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An Act To Allow Acupuncture Detoxification Specialists To Administer an Auricular Acupuncture Treatment for Addiction
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §12517  is enacted to read:
§ 12517. Auricular acupuncture detoxification; acupuncture detoxification specialists
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Acupuncture detoxification specialist" means an individual licensed in this State to practice auricular acupuncture detoxification.
 
B.  "Auricular acupuncture detoxification" means the subcutaneous insertion of sterile, disposable acupuncture needles in consistent, predetermined bilateral locations on the ear for the purpose of treatment of addiction.
 
2.  Auricular acupuncture detoxification.     Auricular acupuncture detoxification may not be provided by an individual other than a licensed acupuncturist or an acupuncture detoxification specialist and must be provided in accordance with standards established by an organization specializing in the training of auricular acupuncture detoxification approved by the board.
 
3.  Acupuncture detoxification specialist requirements.     An acupuncture detoxification specialist:
 
A.  May not perform acupuncture outside of the scope of auricular acupuncture detoxification;
 
B.  May provide auricular acupuncture detoxification only under the supervision of a licensed acupuncturist or an acupuncture detoxification specialist who is a member in good standing of an organization specializing in the training of auricular acupuncture detoxification approved by the board. The supervising practitioner must, at a minimum, be immediately available through phone or electronic means during business hours and must conduct at least 2 in-person visits or visits through videoconferencing with the acupuncture detoxification specialist during the first year the supervising practitioner oversees the work of the acupuncture detoxification specialist; and
 
C.  May not use the title "acupuncturist" or represent that the acupuncture detoxification specialist is providing acupuncture services beyond the scope of auricular acupuncture detoxification.
 
4.  Licensure of acupuncture detoxification specialists.     The board shall license acupuncture detoxification specialists in accordance with the following.
 
A.  Applications for licensure under this section must be on forms provided by the board. The board shall issue a license to an applicant who:
 
(1) Provides documentation demonstrating that the applicant possesses a certificate of training in auricular acupuncture detoxification from an organization specializing in the training of auricular acupuncture detoxification approved by the board;
 
(2) Is licensed in this State as a certified alcohol and drug counselor, licensed alcohol and drug counselor, physician, physician assistant, nurse, chiropractor, dentist, speech-language pathologist, audiologist, professional counselor, clinical professional counselor, marriage and family therapist, nurse practitioner, physical therapist, occupational therapist, pharmacist, podiatrist, psychologist, licensed social worker, conditional licensed social worker, licensed clinical social worker or licensed master social worker, conditional;
 
(3) Identifies a practitioner who will be supervising the applicant in accordance with subsection 3, paragraph B; and
 
(4) Submits the license fee established by the board by rule.
 
B.  Prior to the expiration of a license, a licensee may make an application for renewal. The board shall issue a renewal license to an applicant who:
 
(1) Identifies a practitioner who will be supervising the applicant in accordance with subsection 3, paragraph B; and
 
(2) Submits the renewal fee established by the board by rule.
 
An application for renewal made no more than 90 days past the date of expiration of a license must include a late fee in addition to the renewal fee. The board shall establish the late fee by rule. An application received more than 90 days past the expiration date is subject to all requirements covering new applicants under this section.
 
5.  Rulemaking.     The board shall adopt rules to implement and administer the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill directs the Department of Professional and Financial Regulation, Board of Complementary Health Care Providers to license acupuncture detoxification specialists and establishes standards for the provision of auricular acupuncture detoxification. The bill directs the board to adopt rules to implement the requirements.