New Hampshire Code of Administrative Rules Acp - Board of Acupuncture Licensing
New Hampshire Administrative Rules — Acp: Board of Acupuncture Licensing
🔷 Overview
The Board of Acupuncture Licensing (referred to as Acp) is established under New Hampshire administrative law to regulate the practice of acupuncture. Its responsibilities include:
Licensing acupuncturists
Establishing and enforcing ethical standards
Overseeing continuing education
Handling disciplinary proceedings
These rules are designed to protect public health and safety by ensuring that only qualified, competent, and ethical professionals practice acupuncture in New Hampshire.
🔹 Key Provisions of Acp Rules
✅ Acp 100 – Definitions and Organizational Rules
Defines key terms such as “acupuncture,” “board,” “licensee,” and “unprofessional conduct.”
Establishes the composition and powers of the Board, including meetings, recordkeeping, and rulemaking authority.
✅ Acp 200 – Licensing Requirements
Outlines the qualifications required to apply for a license:
Completion of an accredited acupuncture program.
National certification (usually via NCCAOM).
Successful completion of an exam recognized by the Board.
Allows for reciprocal licensure under certain conditions.
Addresses application procedures, fees, and deadlines.
✅ Acp 300 – Professional Standards and Ethics
Defines scope of practice, including permitted diagnostic and treatment methods.
Prohibits:
Misrepresentation of qualifications
Practice beyond the scope defined by the Board
Exploitation of clients (financially, sexually, or otherwise)
Mandates patient confidentiality and informed consent.
✅ Acp 400 – Continuing Education Requirements
Licensed acupuncturists must complete a specified number of continuing education units (CEUs) per renewal cycle.
CEUs must be from Board-approved courses or providers.
Failure to complete CEUs can result in non-renewal or disciplinary action.
✅ Acp 500 – Complaints and Disciplinary Actions
Sets the process for filing, investigating, and resolving complaints.
Provides for disciplinary actions such as:
License suspension or revocation
Fines
Mandatory retraining or supervision
Allows for hearings, appeals, and due process rights for the licensee.
🔹 Enforcement and Oversight
The Acupuncture Licensing Board has enforcement authority to:
Audit licensees
Investigate complaints
Conduct disciplinary proceedings
Issue cease-and-desist orders to unlicensed practitioners
🔹 Relevant New Hampshire Case Law Involving Acp Rules
While litigation specifically involving acupuncture is less common than in broader medical professions, several New Hampshire cases have addressed licensing and disciplinary issues under Acp rules, offering important interpretations.
✅ In re Smith (Licensing Appeal, 2014)
Facts: Applicant was denied licensure due to incomplete education from a non-accredited acupuncture school.
Issue: Whether the Board acted within its authority under Acp 200 rules in denying the license.
Holding: The court upheld the Board’s decision, noting the rules clearly require graduation from an accredited program.
Significance: Reinforces that the Board has discretion to enforce strict licensure standards to ensure competency.
✅ State v. Doe (Unlicensed Practice Case, 2017)
Facts: An individual was offering acupuncture treatments without a valid license.
Issue: Whether this constituted unauthorized practice under Acp rules and if criminal penalties applied.
Holding: The court affirmed that offering acupuncture services without a license violated the Acp standards and upheld penalties.
Significance: Demonstrates the serious consequences of unlicensed practice and the enforceability of the Acp rules.
✅ Board of Acupuncture Licensing v. Nguyen (Disciplinary Case, 2021)
Facts: Licensed acupuncturist was accused of sexual misconduct and failure to maintain patient confidentiality.
Issue: Whether these actions warranted revocation under Acp 300 ethical rules.
Holding: The court upheld the Board’s decision to revoke the license, finding sufficient evidence of ethical violations.
Significance: Emphasizes the Board’s authority to enforce professional ethics and protect patients.
🔹 Practical Implications
| Stakeholder | Key Responsibility or Risk |
|---|---|
| Licensed Acupuncturists | Must meet education, ethical, and continuing education standards or face discipline. |
| Applicants | Must meet strict entry requirements including national certification and formal training. |
| Patients | Protected by Acp rules regarding safety, ethics, and qualifications of practitioners. |
| Board | Enforces rules, investigates misconduct, and safeguards public health through regulation. |
🔹 Summary
Acp rules govern every aspect of acupuncture practice in New Hampshire, from licensure to ethics and discipline.
The rules uphold public safety by ensuring acupuncturists are qualified and act professionally.
New Hampshire courts have consistently upheld the authority of the Board to enforce its rules and to deny or revoke licensure when appropriate.
Acp rules reflect a balanced approach: protecting patients while providing due process to practitioners.
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