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
Agency Decision
Promulgating Board: Board of Medicine
Regulatory Coordinator: Elaine J. Yeatts


Agency Contact: Elaine Yeatts

Agency Regulatory Coordinator


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

Date Petition Received 07/28/2015
Petitioner Dr. Arthur Yin Fan
 Petitioner's Request
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
 Agency Decision
Take no action
Agency Response Date 12/07/2015
 Agency Decision Text
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.