Unlawful acts - exceptions - definition - title protection

(1) Nothing in this article 200 shall interfere with, or be interpreted to interfere with or prevent, any other licensed health-care professional from practicing within the scope of his or her practice, as defined in this title 12. (2) (a) It is unlawful for any person to practice acupuncture without a valid and current license on file with the division, unless the person is practicing pursuant to section 12-240-107 (3)(l) or (3)(o) or has met the requirements of subsection (3) of this section. (b) It is unlawful for any person to: (I) Engage in the practice of acupuncture without being licensed; (II) Use the title "acupuncturist" or "licensed acupuncturist", use the designation "L.Ac.", or use any other title or designation that suggests the person is an acupuncturist unless the person is licensed pursuant to this article 200; or (III) Use the title "medical acupuncturist" or any other title or designation that suggests the person is a medical acupuncturist unless the person is practicing pursuant to section 12-240-107 (1)(a) or (3)(o). (3) Notwithstanding any provision of this section to the contrary, a person in training may practice acupuncture without a valid and current license issued by the division if the practice takes place in the course of a bona fide training program and the person performs all acupuncture acts and services under the direct, on-site supervision of a licensed acupuncturist, who is responsible for all such acts and services as though the licensed acupuncturist had personally performed them. (4) (a) Notwithstanding any provision of this article 200 to the contrary, a professional who has provided documentation that the professional has been trained to perform auricular acudetox in compliance with subsection (4)(d) of this section may perform auricular acudetox if the auricular acudetox is performed under the professional's current scope of practice. (b) A professional performing auricular acudetox pursuant to this subsection (4) shall not use the title "acupuncturist" or otherwise claim to be a person qualified to perform acupuncture beyond the scope of this subsection (4). (c) As used in this subsection (4), "auricular acudetox" means the subcutaneous insertion of sterile, disposable acupuncture needles in the following five consistent, predetermined bilateral locations: (I) Sympathetic; (II) Shen men; (III) Kidney; (IV) Liver; and (V) Lung. (d) In order to perform auricular acudetox pursuant to this subsection (4), a professional must successfully complete a training program in auricular acudetox for the treatment of substance use disorders that meets or exceeds standards of training established by a national organization approved by the director.