Part 2 INFORMATION FOR APPLICANTS
Section 2.1 DEFINITIONS
Terms defined in the Acupuncturists Act have the same meaning
when used in these rules. In addition, when used in these rules:
A. SUPERVISED CLINICAL PRACTICE, by an
applicant, means acupuncture practice under the supervision of a licensed
acupuncturist who is a qualified preceptor and who is present in the clinic at
all times in which supervisees are engaged in the practice of acupuncture. No
more than eight students may be supervised at one time. A minimum of 250
student-performed treatments must be included in the 800 hours of supervised
clinical practice.
B. ACCREDITED
EDUCATIONAL INSTITUTION means a school which has been approved by the National
Accreditation Commission for Schools and Colleges of Acupuncture and Oriental
Medicine or its successor organization.
C. PRECEPTOR means a licensed acupuncturist,
licensed in the State of Vermont, or a person licensed in another state or
country with standards substantially equivalent to Vermont standards.
"Preceptor" does not include a spouse or family member, or an employer, partner
or shareholder in the same enterprise.
D. EDUCATION AND SUPERVISED PRACTICE
REQUIREMENTS FOR PRECEPTORS PRIOR TO JANUARY 1, 1996 means the preceptor must
furnish satisfactory proof that his or her training is equivalent to
qualifications for Vermont licensure. For supervision provided prior to January
1, 1996, by an acupuncturist, no license is required at the time of supervision
if the supervising acupuncturist had met the education and supervised practice
requirements of these rules and subsequently passed the examination and was
granted licensure.
E. SUPERVISION
REPORT means a report submitted by a supervisor containing sufficient detail to
evaluate an applicant's supervised practice, including:
1. Applicant's name;
2. Supervisor's name, signature, address,
certification or license number, state where granted, date granted, and area of
specialization;
3. Name and nature
of the practice setting, and a description of the client population
served;
4. Specific dates of
practice covered in the report;
5.
Number of practice hours during this period (to include all duties);
6. Applicant's specific duties;
7. Number of one-to-one supervisory hours and
student-performed treatments;
8.
Detailed assessment of the applicant's performance;
9. Skills supervised;
10. Ethical practices reviewed; and
11. Verification of certification or
licensure of the supervisor if the supervisor is certified or licensed in
another state. The verification must be provided directly to the Director of
Professional Regulation from the other state.
Section 2.2 APPLICATION FOR LICENSURE
An applicant for licensure must:
A. submit a completed application form with
all supporting documentation; and
B. pay the required fee.
Examination applicants must submit the application and the fee
by the deadline date in order to be allowed to sit for the examination,
although the additional required documentation may be submitted after that
date. The Office reviews applications only after the supporting documentation
is received, including evidence of a certificate or diploma, supervised
practice and examination results, as required in Rule 2. 3, or evidence of a
license in another jurisdiction and its licensing standards, as required in
Rule 2.4. Application forms may be downloaded from the Acupuncturists Web site
at http:www.vtprofessionals.org.
Section 2.3 QUALIFICATIONS FOR LICENSURE AS
AN ACUPUNCTURIST
As set forth in the Acupuncturists Act, the basic
qualifications for licensure are (1) completing a program in acupuncture and
Oriental medicine, or (2) completing a training program, and (3) passing the
examination.
A. Program in
Acupuncture: Certificate or diploma from a school or college of acupuncture or
oriental medicine accredited by the National Accreditation Commission for
Schools and Colleges of Acupuncture and Oriental Medicine or as approved by the
Director. That education must:
1. be able to
document at least a three-year comprehensive curriculum providing a minimum of
1725 hours of entry-level acupuncture education. The program must include a
minimum of 800 hours of supervised clinical practice in which there must be a
minimum of 250 student-performed treatments. The program must also include 700
hours of oriental medical theory and 225 hours of biomedical sciences
and
2. consist of no less than 27
months of attendance in classroom and clinic. The diploma must be awarded only
after attendance in classroom and clinic. Correspondence programs do not
qualify. A year of school is defined as 450 clock-hours in nine months. This
may be extended over a period of more than one calendar year. Points will then
be given for study equivalent to one year of school. Formal schooling must be
documented through the Verification of Education form provided by the Office.
or
B. Training Program: Completion of a training
program which must include earning a minimum of 40 points in any one of the
following categories or combination of categories.
1. apprenticeship -- 10 points for each 1,000
documented contact hours, up to a maximum of 13.5 points per year.
a. An applicant must have completed an
apprenticeship of at least 4,000 contact hours with a minimum of 250
student-performed treatments and complete the program in no less than three
years and no more than six years.
b. Apprenticeship is defined as on-going work
with a tutor or preceptor who assumes responsibility for the theoretical and
practical education and training of the apprentice. "Contact hours" is the time
the apprentice spends under the direct supervision of the preceptor. Off-site
supervision is not included.
c.
During the apprenticeship, the preceptor's practice must have included a
minimum of 500 acupuncture patient visits with no less than 100 different
patients per year during the program. Patient visits must be in general health
care practice. Specialized limited practice such as smoking withdrawal,
alcoholism, etc., may be included in the practice, but must be in addition to
the basic 500 visits of general practice per year. After the first year, the
apprentice must have been given increasing responsibilities in patient contact
up to and including the final stage of complete diagnosis and treatment under
the preceptor's supervision. This increasing responsibility must be documented
through the Verification of Training form provided by the Office.
2. completed academic work -- five
points for each half-semester (minimum of 250 hours) completed with at least a
C or passing grade in the field of acupuncture or oriental medicine, up to a
maximum of four periods or 20 points.
a. Ten
(10) points may be earned for each full year (450 hours) of
schooling.
b. An official
transcript is required, showing academic and clinical work completed, the
number of class hours for every class taken in the entire program, and the
number of months in the program.
3. self-directed study -- 10 points for study
equivalent to one year of full-time academic work in acupuncture and oriental
medicine, for a maximum of two years or 20 points. Self-directed study is
limited to certified correspondence courses that are approved by the Director
and that grant certificates of completion.
C. Examination: Successful completion of the
"Acupuncture Portion" (ACP) of the Comprehensive Written Examination (CWE) in
Acupuncture administered by the National Certification Commission for
Acupuncture and Oriental Medicine (NCCAOM) or its successor organization, or a
substantially equivalent examination approved by the Director, and the "Clean
Needle Technique" (CNT) course offered by the Council of Colleges of
Acupuncture and Oriental Medicine (CCAOM) or its successor
organization.
Section
2.4 LICENSURE WITHOUT EXAMINATION
A. To qualify to be licensed as an
acupuncturist based on credentials, an applicant must be licensed or certified
in good standing in another jurisdiction in which the standards and
qualifications required for regulation in that jurisdiction are at least equal
to those required by this chapter.
B. An applicant must also complete the
application and send it to the Office with the correct fee.
Section 2.5 FOREIGN-TRAINED
APPLICANTS
An applicant must have completed an acupuncture and oriental
medicine educational program equivalent to the standards of accredited
educational institutions, as defined in Rule 2.1(B). The Director may use a
credentials evaluation service to establish academic standing. Applicants
should contact the Office of Professional Regulation for a current list of
acceptable services. Applicants are responsible for the costs of this
evaluation. Upon approval, an applicant may then be eligible for licensure
under Rules
2.3 or 2.4.
Section 2.6 RIGHT TO A WRITTEN DECISION AND
APPEAL
If the Director denies an applicant licensure, the Director
will give specific reasons in writing and inform the applicant of the right to
appeal this decision to an administrative law officer. After giving the
applicant an opportunity to present the application and any additional
information. the administrative law officer will affirm, reverse, or modify the
Director's preliminary decision. Decisions of the administrative law officer
may be appealed to the Washington Superior Court.
Part 3 INFORMATION FOR LICENSED
ACUPUNCTURISTS
Section 3.1 RENEWING LICENSURE
BIENNIALLY
Licenses renew on a fixed biennial schedule: January 31 of the
even-numbered years. Initial licenses issued within 90 days of the renewal date
will not be required to renew and pay the renewal fee. The license will be
issued through the next full license period. Applicants issued an initial
license more than 90 days prior to the renewal expiration date will be required
to renew and pay the renewal fee. Before the expiration date, the Office will
mail a renewal application and notice of the renewal fee. Licensure will expire
automatically if the renewal application and fee are not returned to the Office
by the expiration date.
Section
3.2 CONTINUING EDUCATIONAL REQUIREMENTS
A. "Continuing education" means the direct
participation of a licensed acupuncturist as a learner in a structured
educational program directly related to competency in acupuncture and oriental
medicine or protection of clients from harm, or both.
B. Every licensed acupuncturist must complete
30 continuing education credits in the two years immediately preceding the
renewal period in order to renew licensure. The continuing education
requirement does not apply for the renewal period during which a person
initially obtained licensure. It will begin with the first full two-year
renewal period.
C. The Office will
provide a form upon which all credits must be recorded. The name and date of
the activity, the number of credits requested, and the names of the instructors
and sponsor must be clearly indicated on the form. The form must be submitted
with the biennial licensure renewal forms. The Director or the Director's
designee may randomly audit licensees to ensure compliance.
D. Credits will be granted only for actual
time spent as a learner. Breaks and lunches must be deducted.
E. Licensees must maintain records showing
attendance and participation in the continuing education activities claimed,
such as pamphlets, certificates of attendance received during the instruction,
registration receipts, program announcements, facilitators, or brief summaries
of work content. These records are subject to inspection and verification by
the Office upon request during reasonable business hours. A licensee who is
audited will be notified in writing by the Director or the Director's designee
and will be required to produce written documentation verifying successful
completion of the 30 hours of continuing education during the two-year period
at issue.
F. Continuing education
credits are calculated in the following manner:
1. Research and Writing for Publication - one
credit for each two hours of documented research. Acceptable research projects
include those that relate to the knowledge and/or practice of acupuncture and
oriental medicine. No more than 10 credits in this category may be applied
toward the continuing education requirement in a single renewal period. Ten
credits for each acupuncture and oriental medicine-related article; 15 credits
for an acupuncture and oriental medicine-related book or major work. Credit for
publication includes any book, or article, study, report, etc., published in a
generally recognized journal which relates to the knowledge or practice of
acupuncture and oriental medicine. No more than 10 credits in this category may
be applied toward the continuing education requirement in a single renewal
period except that 15 credits may be applied toward an acupuncture and oriental
medicine related book or major work that is published.
2. Teaching - One credit for each clock hour
of instruction. Teaching means the on- going responsibility for the theoretical
and/or practical education of acupuncturists. No more than 10 credits in this
category may be applied toward the continuing education requirement in a single
renewal period. Credit for teaching a course will be granted for a first-time
instructor teaching a course. This does not apply to a preceptor.
3. Continuing Education - One credit for each
clock hour of continuing education. Continuing education includes programs or
courses which directly enhance an acupuncturist's knowledge and/or practice of
acupuncture and oriental medicine. A minimum of 15 credits must be earned in
this category for each renewal period.
4. Distance Learning Programs - Distance
learning programs may be eligible for continuing education credits. Such
programs are subject to review by the Director. Requirements for eligibility
include:
A. Course is accepted for NCCAOM
continuing education hours, or
B.
Course meets the following criteria:
1.
Certified instructors.
2. Written
course outline and goals for completion submitted for approval before
completion of the coursework.
3.
Course includes material that is corrected or reviewed by the
instructor.
4. Course format
contains audio or videotapes or other media presented by instructor that follow
the outline of the course.
5.
Course credit hours apply based on the actual number of hours of mediabased
instruction presented by instructor.
6. Student keeps records of all coursework
and related instructional material.
G. Continuing education courses must be
comparable to those that are offered during acupuncture and oriental medicine
training by acupuncture and oriental medicine schools and colleges or relevant
to the practice of acupuncture and oriental medicine, as determined by the
Director.
H. Points will be granted
for courses ranging from Oriental medical theory and techniques such as
massage, nutrition, and herbology to western sciences such as anatomy,
physiology, pathology, biochemistry, microbiology, psychology, nutrition,
medical terminology and medical ethics.
Section 3.3 CONTINUING EDUCATION PROGRAM
APPROVAL
A. An educational activity shall be
eligible for approval as satisfying the continuing education requirements of
these rules if it has significant intellectual and practical content directed
at increasing the professional competence of acupuncturists, and the activity
consists of classroom style instruction, clinical and hands-on style of
instruction, or educational seminars with substantial written material
available, whether conducted by speakers, lecturers, or panel members, in an
approved classroom setting. Seminars, classes, and other learning experiences
must be planned around a well-documented lesson plan to qualify for continuing
education credit.
B. The activity
may be approved by the Office upon filing an application form. The name of the
activity, the number of credits requested and the names of the instructors and
sponsors must be clearly indicated on the form. An application may be filed by
the sponsoring agency or group or by any participant. An application for
advance approval must be filed 90 days before the educational activity has
commenced. All applications for approval must be filed within 30 days after the
activity is completed.
C. The
Office shall assign a maximum number of credit hours to each approved
activity.
D. The Office may refuse
to approve any activity which it finds is not eligible for accreditation
pursuant to paragraphs (A) or (B) of this section or which it finds is
sponsored by a group or individual lacking the ability or intention to produce
a continuing educational activity of sufficiently high quality to improve or
maintain an acupuncturist's professional competence, or which it finds is not
offered in a sufficiently organized fashion or under otherwise adequate
circumstances to fulfill the objectives of these rules.
E. When the Office has approved an activity,
the sponsor may so state and may include the number of credits for which the
activity has been approved.
Section
3.4 FAILURE TO MEET CONTINUING EDUCATION REQUIREMENT
A licensee who fails to comply with the continuing education
requirement may be required to develop and complete a specific corrective
action plan of remedial coursework within 90 days, prior to license renewal.
The Office will extend the license during the 90-day corrective period but will
not renew it if the licensee fails to complete the plan and associated
coursework.
Section 3.5
REINSTATING LICENSURE
If a license has expired because it was not renewed on time,
the license may be renewed if the applicant meets the renewal requirements and
pays the renewal fee for the current renewal period and a late fee.
If a license has lapsed for more than three years, the
applicant must apply for reinstatement on forms provided by the Office and
demonstrate, to the satisfaction of the Director, that he or she is
professionally qualified for (censure.
Section 3.6 CHANGE OF NAME OR ADDRESS
A licensed acupuncturist is responsible for notifying the
Office immediately if he or she changes name, mailing address or business
address. Acceptable documentation of change of name includes a notarized copy
of a marriage certificate, instrument of change of name from a probate court,
or other court order. Acceptable documentation of change of name also includes
a notarized copy of current identification, such as a driver's license or
Social Security card, in both the former and present names. The Director may
require additional documentation at his or her discretion.
Section 3.7 COMPLAINT PROCEDURE
The Director has a procedure for receiving, investigating and
acting on complaints of unprofessional conduct. Copies of the procedure are
available from the Office.
Section
3.8 DISCLOSURE STATEMENTS FOR LICENSED ACUPUNCTURISTS
Each licensed acupuncturist shall disclose to each client
before the first treatment the following information, printed or typed in
easily readable format:
A. The
licensed acupuncturist's professional qualifications and experience, including
(1) all relevant formal education programs attended and all degrees and
certificates earned, including the full legal name of the granting institution,
(2) all relevant training programs completed and all credentials awarded,
including the full legal name of the granting institution, and (3) a brief
description of any special qualifications and areas of practice.
B. A copy of the statutory definition of
unprofessional conduct (
26 V.S.A. §
3410) .
C. Information on the process for filing a
complaint with, or making a consumer inquiry to, the Director. Sample
information cards are available from the Office.
Disclosure means, at a minimum, (1) posting the information and
informing the client where the information is posted, or (2) having the
information printed, displaying the printed information in an easily accessible
location, and informing the client where the information is displayed, or (3)
having the information printed and directly handing a copy of the information
to the client.
Not later than the third office visit, the licensed
acupuncturist shall present to the client for signature a document stating that
the information required to be disclosed in paragraphs A, B, and C above has
been disclosed to the client. The acupuncturist shall also sign the document
and shall retain the signed original. If, by the third visit, disclosure cannot
be made or the client declines to sign, the acupuncturist shall prepare and
sign a written statement explaining the omission, which shall be retained in
place of the signed copy.
When the client is not able to understand the disclosure, as in
the case of an institutionalized person, a minor, or an adult who is under the
supervision of a guardian, the disclosure shall be made to a suitable patient
or guardian.
The Director may audit a licensed acupuncturist's records of
information disclosure. Individuals to be audited may be selected at
random.
Administrative Rules for Certification and Supervision of
Acupuncture Detoxification Technicians.
These Rules implement Chapter 75 of Title 26 which authorizes
the Office of Professional Regulation to adopt rules and regulations and
perform all acts necessary in carrying out the provisions of that chapter.
26 V.S.A. §
3403(b). Legislative
amendments to Chapter 75 in 2002 permit an exception from the licensing
requirement for practicing acupuncture. The exception permits special
certification for Acupuncture Detoxification Technicians (ADT's). The statute,
26
V.S.A §
3412, confers upon those so
certified the privilege of practicing Auricular Detoxification Therapy. These
rules establish the standards for certification of persons to practice
auricular (ear) detoxification therapy and for the enforcement of such
standards through disciplinary action.
26
V.S.A. §
3412 sets the standards
approved by the National Acupuncture Detoxification Association as the minimum
qualifications for the practice of acupuncture detoxification therapy.
Certification of acupuncture detoxification technicians is
recognition that acupuncture detoxification, based in oriental medicine, can
lead to significant benefits in recovery from all forms of drug addictions as
well as alcoholism.
The Rules and Relating to the Profession of Acupuncture are
amended to Add Part 4, Certification of Acupuncture Detoxification
Technicians.
Part
4 Certification of Acupuncture Detoxification Technicians
Section 4.1 DISCLOSURE STATEMENTS FOR
LICENSED ACUPUNCTURISTS
The titles "Acupuncture Detoxification Technician" ("ADT") and
"Certified Acupuncture Detoxification Technician" (CADT") may only be used by
persons certified pursuant to the Act and these rules who practice auricular
(ear) detoxification therapy. Certification as an ADT does not entitle a person
to use the title "Acupuncturist" or "Licensed Acupuncturist."
Section 4.2 DISCLOSURE STATEMENTS FOR
LICENSED ACUPUNCTURISTS
As used in these rules "Auricular Acupuncture" means the
insertion of disposable single use acupuncture needles at a specified
combination of points, on the surface of the outer ear, according to the
protocol of the National Acupuncture Detoxification Association, for the
purpose of facilitating the detoxification treatment and rehabilitation of
substance abusers.
Section
4.3 DISCLOSURE STATEMENTS FOR LICENSED ACUPUNCTURISTS
An acupuncture detoxification technician shall insert
disposable single use acupuncture needles in the auricle of the ear only. Under
no condition is any needle to be used more than one time. These rules prohibit
the use of reusable needles which have been re-sterilized. The points where a
technician shall insert needles are limited specifically to the points known as
Shen Men, Lung, Liver, Kidney, and Sympathetic as described and located by the
National Acupuncture Detoxification Association (NADA) or other national entity
approved by the Director of the Office of Professional Regulation
("Director").
Section 4.4
DISCLOSURE STATEMENTS FOR LICENSED ACUPUNCTURISTS
A certified acupuncture detoxification technician (ADT)shall
provide auricular detoxification acupuncture services only in state, federal or
Director approved sites. For purposes of these rules, a state or federal
"approved site" is an alcoholism, drug or chemical dependency treatment program
which receives federal or state funds. Acupuncture detoxification technicians
may practice acupuncture detoxification therapy only under the supervision of
an acupuncturist licensed under this chapter and certified by the National
Acupuncture Detoxification Association.
Section 4.5 DISCLOSURE STATEMENTS FOR
LICENSED ACUPUNCTURISTS
Practitioners certified as ADT's shall keep records of patient
care which at a minimum shall include the dates of treatment, the purpose for
the treatment, the name of the patient, the points used, and the name,
signature, and title of the certificate-holder.
Section 4.6 DISCLOSURE STATEMENTS FOR
LICENSED ACUPUNCTURISTS
An alcoholism, substance abuse, or chemical dependency program
which receives federal or state funds, or is approved by the Vermont Department
of Health for treatment of alcoholism, substance abuse, or chemical dependency,
or which works in collaboration with any of the aforementioned programs will be
acceptable to the Director as a site where acupuncture detoxification may be
performed.
Section 4.7
Supervision
(a) No Acupuncture Detoxification
Technician shall practice acupuncture detoxification therapy except under the
supervision of an acupuncturist who is:
(1)
licensed and in good standing under Chapter 75 of Title 26 and;
(2) certified by the National Acupuncture
Detoxification Association.
(b) Supervision. The Director may approve a
Vermont licensed acupuncturist to supervise a certified ADT if the
acupuncturist:
(1) Has been a licensed
acupuncturist for at least 2 years;
(2) Is certified by the National Acupuncture
Detoxification Association;
(3)
Submits to the Director a completed supervision agreement on a form provided by
the Director.
Section
4.8 Supervision of Acupuncture Detoxification Technicians
(a) A licensed acupuncturist supervising an
ADT shall be available in person, by phone, or electronically during normal
working hours, and shall meet onsite with certificate holders as appropriate to
assess compliance with these laws and rules.
(b) The licensed acupuncturist must exercise
professional judgment when determining the number of technicians he or she can
safely and effectively supervise to ensure that quality care is provided at all
times.
(c) The licensed supervising
acupuncturist is responsible for the professional conduct of a technician
functioning in the acupuncture setting and performing procedures as permitted
by these rules.
Section
4.9 Limitations
Duties or functions that an acupuncture detoxification
technician may not perform include, but are not limited to:
(A) Interpretation of referrals or
prescriptions for acupuncture services;
(B) Evaluative procedures;
(C) Development, planning, adjusting or
modification of acupuncture treatment procedures;
(D) Acting on behalf of the acupuncturist in
any matter related to direct patient care that requires judgment or decision
making; and
(E) Any acupuncture
service performed independently for any purpose, or detoxification therapy for
the treatment of alcoholism, substance abuse or chemical dependence performed
with no supervision from a licensed acupuncturist.
Section 4.10 Application for Acupuncture
Detoxification Technician Certificate
(a) To
qualify as an acupuncture detoxification technician, an applicant shall work
in, or in collaboration with, a comprehensive addiction treatment program, and
have successfully completed the NADA acupuncture protocol or one which meets or
exceeds NADA standards of training.
(b) To be certified as an acupuncture
detoxification technician to provide auricular acupuncture detoxification
therapy in alcoholism, substance abuse, or chemical dependency programs, an
applicant shall submit an application packet to the Director which shall
include:
(1) An application, on a form
provided by the Director;
(2) A
Supervision Agreement on a form provided by the director containing the name,
address, telephone number and Vermont license number of the licensed
acupuncturist in good standing who will supervise the applicant, signed by the
supervising Acupuncturist indicating acceptance of the terms of supervision
according to these rules and acupuncture statutes,
(3) The appropriate application fees
prescribed by subsection
125(b) of
Title 3; (4) Documentation of successful completion of a Director-approved
training program in auricular acupuncture for the treatment of alcoholism,
substance abuse, or chemical dependency which meets or exceeds standards of
training established by the National Acupuncture Detoxification
Association.
Section
4.11 Denial of Certification
If the Director denies an application for acupuncture
detoxification certification, the Director will give specific reasons in
writing and inform the applicant of the right to appeal this decision to an
Administrative Law Officer. After giving the applicant an opportunity to
present the application and any additional information, the Administrative Law
Officer will affirm, reverse, or modify the Director's preliminary decision.
Decisions of the Administrative Law Officer may be appealed to the Washington
Superior Court.
Section 4.12
Certificate
(a) The certificate shall be
posted in a conspicuous place accessible to the public.
(b) The certificate holder shall notify the
Office prior to any change in the facility name or change in the ADT's name,
address or telephone number.
(c)
The certificate holder shall notify the Office in writing of any proposed
change of site at least 30 days prior to the effective date of such proposed
change.
(d) Every person who holds
an ADT certificate shall inform the Office of any change of address or any
other change of information, including but not limited to a change of
employment, required for certification pursuant to the Act and these
Rules.
(e) No person certified
under these rules shall practice acupuncture detoxification therapy until the
Director has approved the ADT's supervisor and program.
Section 4.13 Disclosure of Information Before
Treatment
(a) An Individual practicing as an
ADT under the provisions of this chapter shall ensure that any patient
receiving such treatment is notified in writing of
(1) the qualifications of the individual
providing the acu-detox treatment, and
(2) the process for filing complaints with
the Office of Professional Regulation.
(b) The ADT shall ensure that a copy of the
notification is retained in the patient's record.
(c) Any person who undergoes auricular (ear)
detoxification must indicate in writing prior to such a procedure that he or
she has been advised of the following:
(1)
that the acupuncture detoxification technician is not licensed to practice
medicine in the State of Vermont;
(2) that the acupuncture detoxification
technician is not licensed to practice acupuncture in the State of
Vermont;
(3) that the acupuncture
detoxification technician is not making a diagnosis of the person's disease or
medical condition; and
(d) An acupuncture detoxification technician
is strictly limited to five ear points treatment for detoxification for
substance abuse, chemical dependency, or both.
(e) Persons licensed to practice acupuncture
or auricular (ear) detoxification must use a Director approved, standardized
"disclosure of information" form for each person treated. The form shall be
signed and dated by both practitioner and patient prior to the rendering of
services.
Section 4.14
Unauthorized Practice of Acupuncture and Auricular Detoxification Therapy
Prohibited Exemptions
(a) No person shall:
(1) Practice acupuncture in Vermont without a
license or practice auricular detoxification therapy without a certificate
issued under Chapter 75 of Title 26; or
(2) Represent himself or herself to be an
Acupuncture Detoxification Technician if he or she is not certified under the
Act.
(b) The following
persons are exempt from licensure to practice acupuncture or auricular
detoxification therapy in Vermont:
(1) Persons
who are licensed or certified to perform acupuncture in any other jurisdiction
where such persons are doing so in Vermont in the course of regular instruction
in a Director-approved educational program of acupuncture or in an educational
seminar of a Director-approved professional organization of acupuncture;
provided that in the latter case, the practice is supervised directly by a
person licensed to practice acupuncture pursuant to the Act;
Section 4.15 Disposal
of Biohazard Material and Clean Needle Inventory Records and Used Needle
Inventory Records
(a) Disposable single use
acupuncture needles are to be used in all acupuncture detoxification therapy.
Disposable single use acupuncture needles are considered biohazard waste
materials and must be disposed of in accordance with all applicable federal and
state laws, rules and regulations. To further ensure the public health and
safety of the citizens of Vermont, persons certified under these rules must
keep accurate medical and office records that reflect the following detailed
information:
(1) Documented disposal of all
needles and method of disposal.
(b) Acupuncture detoxification technicians
shall ensure that disposable single use needles are stored safely and disposed
of in compliance with state and federal laws.
Section 4.16 Renewal of Certification
Biennially
Certificate holders renew on a fixed biennial schedule: January
31 of the even-numbered years. Initial certificates issued within 90 days of
the renewal date will not be required to renew and pay the renewal fee. The
certificate will be issued through the next full license period. Applicants
issued an initial certificate more than 90 days prior to the renewal expiration
date will be required to renew and pay the renewal fee. Before the expiration
date, the Office will mail a renewal application and notice of the renewal fee.
Certification will expire automatically if the renewal application and fee are
not returned to the Office by the expiration date.
Section 4.17 Unprofessional Conduct and
Complaints
(a) No person certified under this
section shall engage in unprofessional conduct as defined in 26 V.S.A.' 3410
and
3 V.S.A. §
129a, or as defined elsewhere in Vermont
Statutes which may apply to him or her, through another professional license,
certification or registration.
(b)
The Office of Professional Regulation will investigate any complaint filed
against an ADT or the supervising licensed acupuncturist.
Section 4.18 Other Resources and Suggestions
In addition to familiarity with Exposure Control Procedures
which are part of ADT training, practitioners should to refer to the Centers
for Disease Control's "Exposure to Blood: What Every Health Care worker needs
to know" found at http://www.cdc.gov/ncidod/hip/Blood/Exp_to_Blood.pdf [File
Link Not Available] for the most up to date information on exposure procedures.
Note: If information differs from information contained in the NADA protocol,
follow these guidelines.
Suggestion from the Department of Health: Gloves shall be worn
when it can be reasonably anticipated that the employee may have hand contact
with blood, other potentially infectious materials, mucous membranes, and
non-intact skin.
26 V.S.A. §
3403(b)
