12/7/2015 10:25 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
|
Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: | Board of Medicine |
Regulatory Coordinator: | Elaine J. Yeatts (804)367-4688 elaine.yeatts@dhp.virginia.gov |
Agency Contact: | Elaine Yeatts Agency Regulatory Coordinator (804)367-4688 elaine.yeatts@dhp.virginia.gov |
Contact Address: | Department of Health Professions 9960 Mayland Drive Henrico, VA 23233 |
Chapter Affected: | |
18 vac 85 - 110: | Regulations Governing the Practice of Licensed Acupuncturists |
Statutory Authority: |
State: Chapter 29 of Title 54.1 Federal: |
Date Petition Received | 07/28/2015 |
Petitioner | Dr. Arthur Yin Fan |
1. Add word \"herbs" after the \"food supplements".
2. Add \"basic examination prescription right" to acupuncture practice scope:
\"Basic examination prescription right" includes: X-ray, ultrasound, MRI, etc image
tests; Blood routine test(CBC, complete blood count), Urine routine test (Urine analysis),
Stool routine test (Stool analysis), Blood Liver panel, Blood Kidney panel, etc bio-chem
tests.
3. Require only a "recommendation" for diagnostic examination
Prior to performing acupuncture, a licensed acupuncturist shall recommend patient
to obtain written documentation that the patient has received a diagnostic examination
within the past six months by a licensed doctor of medicine, osteopathy, chiropractic,
or podiatry acting within the scope of his practice or shall provide to the patient
a written recommendation for such a diagnostic examination on a form specified by
the board and signed by the patient. The original of the signed form shall be maintained
in the patient's chart and a copy provided to the patient. In case patient declines,
the licensed acupuncturist shall let patient sign the consent form, check the reason
of decline, and perform the basic examinations, includes in basic bio-chem lab tests
and image test.
Agency Plan
In accordance with Virginia law, the petition has been filed with the Register of
Regulations and will be published on August 24, 2015 and posted on the Virginia Regulatory
Townhall at www.townhall.virginia.gov. Comment on the petition will be requested
until September 18, 2015 and may be posted on the Townhall or sent to the Board.
Following receipt of all comments on the petition to amend regulations, the matter
will be considered by the Advisory Board on Acupuncture which will decide whether
to recommend any changes to the regulatory language. This matter will be on the Advisory
Board's agenda for its meeting on October 7, 2015 and on the full Board's agenda on
October 22, 2015.
Publication Date | 08/24/2015 (comment period will also begin on this date) |
Comment End Date | 09/18/2015 |
Take no action
Agency Response Date | 12/07/2015 |
The petition was considered on October 7, 2015 by the Advisory Board on Acupuncture
which recommended that the petition be denied and that no changes be made to the regulatory
language. On October 22, 2015, the Board of Medicine concurred with the recommendation.
The request to add "herbs" after "food supplements" was denied because herbs are
considered food supplements by the Food and Drug Administration, and there was concern
that any herbs that are not food supplements and outside the oversight of the FDA
may present some risk to the public. The request to add "basic examination prescription
right," was denied because it would expand the scope of practice for acupuncturists
to include performance or ordering of tests, and such an expansion may be inconsistent
with the statutory definition of the practice of acupuncture in § 54.1-2900. Additionally,
ordering and interpreting tests is beyond the training received in most acupuncture
education programs in the U. S. The request to change the requirement for documentation
of referral or a recommendation for referral was not considered because the regulatory
language in section 100 is specifically found in § 54.1-2956.9 of the Code of Virginia.