DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

DIRECTOR’S OFFICE

ACUPUNCTURE – GENERAL RULES

Filed with the secretary of state on June 7, 2024

These rules become effective immediately after filing with the secretary of state unless

adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969,

1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections

become effective 7 days after filing with the secretary of state.

(By authority conferred on the director of the department of licensing and regulatory affairs

by sections 16141, 16145, 16148, 16174, 16201, 16204, 16205, 16287, 16515, 16517, and

16525 of the public health code, 1978 PA 368, MCL 333.16141, 333.16145, 333.16148,

333.16174, 333.16201, 333.16204, 333.16205, 333.16287, 333.16515, 333.16517, and

333.16525 and Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-

4, MCL 338.3501, 445.2001, 445.2011, and 445.2030)

R 338.13001, R 338.13004, R 338.13031, and R 338.13033 of the Michigan Administrative

Code are amended, as follows:

PART 1. GENERAL RULES

R 338.13001 Definitions.

Rule 1. (1) As used in these rules:

(a) “Board” means the Michigan board of acupuncture created under section 16521 of

the public health code, MCL 333.16521.

(b) “Code” means the public health code 1978 PA 368, MCL 333.1101 to 333.25211.

(d) “NCCAOM” means the National Certification Commission for Acupuncture and

Oriental Medicine.

(e) “PDA” means a continuing education course or activity approved by the NCCAOM

as a professional development activity.

(2) Terms defined in the code have the same meanings when used in these rules.

R 338.13004 Approval and adoption of examinations; approval and adoption of

standards of competence.

Rule 4. (1) The board approves and adopts the examinations developed, scored, and

required for certification by the NCCAOM.

(2) The board approves and adopts the NCCAOM national standards of competence in

acupuncture and Oriental medicine as set forth in the document titled, “NCCAOM

Certification Handbook,” June 2023. The document is available for inspection and

distribution at the cost of 10 cents per page from the Department of Licensing and

February 9, 2024

Regulatory Affairs, Bureau of Professional Licensing at 611 West Ottawa Street, P.O.

Box 30670, Lansing, Michigan 48909 and at no cost from NCCAOM at

https://www.nccaom.org/wp-

content/uploads/pdf/NCCAOM_Certification_Handbook_Sept_2023.pdf or National

Certification Commission for Acupuncture and Oriental Medicine, 2001 K Street NW, 3^rd

Floor North, Washington, DC 20006.

PART 3. LICENSE RENEWAL, LIMITED LICENSE RENEWAL, AND

CONTINUING EDUCATION

R 338.13031 Renewal of acupuncturist license; renewal of limited license;

requirements; limitations; waiver request.

Rule 31. (1) Pursuant to section 16517 of the code, MCL 333.16517, an applicant for

renewal of a license or limited license, who has been licensed for the 2-year period

immediately preceding the expiration date of the license, shall accumulate 30 hours of

continuing education related to the practice of acupuncture and approved by the board

pursuant to these rules, during the 2 years before the expiration date of the license.

(2) An applicant shall satisfy the implicit bias training standards requirements of R

338.7004. The licensee may count the hours earned satisfying the requirements of R

338.7004 as part of the 30 hours of continuing education required under subrule (1) of

this rule if the hours were earned by participating in a course or activity approved by the

NCCAOM.

(3) An applicant for renewal of a license or a limited license shall accumulate at least 5

hours of the continuing education hours required in subrule (1) of this rule in pain and

symptom management related to the practice of acupuncture during each license cycle

pursuant to sections 16204(2) and 16517(2) of the code, MCL 333.16204 and 333.16517.

(4) An applicant for renewal of a limited license, in addition to meeting the

requirements of subrules (1) to (3) of this rule, shall meet all of the following:

(a) Pursuant to section 16517(3) of the code, MCL 333.16517, the applicant shall hold

an active license to engage in another health profession at the time of the applicant’s

application, and as a condition of renewal of the applicant’s limited license.

(b) The applicant shall accumulate the continuing education credits required in subrules

(1) to (3) of this rule in addition to any continuing education credits accumulated for the

purpose of renewing the applicant’s other health professional license.

name and signature of the applicant’s supervising physician acknowledging that the

physician provided the supervisory responsibilities described under section 16109(2) of

the code, MCL 333.16109, during the previous license cycle and agreeing to provide

those supervisory responsibilities during the next license cycle.

(5) Submission of an application for renewal constitutes the applicant's certification of

compliance with this rule. An applicant shall retain documentation of satisfying the

requirements of this rule for a period of 4 years after the date of applying for license

renewal. The board may require an applicant to submit evidence to demonstrate

compliance with this rule. Failure to comply with this rule is a violation of section

16221(h) of the code, MCL 333.16221.

(6) The department must receive a request for a waiver under section 16205 of the code,

MCL 333.16205, before the expiration date of the license.

(7) The continuing education credits earned in 1 license cycle may not be carried

forward to the next license cycle.

(8) Except for the implicit bias training required under R 338.7004 that may be used to

comply with R 338.7004 and a continuing education requirement under subrule (2) of this

rule, the applicant may not earn continuing education credits for a continuing education

program that is identical to a program the applicant has already earned credit for during

that renewal cycle.

R 338.13033 Acceptable continuing education, requirements.

Rule 33. (1) The board approves for continuing education a course or activity approved

by the NCCAOM as a PDA. One PDA credit equals 1 hour of continuing education

credit that can be accumulated to satisfy the requirements of R 338.13031.

(2) Pursuant to section 16517(1) of the code, MCL 333.16517, an individual who has

met the continuing education standards of the NCCAOM is considered to have met the

continuing education requirements for license renewal.

(3) If an applicant does not meet the requirements of subrule (2) of this rule, the

applicant shall accumulate not less than 30 continuing education credits by participating

in a course or activity approved by the NCCAOM.