TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 328-G
ACUPUNCTURE

Section 328-G:1

    328-G:1 Findings and Purpose. –
I. The general court finds that a significant number of New Hampshire residents choose acupuncture and Asian medicine to be part of their health care needs and declares that acupuncture and Asian medicine form a distinct health care profession that affects the public health, safety, and welfare and provides freedom of choice in health care.
II. The purpose of this chapter is:
(a) To provide standards for the licensing and regulation of acupuncturists in order to protect the public health, safety, and welfare.
(b) To ensure that acupuncture and Asian medical therapies practiced by qualified persons are available to the people of New Hampshire.
(c) To provide a means of identifying qualified acupuncturists.

Source. 1997, 251:1, eff. July 1, 1997. 2022, 213:7, eff. July 19, 2022 at 12:01 a.m.

Section 328-G:2

    328-G:2 Definitions. –
In this chapter:
I. "Acupuncture" means primarily the insertion of needles through the skin at certain points on the body, with or without the application of electric current and/or heat, for the purpose of promoting health and balance as defined by the principles of Asian medicine.
II. "Acupuncturist" means a person licensed to practice acupuncture as defined in this chapter, and whose license is in good standing.
III. "Board" means the board of acupuncture licensing established under RSA 328-G:3.
IV. "Cupping" means a therapeutic method of Asian medicine that utilizes a partial vacuum created in a glass dome or cup that is then applied to a particular area of the body.
V. "Moxibustion" means the thermal stimulation of acupuncture points or specific body areas by utilizing the burning of the dried form of the herb, Artemisia Vulgaris; the heat may be applied on or above specific points or areas or on the acupuncture needle itself.
VI. "ACAHM" means the Accreditation Commission for Acupuncture and Herbal Medicine, including its predecessors and successors.
VII. "NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine, including its predecessors and successors.
VIII. "Asian medicine" means the distinct system of health care that diagnoses and treats illness, injury, pain, or other conditions by controlling and regulating the flow and balance of energy to restore and maintain health.
IX. "Acupuncture detoxification," also known as acu-detox, means the treatment by means of the insertion of acupuncture needles in a combination of points on the ear.
X. "Acupuncture detoxification specialist," known as an ADS, means an individual certified by the board to practice acupuncture detoxification in this state.
XI. "NADA" means the National Acupuncture Detoxification Association, including its predecessors and successors.
XII. "NADA training" means the standardized auricular acupuncture protocol developed by NADA that is in effect on July 1, 2017.

Source. 1997, 251:1. 2000, 181:1, eff. July 25, 2000. 2017, 246:1, eff. July 1, 2017. 2022, 213:7, eff. July 19, 2022 at 12:01 a.m.

Section 328-G:3

    328-G:3 Board Established. –
I. There shall be a board of acupuncture licensing consisting of the following members:
(a) Four acupuncturists, appointed by the governor with the advice and consent of the council, who shall:
(1) Hold a current, valid license to practice acupuncture under this chapter.
(2) Have been residents of this state for at least one year immediately preceding such appointment.
(b) One public member, appointed by the governor with the advice and consent of the council, who shall:
(1) Be of legal age of majority.
(2) Be a resident of this state for 3 years immediately preceding such appointment.
(3) Not be, nor ever have been, a member of the acupuncture profession nor have or have had a material, financial interest in either the provision of acupuncture services or an activity directly related to acupuncture, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
II. The initial board members shall be appointed within 6 months of July 1, 1997. The initial chairperson shall be elected from among the board members no later than the second meeting of the board.
III. The terms of office shall be 3 years for all board members. No member shall serve more than 2 consecutive full terms. Members shall serve until the expiration of the term for which they have been appointed, or until their successors have been appointed and qualified, whichever is later. The initial board appointees shall consist of one acupuncturist for a term of 3 years, one acupuncturist for a term of 2 years, 2 acupuncturists for a term of one year each, and one public member for a term of 3 years. A member may be removed from office by the governor and council for malfeasance, misfeasance, or dishonorable conduct.
IV. There shall be no monetary liability on the part of, and no cause of action shall arise against, the members of the board, or personnel of the board, for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.

Source. 1997, 251:1. 1998, 145:1-4. 2000, 181:2, eff. July 25, 2000. 2022, 65:2, 3, eff. July 19, 2022; 213:2, 3, eff. July 19, 2022 at 12:01 a.m.

Section 328-G:4

    328-G:4 Repealed by 2015, 276:108, XXVI, eff. July 1, 2015. –

Section 328-G:5

    328-G:5 Repealed by 2021, 197:6, I, eff. July 1, 2021. –

Section 328-G:6

    328-G:6 Organization and Meetings. – The board shall hold regular meetings at least semi-annually and shall give notice to its members of the time and place for holding all regular and special meetings. A quorum of the board shall consist of a majority of the members of the board who have been approved by the governor and council. The board shall biennially elect a chairperson, a vice-chairperson, and a secretary from among its members.

Source. 1997, 251:1, eff. July 1, 1997. 2021, 197:2, eff. July 1, 2021.

Section 328-G:7

    328-G:7 Rulemaking Authority. –
The board shall adopt rules, under RSA 541-A, relative to:
I. Eligibility requirements for an acupuncture license.
II. Scope of practice.
III. Eligibility requirements for license renewal, including continuing education requirements, testing, peer review, and methods to ensure compliance with such requirements.
IV. [Repealed.]
V. Establishing and enforcing ethical and professional standards to be met by each licensee including, as necessary, requirements for proficiency in specialty practice.
VI. Maintaining a register of approved acupuncture schools.
VII. [Repealed.]
VIII. The definition of acupuncture consistent with RSA 328-G:2, I.
IX. Methods for ensuring appropriate display of licenses, including, but not limited to, signs and other forms of advertising.
X. A student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the board.
XI. Temporary licensure of a visiting acupuncture teacher.
XII. Establishing a schedule of administrative fines.
XIII. Requirements relative to student observers and office assistants.
XIV. (a) Eligibility requirements for certification as an acupuncture detoxification specialist.
(b) Renewal, revocation, or suspension of certification of an acupuncture detoxification specialist.

Source. 1997, 251:1. 2000, 181:3. 2012, 171:19. 2014, 167:1, eff. July 1, 2014. 2017, 246:2, eff. July 1, 2017. 2021, 197:3, 4, 6, II, eff. July 1, 2021. 2023, 212:6, I, eff. Oct. 3, 2023.

Section 328-G:8

    328-G:8 Disposition of Receipts. – All moneys received by the board under this chapter shall be deposited with the state treasurer through the office of professional licensure and certification.

Source. 1997, 251:1. 2000, 181:4. 2015, 276:99, eff. July 1, 2015.

Section 328-G:9

    328-G:9 Licensure Required; Renewal; Reissuance; Continuing Education. –
I. No person shall practice acupuncture within this state without first obtaining a license from the board except physicians licensed under RSA 329 and doctors of naturopathic medicine certified under RSA 328-E:12.
II. The board shall issue a license to any applicant who satisfies all of the following requirements:
(a) Has reached the age of majority.
(b) Has current, active NCCAOM certification, or prior NCCAOM certification with documentation of continuing education pursuant to paragraph X of this section, or equivalent certification approved by the board through examination or Credentials Documentation Review.
(c) Has paid the required license application fee and filed the board approved licensure application.
(d) Is of good professional character.
(e)(1) Has earned a baccalaureate, registered nurse, or physician's assistant degree from an accredited institution, and has a current, valid license to practice acupuncture from another state whose requirements are substantially equal to or exceed the requirements of RSA 328-G:9, II; or
(2) Has successfully completed a post-secondary acupuncture college program which is approved by the Accreditation Commission for Acupuncture and Herbal Medicine ("ACAHM"), including its successors or predecessors, or the board; or
(3) Has successfully completed an apprenticeship program that, at the time of completion, was in compliance with certification standards set by NCCAOM, including its successors or predecessors. All applicants seeking licensure via apprenticeship route who have not graduated from an accredited acupuncture school must be able to meet all NCCAOM standards for certification or hold a valid license to practice acupuncture from another state whose requirements are substantially similar to or exceed the requirements of RSA 328-G:9, II.
III. Only a person licensed under this chapter or a physician licensed under RSA 329 or a doctor of naturopathic medicine certified under RSA 328-E:12, shall hold out to members of the public that such person is practicing acupuncture, or use a title or description which suggests such, including any of the following:
(a) C.A. or Certified Acupuncturist.
(b) Acupuncturist.
(c) M.D., C.A. or M.D., Certified Acupuncturist.
(d) Any other letters or words denoting that the person practices acupuncture.
IV. Notwithstanding paragraph III, the title, "Licensed Acupuncturist", and its abbreviations, "L.Ac." or "Lic. Ac.", shall be used only by persons licensed under this chapter.
V. (a) Whoever, not being licensed or exempted as provided in this chapter, shall advertise oneself or in any way hold oneself out as qualified to practice acupuncture, or shall practice acupuncture, or whoever does so after receiving notice that one's license has been revoked, and whoever, being licensed as provided in this chapter, shall advertise or call oneself or allow oneself to be advertised or called a physician or a doctor in such a way as to imply that such credential relates to the provision of acupuncture services, or use any physician's or doctor's insignia for such purposes shall be in violation of this chapter.
(b) Notwithstanding subparagraph (a), the only persons licensed under this chapter that shall be allowed to call themselves a doctor shall be those who have earned a doctoral degree in the practice of acupuncture from an accredited educational institution or other program approved by the board pursuant to administrative rules.
VI. Persons licensed pursuant to this chapter who engage in the practice of acupuncture without complying with this chapter shall be subject to refused renewal, limitation, revocation, or suspension of their license.
VII. Nothing in this chapter is intended to limit, interfere with, or prevent any other licensed health care professionals from practicing within the scope of their licenses as defined by each profession's New Hampshire licensing statutes, but they shall not hold themselves out to the public or any private group of business by any title or description of services that includes any of the terms in paragraphs III or IV unless they are licensed under this chapter, RSA 329, or RSA 328-E:12.
VIII. Notwithstanding any other provisions of law to the contrary, those health care professionals licensed under RSA 316-A who are practicing acupuncture as of July 1, 1997 may petition the board for an exemption to the licensure requirements of this chapter. The board shall consider the educational qualifications and the clinical experience of those individuals licensed under RSA 316-A seeking exemption to the licensure requirements of this chapter.
IX. The procedure and timeframe for license renewals shall be as described in RSA 310.
X. As a condition of renewal of license, the board shall require each licensee to show proof of having completed for each biennial period continuing education units at approved institutions or as approved by the board in accordance with rules adopted by the board. Maintaining continuous NCCAOM certification shall fulfill the continuing education requirement.

Source. 1997, 251:1. 2000, 181:5, 6, 7. 2014, 167:2, 3. 2015, 229:15, eff. July 1, 2015. 2021, 3:6, eff. June 22, 2021. 2022, 65:1, 4 and 5, eff. July 19, 2022; 213:1, 4 and 5, eff. July 19, 2022 at 12:01 a.m.; 314:1, eff. July 1, 2022. 2023, 112:13, eff. July 1, 2023; 235:20, eff. July 15, 2023.

Section 328-G:9-a

    328-G:9-a Certified Acupuncture Detoxification Specialist. –
I. The board shall certify as an acupuncture detoxification specialist a qualified individual, not licensed by the board as an acupuncturist, who has successfully completed NADA training or other training in acupuncture detoxification protocols as determined by the board and complied with the rules of the board adopted pursuant to RSA 328-G:7, XIV.
II. (a) A "qualified individual" shall mean a licensed health care professional, recovery coach, peer counselor, or other board approved professional, trained in acu-detox, a standardized auricular acupuncture protocol developed by the NADA, or a training that meets or exceeds the NADA training, as determined by the board, provided she or he is under the general supervision of a licensed acupuncturist, trained in the NADA protocol or equivalent for the purposes of behavioral health applications, including addictions, mental health, and disaster and emotional trauma.
(b) "General supervision" shall be provided by site visit, phone, or other electronic means during business hours with at least 2 site visits per year by a licensed acupuncturist currently licensed in New Hampshire pursuant to RSA 328-G:9. The supervising licensed acupuncturist shall not be required to be on site for direction and supervision, but shall be available at least by telecommunications.
III. Nothing in this chapter is intended to limit, interfere with, or prevent an acupuncture detoxification specialist certified by the board from practicing within the scope of his or her certification.

Source. 2017, 246:3, eff. July 1, 2017. 2022, 65:6, eff. July 19, 2022; 213:6, eff. July 19, 2022 at 12:01 a.m.

Section 328-G:10

    328-G:10 Scope of Practice. –
I. Under this chapter the scope of practice of acupuncture shall include the allied techniques and modalities of Asian medicine, both traditional and modern. The scope of practice shall include: diagnostic procedures; electrical and magnetic stimulation; moxibustion and other forms of heat therapy; cupping and scraping techniques; dietary, nutritional, and herbal therapies; lifestyle counseling; acupressure; and massage.
II. Notwithstanding paragraph I, the scope of practice may be further defined by the board in accordance with RSA 541-A.
III. Nothing in this section is intended to limit, interfere with, or prevent any other health care professionals from practicing within their defined scopes of practice, including professionals licensed under RSA 316-A using limited adjunctive procedures.
IV. Needles used in acupuncture practice shall be sterile, disposable, one-use needles.
V. Persons licensed by the board to practice acupuncture shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.

Source. 1997, 251:1, eff. July 1, 1997. 2020, 27:24, eff. July 21, 2020. 2022, 213:8, eff. July 19, 2022 at 12:01 a.m.

Section 328-G:11

    328-G:11 Powers and Duties of the Board. –
I. The board shall:
(a) Ensure that licensed acupuncturists serving the public meet minimum standards of proficiency and competency to protect the health, safety, and welfare of the public.
(b) Administer and enforce all provisions of this chapter, which pertain to licensees and applicants, and all rules adopted by the board under the authority granted in this chapter.
(c) Maintain an accurate account of all receipts, expenditures, and refunds granted under this chapter through the office of licensure and certification and in accordance with the retention policy established by the office of professional licensure and certification.
(d) Maintain a record of its acts and proceedings, including the issuance, refusal, suspension, or revocation of licenses in accordance with the retention policy established by the office of professional licensure and certification.
(e) Keep all applications for licensure in accordance with the retention policy established by the office of professional licensure and certification.
(f) Maintain a record of the results of all examinations it gives in accordance with the retention policy established by the office of professional licensure and certification.
(g) Keep all examination records including written examination records and tape recordings of the questions and answers in oral examinations in accordance with the retention policy established by the office of professional licensure and certification.
(h) Keep the records of the board open to public inspection at all reasonable times.
(i) Adopt and use a seal, the imprint of which, together with the signatures of the chairperson or vice-chairperson and the secretary-treasurer of the board, shall evidence its official acts.
II. The board may appoint qualified personnel to administer any part or all of any examinations provided for under this chapter.
III. The board shall have the power to subpoena witnesses and administer oaths in any hearing or disciplinary proceedings, and to compel, by subpoena duces tecum, the production of papers and records.
IV. Witnesses summoned before the board shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons shall have the same effect as though issued for appearance before such court.
V. [Repealed.]
VI. [Repealed.]

Source. 1997, 251:1. 2015, 276:100, 108, XXVII, eff. July 1, 2015. 2021, 197:5, eff. July 1, 2021.

Section 328-G:12

    328-G:12 Repealed by 2023, 212:6, II, eff. Oct. 3, 2023. –

Section 328-G:13

    328-G:13 Repealed by 2023, 212:6, III, eff. Oct. 3, 2023. –

Section 328-G:14

    328-G:14 Repealed by 2023, 212:6, IV, eff. Oct. 3, 2023. –

Section 328-G:15

    328-G:15 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.

Source. 1997, 251:1, eff. July 1, 1997.