La. Admin. Code tit. 46 § XLV-2103

Current through Register Vol. 50, No. 9, September 20, 2024
Section XLV-2103 - Definitions

A. As used in this Chapter and Chapter 51, the following terms shall have the meanings specified.

Acupuncture Practice Act or Act- R.S. 37:1356-1360, as hereafter amended or supplemented.

Acupuncture- treatment by means of mechanical, thermal, or electrical stimulation effected by the insertion of needles at a point or combination of points on the surface of the body predetermined on the basis of the theory of the physiological interrelationship of body organs with an associated point or combination of points, or the application of heat or electrical stimulation to such point or points, for the purpose of inducing anesthesia, relieving pain, or healing diseases, disorders, and dysfunctions of the body, or achieving a therapeutic or prophylactic effect with respect thereto.

Acupuncture Detoxification (acu detox)- the treatment by means of insertion of acupuncture needles in a combination of points on the ear in accordance with NADA protocol. The performance of acupuncture detoxification constitutes a subcategory of the practice of acupuncture.

Acupuncture Detoxification Specialist (ADS)-an individual who possesses current certification, duly issued by the board, to practice acupuncture detoxification under the supervision of a physician or licensed acupuncturist.

Applicant-a person who has applied to the board for certification as a physician acupuncturist, licensed acupuncturist or acupuncture detoxification specialist in the state of Louisiana.

Application- a request directed to and received by the board, in a format approved by the board, for certification to perform or practice acupuncture or acupuncture detoxification in the state of Louisiana, together with all information, certificates, documents, and other materials required by the board to be submitted with such forms.

Board- the Louisiana State Board of Medical Examiners.

Certification- the board's official recognition of an individual's current certificate, duly issued by the board, evidencing the board's certification of such individual under the law.

Clinical Practice Guidelines or Protocols (guidelines or protocols)-Repealed.

General Supervision- as used in this Chapter and Chapter 51, shall mean responsible oversight of the services rendered by an acupuncture detoxification specialist as specified in §5106. B of these rules.

Good Moral Character- as applied to an applicant, means that:

a. the applicant, if a physician, has not, prior to or during the pendency of an application to the board, been guilty of any act, omission, condition, or circumstance which would provide legal cause under R.S. 37:1285 for the denial, suspension, or revocation of medical licensure;

b. the applicant has not, prior to or during the pendency of an application to the board, been culpable of any act, omission, condition, or circumstance which would provide cause under §5113 of these rules for the suspension or revocation of certification as a physician acupuncturist, licensed acupuncturist, or acupuncture detoxification specialist;

c. the applicant has not, prior to or in connection with his application, made any representation to the board, knowingly or unknowingly, which is in fact false or misleading as to a material fact or omits to state any fact or matter that is material to the application; or

d. the applicant has not made any representation or failed to make a representation or engaged in any act or omission which is false, deceptive, fraudulent, or misleading in achieving or obtaining any of the qualifications for certification required by this Chapter.

Licensed Acupuncturist (LAc)-an individual, other than a physician possessing a current license, duly issued by the board to practice acupuncture in this state.

NADA- the National Acupuncture Detoxification Association.

Physical Practice Location-Repealed.

Physician- an individual lawfully entitled to engage in the practice of medicine in this state as evidenced by a current, unrestricted license duly issued by the board.

Physician Acupuncturist-a physician possessing current certification, duly issued by the board, to practice acupuncture.

Primary Practice Site-the location at which a physician, licensed acupuncturist or acupuncture detoxification specialist spends the majority of time in the exercise of the privileges conferred by licensure or certification issued by the board.

Proposed Supervising Acupuncturist's Assistant- an acupuncturist's assistant who has submitted to the board an application for approval as a supervising acupuncturist's assistant.

Proposed Supervising Licensed Acupuncturist-a licensed acupuncturist who has submitted to the board an application for approval as a supervising acupuncturist.

Proposed Supervising Physician- a physician who has submitted to the board an application for approval as a supervising physician.

Referral Physician-Repealed.

Supervising Acupuncturist's Assistant- an acupuncturist's assistant registered with the board under this Chapter to provide supervision to an acupuncture detoxification specialist.

Supervising Licensed Acupuncturist-a licensed acupuncturist registered with the board under this Chapter to provide supervision to an acupuncture detoxification specialist.

Supervising Physician-a physician registered with the board under this Chapter to supervise an acupuncture detoxification specialist.

Supervision-as to an acupuncturist's assistant, shall mean responsible oversight of the services rendered by an acupuncturist's assistant as specified in §5106. A of these rules.

Universal Precautions- a set of precautions developed by the United States Center for Disease Control (CDC) that are designed to prevent transmission of human immunodeficiency virus (HIV), hepatitis B virus (HBV) and other blood borne pathogens when providing first aid or health care. Under universal precautions blood and certain bodily fluids of all patients are considered potentially infectious for HIV, HBV and other blood borne pathogens.

B. Masculine terms wheresoever used in this Chapter shall also be deemed to include the feminine.

La. Admin. Code tit. 46, § XLV-2103

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 19:334 (March 1993), amended LR 34:1615 (August 2008), Amended by the Department of Health, Board of Medical Examiners, LR 431362 (7/1/2017), Amended LR 45549 (4/1/2019).
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1360 and 37:1270(B)(6).