Acupuncture Board of Examiners
AGENCY CONTACT INFORMATION
Authority
The Acupuncture Board of Examiners was created in 1998 to protect public health by ensuring that acupuncture is provided by qualified and competent individuals. Statutory authority is found at A.R.S. §§32-3901 through 32-3955. Regulatory rules are at A.A.C. R4-8-101 et seq.
Function
The Acupuncture Board of Examiners (Board) oversees regulation of acupuncturists and licensure of applicants. A person may not practice acupuncture without a license issued by the Board. The Board is authorized to deny, revoke, or suspend a license, investigate misconduct, hold hearings, and issue subpoenas.
The Board is made up of nine members appointed to three-year terms by the Governor and may employ an executive director and personnel to carry out its functions. It is funded by fees collected for applications, licenses, and certificates.
As a 90/10 board, ten percent of all monies collected is deposited in the state General Fund and the remainder is deposited in the Acupuncture Board of Examiners Fund. Note: Legislation enacted in 2024 reduced the revenue available to 27 self-supporting regulatory agencies (known as 90/10 boards), including the Board of Acupuncture. Beginning September 14, 2024 until July 1, 2028, the Board will deposit 15% of its monies in the state General Fund. See explanation of Laws 2024, Chapter 222 in the History section, below.
History
Laws 1998, Chapter 239 created the Board, specified its composition, set out its powers and duties, authorized employment of an executive director and personnel, created the Acupuncture Board of Examiners Fund and established fees. The measure prescribed qualifications to obtain a license to practice; outlined provisions related to renewal and continuing education; authorized the Board to deny, revoke, or suspend a license; to impose alternative sanctions, and to request injunctive relief. A violation is classified as a class 1 misdemeanor.
Laws 2014, Chapter 107 revised qualifications for licensure by providing an additional option for an applicant to demonstrate competency by completing specific modules offered by the National Certification Commission for Acupuncture and Oriental Medicine. The measure also required an applicant to: 1) disclose all other active and past healthcare licenses issued to the applicant; and 2) submit a full set of fingerprints to the Board for the purpose of conducting a state and federal criminal records check.
In 2016, the Arizona Auditor General conducted a performance audit of the Arizona Acupuncture Board of Examiners. The audit was prepared in response to the Joint Legislative Audit Committee resolution of October 22, 2014. The audit found the Board: 1) had not consistently obtained all licensing information before issuing licenses; 2) had renewed some licenses without verifying compliance with continuing education requirements; 3) had not developed procedures to handle complaints and adequately guide staff; and 4) did not consistently provide accurate information about licensees and certificate holders over the phone.
The Senate Health and Human Services and the House Health Committee of Reference met on November 27, 2017, and recommended the Board be continued for one year; continue to address the concerns raised in the audit; and submit a progress report by March 1, 2018 to the Auditor General and the Legislative standing Health Committees.
Laws 2018, Chapter 63 continued the Board for four years. A second measure adopted in 2018 revised qualifications for an auricular acupuncture certificate and required an applicant to: 1) disclose all other active and past health care licenses and certificates issued to the applicant; and 2) effective January 1, 2019, submit a full set of fingerprints to the Board for the purpose of conducting a state and federal criminal records check. See Laws 2018, Chapter 205.
Laws 2019, Chapter 195 allowed the Board to authorize its executive director to issue licenses, certifications, registrations, preceptorships, reinstatements and waivers to eligible applicants who meet the requirements identified in the statute. In addition, the Board may issue temporary licenses of thirty days to qualified applicants who meet the statutory requirements and may adopt rules to carry out the new provisions.
A second enactment in 2019 requires the Board to regulate the unauthorized practice of the profession by investigating complaints and referring verified complaints to the county attorney or attorney general for prosecution. See Laws 2019, Chapter 227.
Laws 2021, Chapter 312 modifies qualifications to serve on the Board, creates an Acupuncture Detoxification Specialist certificate, removes the limitation on practicing auricular acupuncture in certain programs, and establishes a requirement for a patient to sign a consent form prior to receiving treatment from an auricular acupuncturist. The measure also decreases the number of members on the Board from nine to seven, effective January 17, 2022.
Laws 2022, Chapter 23 modifies the responsibilities of the Board, modifies the scope of practice for acupuncturists, and requires a person who is applying for an initial license or a renewal to possess a fingerprint clearance card at the time of application. The measure also creates the position of and outlines the scope of duties for an acupuncture assistant and establishes registration requirements for the position.
Laws 2023, Chapter 164 allows an acupuncturist to be certified by the Acupuncture Board of Examiners to treat animals and exempts the certified acupuncturist from licensing requirements of the Veterinary Medical Examining Board. The measure outlines specific requirements relating to referrals, record-keeping, insurance, treatment protocols, and communication with the referring veterinarian.
Laws 2024, Chapter 106 requires the Acupuncture Board of Examiners Executive Director to serve as the Executive Director of the Board of Homeopathic and Integrated Medicine Examiners. In addition, the staff of the Acupuncture Board is required to carry out the administrative responsibilities for the Homeopathic Board. According to the Joint Legislative Budget Committee fiscal note for the measure, “the Homeopathic Medicine and Acupuncture Boards currently share an executive director and administrative staff. The bill would codify this arrangement, which has been in place since 2018. The boards stated that any savings associated with this provision of the bill have already been realized.” JLBC 2024 Fiscal Note: SB 1163
Laws 2024, Chapter 222 reduced the revenue available to 27 self-supporting regulatory agencies (known as 90/10 boards), including the Acupuncture Board of Examiners. Prior to enactment of Chapter 222, these boards were required to transfer to the state general fund 10% of monies collected from licensing fees and other revenue and were allowed to retain 90% to apply to the board’s operating costs. Effective September 14, 2024 through July 1, 2028, the boards must transfer 15% of the revenues to the state general fund and may retain 85% of the monies for operating costs.
Sources
- Arizona Revised Statutes §§32-3901 et seq.
- Arizona Administrative Code (A.A.C.) §§R4-8-101 et seq.
- Session Laws
- Laws 1998, Chapter 239
- Laws 2014, Chapter 107
- Laws 2018, Chapter 63 and Chapter 205
- Laws 2019, Chapter 195 and Chapter 227
- Laws 2021, Chapter 312
- Laws 2022, Chapter 23
- Laws 2023, Chapter 164
- Laws 2024, Chapter 106 and Chapter 222
Arizona Acupuncture Board of Examiners website
Arizona Memory Project Arizona Acupuncture Board of Examiners agency collection
Sunrise application related to the expansion of scope for licensed acupuncturists, 2020
Sunset review of the Acupuncture Board of Examiners, Joint Legislative Committee, 2017
Performance Audit and Sunset Review, State of Arizona Acupuncture Board of Examiners, 2016 Arizona Auditor General, Report 16-109
Related Collections at Arizona State Archives
- Record Group 175 – Arizona Acupuncture Board of Examiners, 2004-2016
