§ 1A-316. Auricular detoxification

   (a) Supervision by licensed acupuncturist; qualifications and training. -- An acupuncturist licensed by the Board may provide supervision to as many individuals performing auricular detoxification as permitted by Board regulations, if each individual:

   (1) Is:

      (i) An alcohol, substance abuse, or chemical dependency counselor who is:

         1. Certified under Title 17, Subtitle 3 of this article to practice as a certified professional counselor-alcohol and drug, certified associate counselor-alcohol and drug, or certified supervised counselor-alcohol and drug; or

         2. Licensed to practice clinical alcohol and drug counseling under Title 17, Subtitle 3A of this article;

      (ii) A nurse licensed to practice under Title 8, Subtitle 3 of this article;

      (iii) A psychologist licensed to practice under Title 18, Subtitle 3 of this article who works directly with the alcohol- or drug-addicted clients of a chemical dependency program in the counseling or treatment of those clients; or

      (iv) A licensed certified social worker-clinical licensed to practice under Title 19, Subtitle 3 of this article who works directly with the alcohol- or drug-addicted clients of a chemical dependency program in the counseling or treatment of those clients;

   (2) Provides documentation to the Board of the successful completion of a training program in acupuncture for the treatment of alcoholism, substance abuse, or chemical dependency that:

      (i) Is approved by the Board; and

      (ii) Meets or exceeds the standards of the National Acupuncture Detoxification Association;

   (3) Does not represent to the public, by description of services, methods, or procedures, or otherwise, that the individual is authorized to practice acupuncture in this State;

   (4) Agrees to be subject to the Board for any violation of § 1A-309 of this subtitle; and

   (5) Performs auricular detoxification only:

      (i) Within the context of a clinical substance abuse program;

      (ii) In hospitals, prisons, outpatient clinics, or other settings approved by the Board; and

      (iii) Under the supervision of an acupuncturist licensed by the State.

(b) Regulations. -- The Board shall adopt regulations to carry out the provisions of this section, including regulations that cover:

   (1) The qualifications, training, and monitoring of individuals who perform auricular detoxification under the supervision of an acupuncturist licensed by the Board;

   (2) The number of individuals performing auricular detoxification to which an acupuncturist licensed by the Board may provide supervision; and

   (3) The requirements for the approval of a clinical substance abuse program or a setting where an individual may perform auricular detoxification under the supervision of an acupuncturist licensed by the Board.

(c) Compliance; violations and discipline. --

   (1) Except as otherwise provided in this section, an individual may not practice, attempt to practice, or offer to practice auricular detoxification in this State.

   (2) An acupuncturist who is licensed by the Board is responsible for assuring the Board that the individual performing auricular detoxification under the supervision of the acupuncturist complies with all applicable laws, regulations, and standards of practice.

   (3) If the individual performing auricular detoxification under this section violates any applicable laws, regulations, or standards of practice, the Board may discipline:

      (i) The individual performing auricular detoxification; and

      (ii) The supervising acupuncturist licensed by the Board for unprofessional conduct under § 1A-309 of this subtitle.

HISTORY: 2001, ch. 317; 2002, ch. 19, § 1; 2004, ch. 57.