Virginia Regulatory Town Hall
Health and Human Resources
Department of Health Professions
Board of Medicine
Petition 227
Petition Information
Petition Title Practice of licensed acupuncturists
Date Filed 7/28/2015    [Transmittal Sheet]
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's 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  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.

Comment Period Began 8/24/2015    Ended 9/18/2015
Virginia Register Announcement Submitted on 7/28/2015
The Virginia Register of Regulations
Published on: 8/24/2015     Volume: 31  Issue: 26
Agency Decision Take no action [Transmittal Sheet]    
Response Date 12/7/2015
Decision Publication Date Published on: 12/28/2015     Volume: 32  Issue: 9
Agency Decision Summary

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.


Contact Information
Name / Title: Elaine Yeatts  / Agency Regulatory Coordinator
Address: 9960 Mayland Drive
Henrico, 23233
Email Address:
Telephone: (804)367-4688    FAX: (804)527-4434    TDD: ()-