30 Miss. Code. R. 2625-1.1 - Scope of Practice

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The following rules pertain to licensed practitioners performing traditional or modern methods or techniques of acupuncture, as permitted by the Mississippi Acupuncture Act. Prior to treating patients utilizing acupuncture, practitioners must conform to all requirements set forth in Miss. Code Ann. § 73-71-1 et. seq., to include the requirement that an evaluation by a licensed physician must take place prior to treatment via acupuncture, as found in § 73-71-7. While treating a patient, a non-physician qualified practitioner shall not make a medical diagnosis but may provide pattern differentiation according to Traditional Chinese Medicine. If a patient's condition is not improving or a patient requires emergency medical treatment, the practitioner shall consult promptly with a physician.

Notes

30 Miss. Code. R. 2625-1.1

Miss. Code Ann. § 73-71-13 (1972, as amended).

Amended 4/16/2017 Amended 8/25/2017 Amended 6/2/2025

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The following rules pertain to acupuncture practitioners performing the technique of acupuncture. Except as otherwise provided below, the practitioner may perform acupuncture on a patient only if the patient was evaluated by a physician, as appropriate, for the condition being treated within six (6) months before the date that acupuncture is performed. The Board with advice from the Mississippi Council of Advisors in Acupuncture, may by rule modify the scope of the evaluation under this paragraph or the period during which treatment must begin under this paragraph.

The practitioner must obtain a written statement signed by the patient on a form prescribed by the Board stating that the patient has been evaluated by a physician within the prescribed time. The form must contain a clear statement that the patient should be evaluated by a physician for the condition being treated by the practitioner.

A practitioner may, without an evaluation from a physician, perform acupuncture on a patient for:

A. smoking addiction;

B. weight loss; or

C. substance abuse, to the extent permitted by the Board, with advice from the Mississippi Council of Advisors in Acupuncture.

While treating a patient, the practitioner shall not make a medical diagnosis, but may provide pattern differentiation according to Traditional Chinese Medicine. If a patient's condition is not improving or a patient requires emergency medical treatment, the practitioner shall consult promptly with a physician.

Acupuncture may be performed in the state of Mississippi by a physician licensed to practice medicine and adequately trained in the art and science of acupuncture. Adequately trained will be defined as a minimum of 200 hours of AMA or AOA approved Category I CME in the field of acupuncture. Such licensed individuals wishing to utilize acupuncture in their practice may do so provided that any and all portions of the acupuncture treatment are performed by the person so licensed and no surrogate is authorized in this state to serve in his or her stead. The practice of acupuncture by a physician should follow the same quality of standard that the physician, or any other physician in his or her community, would render in delivering any other medical treatment. The applicable standard of care shall include all elements of a doctor-patient relationship. The elements of this valid relationship are:

A. verify that the person requesting the medical treatment is in fact who they claim to be;

B. conduct an appropriate examination of the patient that meets the applicable standard of care and is sufficient to justify the differential diagnosis and proposed therapies;

C. establish a differential diagnosis through the use of accepted medical practices, i.e., a patient history, mental status exam, physical exam and appropriate diagnostic and laboratory testing;

D. discuss with the patient the diagnosis, risks and benefits of various treatment options and obtain informed consent;

E. insure the availability of appropriate follow-up care including use of traditional medicine; and

F. maintain a complete medical record.

The Board of Medical Licensure must have on file copies of required CME prior to any Mississippi licensed physician being approved to provide treatment by acupuncture. Licensees approved by the Mississippi State Board of Medical Licensure to practice acupuncture prior to January 2011 shall not be required to meet the aforementioned CME requirements.

Notes

30 Miss. Code. R. 2625-1.1

Miss. Code Ann. § 73-71-13 (1972, as amended).

Amended 4/16/2017 Amended 8/25/2017