CHAPTER 2. LICENSE AND QUALIFICATIONS
IC 25-2.5-2
Chapter 2. License and Qualifications
IC 25-2.5-2-1
Requirements for license
Sec. 1. Except as provided in section 3 of this chapter, to qualifyfor a license under this article, an individual must satisfy thefollowing requirements:
(1) Complete an application for licensure in accordance withthe rules adopted by the board.
(2) Pay the fees established by the board.
(3) Not have been convicted of a crime that has a direct bearingon the applicant's ability to practice competently as determinedby the board.
(4) Not have had disciplinary action taken against the applicantor the applicant's license by the board or by the licensingagency of another state or jurisdiction by reason of theapplicant's inability to safely practice acupuncture with thereasons for discipline still being valid as determined by theboard or by a national certification agency.
(5) Show to the satisfaction of the board that the applicant has:
(A) current active status as a diplomate in acupuncture of theNational Certification Commission for Acupuncture andOriental Medicine;
(B) successfully completed a three (3) year postsecondarytraining program or acupuncture college program that:
(i) is accredited by;
(ii) is a candidate for accreditation by; or
(iii) meets the standards of;
the National Accreditation Commission for Schools andColleges of Acupuncture and Oriental Medicine; and
(C) successfully completed a clean needle technique courseapproved by the National Certification Commission forAcupuncture and Oriental Medicine.
As added by P.L.265-1999, SEC.1.
IC 25-2.5-2-2
Issuance of license
Sec. 2. Except as provided in section 4 of this chapter, the boardshall issue a license to an individual who:
(1) meets the conditions of section 1 of this chapter; and
(2) is otherwise qualified for licensure under this article.
As added by P.L.265-1999, SEC.1.
IC 25-2.5-2-3
Applicants licensed in other state or licensed in related fields
Sec. 3. (a) An applicant may, upon the payment of a feeestablished by the board, be granted a license if the applicant:
(1) submits satisfactory evidence to the board that the applicanthas been licensed to practice acupuncture in another state or
authorized in another country to practice acupuncture;
(2) meets the requirements of section 1(1) through 1(4) of thischapter; and
(3) shows to the satisfaction of the board that the applicant has:
(A) successfully completed a clean needle technique coursesubstantially equivalent to a clean needle technique courseapproved by a national acupuncture association approved bythe board;
(B) successfully completed a three (3) year postsecondarytraining program or acupuncture college program that meetsthe standards substantially equivalent to the standards for athree (3) year postsecondary training program oracupuncture college program approved by a nationalacupuncture association approved by the board; and
(C) passed an examination substantially equivalent to theexamination required by a national acupuncture associationapproved by the board.
(b) An applicant may, upon the payment of a fee established bythe board, be granted a professional's license to practice acupunctureif the applicant submits satisfactory evidence to the board that theapplicant is a:
(1) chiropractor licensed under IC 25-10;
(2) dentist licensed under IC 25-14; or
(3) podiatrist licensed under IC 25-29;
with at least two hundred (200) hours of acupuncture training.
(c) The board shall:
(1) compile, at least once every two (2) years, a list of coursesand institutions that provide training approved for the purposeof qualifying an individual for a professional's license undersubsection (b); and
(2) adopt rules that set forth procedures for the case by caseapproval of training under subsection (b).
(d) If an individual's license described in subsection (b)(1), (b)(2),or (b)(3) is subject to any restrictions as the result of disciplinaryaction taken against the individual by the board that regulates theindividual's profession, the same restrictions shall be applied to theindividual's professional's license to practice acupuncture.
(e) An individual's professional's license issued under subsection(b) shall be suspended if the individual's license described undersubsection (b)(1), (b)(2), or (b)(3) is suspended.
(f) An individual's professional's license issued under subsection(b) shall be revoked if the individual's license described undersubsection (b)(1), (b)(2), or (b)(3) is revoked.
(g) The practice of acupuncture by an individual issued aprofessional's license under subsection (b) is limited to the scope ofpractice of the individual's license described in subsection (b)(1),(b)(2), or (b)(3).
As added by P.L.265-1999, SEC.1. Amended by P.L.59-2001, SEC.2;P.L.105-2008, SEC.7; P.L.134-2008, SEC.17.
IC 25-2.5-2-4
Refusal to issue license
Sec. 4. The board may refuse to issue a license to an applicant forlicensure if:
(1) the board determines during the application process that theapplicant committed an act that would have subjected theapplicant to disciplinary sanction under section 1(4) of thischapter if the applicant had been licensed in Indiana when theact occurred; or
(2) the applicant has had a license revoked under IC 25-1-1.1.
As added by P.L.265-1999, SEC.1. Amended by P.L.14-2000,SEC.56.
IC 25-2.5-2-5
Expiration and renewal of license
Sec. 5. (a) A license issued by the board expires on the dateestablished by the agency under IC 25-1-5-4 in each even-numberedyear.
(b) To renew a license, an acupuncturist must:
(1) pay a renewal fee not later than the expiration date of thelicense; and
(2) submit proof of current active licensure in acupuncture bythe National Certification Commission for Acupuncture andOriental Medicine.
(c) If an individual fails to pay a renewal fee on or before theexpiration date of a license, the license becomes invalid withoutfurther action by the board.
(d) If an individual holds a license that has been invalid for notmore than three (3) years, the board shall reinstate the license if theindividual meets the requirements of IC 25-1-8-6(c).
(e) If more than three (3) years have elapsed since the date alicense expired, the individual who holds the license may seekreinstatement of the license by satisfying the requirements forreinstatement under IC 25-1-8-6(d).
As added by P.L.265-1999, SEC.1. Amended by P.L.1-2006,SEC.419; P.L.105-2008, SEC.8.
IC 25-2.5-2-6
Denial, suspension, or revocation of license
Sec. 6. The board may deny, suspend, or revoke a license, requireremedial education, or issue a letter of reprimand, if an applicant orlicensed acupuncturist does any of the following:
(1) Engages in false or fraudulent conduct that demonstrates anunfitness to practice acupuncture, including:
(A) making a misrepresentation in connection with anapplication for a license or an investigation by the board;
(B) attempting to collect fees for services that were notperformed;
(C) false advertising, including guaranteeing that a cure willresult from an acupuncture treatment; or (D) dividing, or agreeing to divide, a fee for acupunctureservices with another person for referring the patient.
(2) Fails to exercise proper control over the acupuncturist'spractice by:
(A) aiding an unlicensed person in practicing acupuncture;
(B) delegating professional responsibilities to a person theacupuncturist knows or should know is not qualified toperform; or
(C) insufficiently supervising unlicensed personnel workingwith the acupuncturist in the practice.
(3) Fails to maintain records in a proper manner by:
(A) failing to keep written records describing the course oftreatment for each patient;
(B) refusing to provide upon request patient records thathave been prepared for or paid for by the patient; or
(C) revealing personally identifiable information about apatient, without the patient's consent, unless otherwiseallowed by law.
(4) Fails to exercise proper care of a patient, including:
(A) abandoning or neglecting a patient without makingreasonable arrangements for the continuation of care; or
(B) exercising or attempting to exercise undue influencewithin the relationship between the acupuncturist and thepatient by making sexual advances or requests for sexualactivity or by making submission to sexual conduct acondition of treatment.
(5) Displays substance abuse or mental impairment to thedegree that it interferes with the ability to provide safe andeffective treatment.
(6) Is convicted, pleads guilty, or pleads no contest to a crimethat demonstrates an unfitness to practice acupuncture.
(7) Fails, in a negligent manner, to practice acupuncture withthe level of skill recognized within the profession as acceptableunder the circumstances.
(8) Violates willfully any provision of this article or rule of theboard.
(9) Has had a license denied, suspended, or revoked in anotherjurisdiction for a reason that would be grounds for denial,suspension, or revocation of a license under this article.
As added by P.L.265-1999, SEC.1. Amended by P.L.59-2001, SEC.3.
IC 25-2.5-2-7
Auricular acupuncture
Sec. 7. (a) This section may not be construed to prohibit licensedacupuncturists from practicing auricular acupuncture.
(b) An individual who is not an acupuncturist licensed under thisarticle may practice auricular acupuncture for the purpose of treatingalcoholism, substance abuse, or chemical dependency if theindividual:
(1) provides the board with documentation of successful
completion of a board approved training program inacupuncture for the treatment of alcoholism, substance abuse,or chemical dependency that meets or exceeds the standards oftraining set by the National Acupuncture DetoxificationAssociation;
(2) provides the board with documentation of successfulcompletion of a clean needle technique course;
(3) provides auricular acupuncture services within the contextof a state, federal, or board approved alcohol, substance abuse,or chemical dependency program under the supervision of alicensed acupuncturist; and
(4) maintains the ethical standards under this article and underrules adopted by the board.
As added by P.L.265-1999, SEC.1.