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Utah Senate narrowly approves bill defining acupuncture injection therapy after sharp objections from physicians and some senators

Utah Senate · February 27, 2019
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Summary

First substitute Senate Bill 157, which updates acupuncture licensing and clarifies permitted injection therapies, passed after debate about whether it expands acupuncturists' scope to include medical injections; supporters said it codifies current practice and protects public safety.

The Utah Senate on Wednesday approved first substitute Senate Bill 157, an update to the Acupuncture Licensing Act that addresses injection therapy used in acupuncture practice. Sponsor Sen. Dan Harper said the proposal ims to "lock the acupuncturist into what they're presently doing today" and to respond to current practice while preserving public safety oversight by the Division of Occupational and Professional Licensing (DOPL).

Several physicians and other medical professionals emailed the Senate in recent hours raising concerns that the bill does not explicitly prohibit acupuncturists from administering certain injections or using non-controlled prescription medicines. Sen. Henderson asked whether DOPL rules fully address those concerns; Harper replied that rule-making cannot predict every future scenario but that the bill limits expansion by restating current authorized uses.

Sen. Christiansen cautioned the chamber that the measure represents a "quantum leap" for scope of practice: "Allowing the acupuncturist to inject these medicines ... is a quantum leap in the expansion of acupuncture therapy," he said, arguing the change should be rejected. Harper and other supporters said the bill reflects what acupuncturists already do and that it does not authorize prescribing controlled substances.

After floor debate and recorded explanations, the Senate voted 17 yeas, 8 nays and 4 absences to pass the first substitute; the bill will be transmitted to the House for consideration.

What comes next: Following passage, the bill will proceed to the House. Opponents raised public-safety and scope-of-practice concerns that may prompt amendments or committee scrutiny there.