or

(M)         American Red Cross.

(2)           A maximum of 15 CEUs may be obtained from

teaching acupuncture diagnosis and treatment.  All CEUs for teaching shall be

approved by the Board prior to the date of the class and awarded for actual

classroom hours taught pursuant to this Rule.  For approval the licensee shall

submit the following information:

(A)          Title of the course;

(B)          Summary of course content or class syllabus;

(C)          Location of the class;

(D)          Dates of the class;

(E)           Number of classroom hours taught; and

(F)           Copy of course evaluation to be provided students.

(d)  A course submitted to the Board for credit as CEUs shall

be formally organized.  A formally organized course shall consist of the

following:

(1)           A record of attendance maintained on file

by the sponsor of the course.  This record shall be made available to the Board

upon request;

(2)           For a course taught by an instructor who is

required by the State to hold a credential to practice in the field which is

the subject of the course, the credential of that instructor shall be in good

standing and any instructor shall be competent to teach his or her designated

course by virtue of his or her education, training, and experience;

(3)           The course shall have stated course

objectives and a course syllabus or a description of the content of the course

with a class outline;

(4)           The course shall be evaluated by each

participant; and

(5)           Upon completion of each course the provider

shall issue a certificate of completion to each participant to include:

(A)          Title of the course;

(B)          Name of participant;

(C)          Name of all instructors;

(D)          Name of provider;

(E)           Date and location of the course; and

(F)           Number of CEU's completed.

(e)  CEUs from any given course may be used to satisfy the

requirements of only one biennium.

(f)  At the time of license renewal, each licensee shall

sign a statement under penalty of perjury indicating the licensee has complied

with the continuing education requirements.

(g)  Each licensee shall retain for four years records of

all continuing education programs attended, indicating:

(1)           title of the course or program;

(2)           sponsoring organization or individual;

(3)           accrediting organization; and

(4)           course hours in attendance.

(h)  The Board may audit the records of any licensee.  No

licensee shall be subject to audit more than once every two years.  Those

licensees selected for audit shall be required to document their compliance

with the continuing education requirements of this article.

(i)  Failure to comply with the continuing education

requirements shall prohibit license renewal and result in the license reverting

to an expired status at the end of the renewal period.

(j)  It shall constitute unprofessional conduct for a

licensee to misrepresent completion of required CEUs.  In the event of

misrepresentation, disciplinary proceedings may be initiated by the Board.

(k)  A maximum of 20 CEUs may be obtained for correspondence

or on-line courses.

(l)  All applications for pre-approval must be submitted 60

days prior to the date of the course.

(m)  A licensee may apply to the Board for an extension of

time as set out in G.S. 90-457.1.

 

History Note:        Authority G.S. 90-454; 90-457.1;

Eff. July 1, 1995;

Temporary Amendment Eff. January 26, 1996;

Temporary Amendment Expired November 11, 1996;

Amended Eff. August 1, 2007; August 1, 2002.

 

SECTION .0400 - PRACTICE PARAMETERS AND PROCEDURES

 

21 NCAC 01 .0401             PRACTICE PARAMETERS

The following are the practice parameters for acupuncturists

in North Carolina:

(1)           A licensed acupuncturist shall practice within the

scope of training offered by a college accredited, or in candidacy status, by

the National Accreditation Commission for Schools and Colleges of Acupuncture

and Oriental Medicine.

(2)           A licensed acupuncturist must practice within the

confines of his training.  Parameters for diagnosis and treatment of patients

include, Five Elements, Eight Principles, Yin Yang Theory, Channel Theory, Zang

Fu Organ Theory, Six Stages and Four Aspects of Disease Progressions.

 

History Note:        Authority G.S. 90-454;

Eff. August 1, 1995;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0402             ACUPUNCTURE PROCEDURES

The following

procedures shall be followed within the practice of acupuncture:

(1)        Practice

Setting:

(a)        Treatments

shall be given in surroundings that provide privacy and confidentiality.

(b)        Every

acupuncture office shall be maintained in a clean and sanitary condition at all

times, and shall have a readily accessible bathroom facility.

(c)        OSHA

Standards for Blood Borne Pathogens shall be met.

(2)        New

Patient Intake:

(a)        Prior

to treatment, a written or oral medical history shall be obtained from the

patient.  Oral statements shall be reflected in the practitioner=s notes. 

Information shall include current and past illnesses, treatments,

hospitalizations, current medications and allergies to medications.  A social

history shall include use of tobacco, alcohol, caffeine and recreational drugs.

(b)        The

names of current health practitioners shall be listed.

(c)        The

current complaints shall be outlined along with remedies and treatments tried

and in progress.

(d)        The

possibility of pregnancy or the presence of biomedical devices, such as

artificial joints or cardiac pacemaker shall be ascertained.

(3)        Fees. 

Information concerning fees shall be made available prior to treatment.

(4)        Guarantees. 

No guarantee or implied guarantee about the success of treatment shall be

given.  Reasonable indication of the length of treatment and usual outcome

shall be given.

(5)        Diagnosis:

(a)        Diagnosis

shall be made utilizing methods connected with the traditions represented in

Oriental medicine as listed in Rule .0104 of this Chapter.  Examples of

diagnostic measures include the Eight Principles, Five Elements, Pulse

diagnosis, and Tongue diagnosis.

(b)        The

diagnostic procedures shall be recorded at each visit.

(6)        Treatment. 

The specifies of the treatment shall be recorded at each visit.

(7)        Medical

Records.  Dated notes of each patient visit and communication shall be kept. 

These records may only be made available to other parties with the patients=s

written authorization.

(8)        Failure

to Progress:

(a)        If

a patient fails to respond to treatments, discussion about other forms of

treatment or referral to another health care professional shall be made.

(b)        In

the case of persistent, unexplained pain, or the unexplained worsening of any

condition in the face of ongoing treatment, referral or consultation shall be

made.  In choosing a referral source, priority shall be given to previously

seen practitioners.

(c)        Requests

by the patient for information about other forms of treatment or referral shall

always be honored.

 

History Note:        Authority G.S. 90-454;

Eff. August 1, 1995.

 

 

 

 

SECTION .0500 - SCHOOLS AND COLLEGES OF ACUPUNCTURE

 

21 NCAC 01 .0501              QUALIFICATIONS

FOR ESTABLISHING A SCHOOL FOR ACUPUNCTURE IN NORTH CAROLINA

(a)  For the purposes of this Rule "Acupuncture

program" means training in acupuncture offered by an academic institution

on a continuing basis.

(b)  In addition to and for the purposes of meeting the

requirements of G.S. 90-454(3), in order to be approved as a school of

acupuncture an institution must meet the following standards:

(1)           submit a completed application;

(2)           submit fees as required by Rule .0103 of this

Chapter;

(3)           offer an Acupuncture program that extends over a

minimum of three academic years, six semesters, nine quarters or 27 months,

which consists of a minimum of 1800 clock hours with a minimum of 900 hours of

didactic and theoretical training and 650 hours of supervised clinic.  A

minimum of 400 hours of the 650 hours of clinical training must be actual

treatments;

(4)           achieve candidacy status with the National

Accreditation Commission for Schools and Colleges of Acupuncture and Oriental

Medicine within one year of beginning classes and maintain accreditation

throughout years of operation;

(5)           provide a transcript of grades, as part of the

student=s record, that includes the following:  name, address, date of birth,

course titles, grades received, number of clock hours per course;

(6)           grant a diploma only after the student has

successfully completed the educational program in acupuncture, personally

attended all required classes and completed the program requirements.

 

History Note:        Authority G.S. 90-454;

Eff. December 1, 1995;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

 

                              SECTION

.0600 -RESERVED FOR FUTURE CODIFICATION

 

 

 

 

SECTION .0700 - ADMINISTRATIVE PROCEDURES

 

21 NCAC 01 .0701              ADMINISTRATIVE

REVIEW OF BOARD'S DECISION DENYING ISSUANCE OF A LICENSE

Whenever the North Carolina Acupuncture Licensing Board has

determined that a person has failed to satisfy the Board of his qualifications

and has failed to be issued a license, the Board shall immediately notify such

person of its decision, and indicate in what respect the applicant has so

failed to satisfy the Board.  Such applicant shall be given a contested case

hearing before the Board upon request of such applicant filed with or mailed by

registered mail to the secretary of the Board at 1418 Aversboro Rd., Garner, NC

27529 within 60 days after receipt of the Board's decision, stating the reasons

for such request.  The Board shall within 20 days of receipt of such request

notify such applicant of the time and place of a public hearing, which shall be

held within 60 days.  The burden of satisfying the Board of his qualifications

for licensure shall be upon the applicant.  Following such hearing, the Board

shall determine whether the applicant is entitled to be licensed.

 

History Note:        Authority G.S. 90-454;

Eff. December 1, 1995;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0702             FILING COMPLAINTS

(a)  General.  Any person who has reason to believe that a

licensed acupuncturist has violated the laws governing acupuncture may file a

complaint with the North Carolina Acupuncture Licensing Board.  Complaints

shall be filed with the secretary of the North Carolina Acupuncture Licensing

Board at 1418 Aversboro Road, Garner, North Carolina 27529.

(b)  Form of Complaint.  Complaints may be formal or

informal, but must be in writing:

(1)           Informal Complaint.  The Board shall

consider any written communication, construed most favorably to the

complainant, which appears to allege a violation of the laws governing

acupuncture an informal complaint.

(2)           Formal Complaint.  A complainant shall

execute a formal complaint in writing under oath upon a form provided by the

secretary.  The complaint shall specify the statute or rule allegedly violated

and shall contain a short statement of the acts or omissions constituting the

alleged violation including the dates of said acts or omissions.

(c)  Secretary's Response to Complaints.  The secretary

shall review any complaint to determine whether a major or minor violation has

been alleged.  If the secretary determines that the alleged violation is minor,

he shall attempt to resolve the complaint by informal communication with the

complainant and the acupuncturist complained of.  If the secretary determines

that the alleged violation is major, he shall assist the complainant in filing

a formal complaint, if one has not already been filed.

 

History Note:        Authority G.S. 90-454;

Eff. February 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0703             DETERMINATION OF PROBABLE CAUSE

(a)  General. Formal complaints shall be investigated by the

North Carolina Acupuncture Licensing Board.  The Board shall hold a hearing to

determine whether there is probable cause to believe a violation of the laws

governing acupuncture has occurred.

(b)  Notice of Hearing.  The secretary shall provide notice

of the probable cause hearing to the acupuncturist complained against by

certified mail at least 15 days in advance of the hearing.

(c)  Conduct of Probable Cause Hearing.  The probable cause

hearing shall be informal, and the secretary may establish at his discretion

such procedures as are necessary to facilitate examination of the evidence. 

The Board may consider evidence at the probable cause hearing which would not

be admissible if offered at the hearing in a contested case.

(d)  Action by the Board.  After examining the evidence

presented at the probable cause hearing, the Board may dispose of each charge

in the formal complaint as follows:

(1)           If no probable cause exists to believe that

a violation of G.S. 90-456 has occurred, the charge may be dismissed.

(2)           If the respondent admits the charge, he may

be directed to cease and desist from commission of those acts which violate the

provisions of G.S. 90-456.

(3)           If a charge is denied and probable cause is

found, or if a charge, while admitted, is of such gravity as to make the

imposition of punitive sanctions appropriate, the complaint shall be presented

to the Board for its decision on the merits in accordance with G.S. 150B,

Article 3A.

 

History Note:        Authority G.S. 90-456;

Eff. February 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0704             INFORMAL PROCEEDINGS

(a)  In addition to formal hearings pursuant to G.S. 90-456,

the Board may conduct informal proceedings in order to settle on an informal

basis matters of dispute.  A person practicing acupuncture pursuant to a license

or other authority granted by the Board may be invited to attend a meeting with

the Board or a committee of the Board on an informal basis to discuss any

matter the Board deems appropriate.  No public record of such proceeding shall

be made nor shall any individual be placed under oath to give testimony. 

Matters discussed by a person appearing informally before the Board may,

however, be used against such person in a formal hearing if a formal hearing is

subsequently initiated.

(b)  As a result of such informal meeting, the Board may

recommend that certain actions be taken by such person, may offer such person

the opportunity to enter into a consent order which will be a matter of public

record, may institute a contested case concerning such person, or may take

other action as the Board may deem appropriate in each case.

(c)  Attendance at such an informal meeting is not required

and is at the sole discretion of the person so invited.  A person invited to

attend an informal meeting may have counsel present at such meeting.

 

History Note:        Authority G.S. 150B-38(h);

Eff. February 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0705             INITIATION OF FORMAL HEARINGS

(a)  The North Carolina Acupuncture Licensing Board may

initiate a disciplinary action against a licensed acupuncturist or applicant

pursuant to G.S. 90-456.

(b)  Upon receipt of a written request and substantiating

information from any person in a position to present information as a basis for

the action, the North Carolina Acupuncture Licensing Board shall conduct an

investigation sufficient to determine whether reasonable cause exists to

initiate disciplinary action(s).

(c)  An opportunity will be given the person for a hearing

before the Board at the next meeting.

 

History Note:        Authority G.S. 90-456; 150B-38(h);

Eff. August 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0706             CONTINUANCES

Any person summoned to appear before the Board

at a contested case hearing may seek to obtain a continuance of that hearing by

filing with the Executive Secretary of the Board, as soon as the reason for

continuance is known, a motion for continuance setting forth with specificity

the reason the continuance is desired.  Continuances shall be granted for

reasons such as personal or family illness, death, or an act of God.  Motions

for continuances shall be ruled upon by the President and Executive Secretary

of the Board or in the absence of the President, by the Secretary and Executive

Secretary.

 

History Note:        Authority G.S. 90-456; 150B-38(h);

Eff. March 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0707             DISQUALIFICATION FOR PERSONAL BIAS

Any person summoned to appear before the Board

at a contested case hearing may challenge on the basis of personal bias or

other reason for disqualification the fitness and competency of any member of

the Board to hear and weigh evidence concerning that person.  Challenges shall

be stated by way of motion accompanied by affidavit setting forth with

specificity the grounds for such challenge and shall be filed with the

Executive Secretary of the Board within 14 days of receipt of letter. Nothing

contained in this Rule shall prevent a person appearing before the Board at a

contested case hearing from making personal inquiry of members of the Board as

to their knowledge of and personal bias concerning that person's case.

 

History Note:        Authority G.S. 90-456; 150B-38(h);

Eff. March 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0708             RESERVED FOR FUTURE CODIFICATION

 

 

 

21 NCAC 01 .0709             PROCEDURE OF REVOCATION OF LICENSURE

(a)  If the North Carolina Acupuncture Licensing Board

determines that reasonable cause exists to initiate a disciplinary action

pursuant to G.S. 90-456, the Board shall prepare written charges and determine

what action(s) shall be taken.

(b)  The Board shall provide the person with a copy of the

written charges and notify the person that it shall take the determined

action(s) unless the person, within 60 days of receipt of notice, initiates

administrative proceedings under G.S. 150B, Article 3A.  The notice will be

sent certified mail, return receipt requested.

(c)  If the person initiates administrative proceedings the

North Carolina Acupuncture Licensing Board shall defer final action on the

matter until the proceedings are completed.  If the person does not initiate

administrative proceedings within 60 days of receipt of notice, the North

Carolina Acupuncture Licensing Board may implement the action(s) at its next

meeting.

(d)  The North Carolina Acupuncture Licensing Board may

reinstate a suspended or revoked license or may grant a new license upon

application and demonstration of satisfactory compliance with Board

requirements.

 

History Note:        Authority G.S. 90-456; 150B-38(h);

Eff. August 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0710             HEARING BEFORE REVOCATION OR

SUSPENSION OF A LICENSE

Before the Board shall revoke, restrict or suspend any

license granted by it, the licensee shall be given a written notice indicating

the general nature of the charges, accusation, or complaint made against him. 

This notice may be prepared by a committee of one or more members of the Board

designated by the Board, and stating that such licensee will be given an

opportunity to be heard concerning such charges or complaint at a time and place

stated in such notice, or at a time and place to be thereafter designated by

the Board.  The Board shall hold a hearing not less than 30 days from the date

of the service of such notice upon such licensee, at which such licensee may

appear personally and through counsel, may cross examine witnesses and present

evidence in his own behalf.

 

History Note:        Authority G.S. 90-454(1);

Eff. February 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.

 

21 NCAC 01 .0711             PROVISIONS FOR PETITION FOR A RULE

CHANGE

Each person desiring to petition for the adoption, amendment

or repeal of a rule shall submit the following information to the Board:

(1)           draft of the proposed rule or amendment to a rule;

(2)           reasons for the proposal;

(3)           effect of the existing rule;

(4)           data supporting the proposal;

(5)           effect on existing practices in the area involved,

including costs;

(6)           names of those most likely to be affected, with

addresses if known; and

(7)           the name and address of the petitioner.  The North

Carolina Acupuncture Licensing Board shall render a decision regarding the

denial of a petition or the initiation of rule-making proceedings.

 

History Note:        Authority G.S. 90-454(8); 150B-20;

Eff. February 1, 1997;

Pursuant to G.S. 150B-21.3A, rule is necessary without

substantive public interest Eff. November 12, 2014.