Five-needle protocol definition; registry; prohibitions; rules; discipline

(1) As used in this section, “five-needle protocol” means the standardized five-needle treatment protocol in which five points on the human outer ear are stimulated with sterile, single-use disposable needles, ear seeds or ear beads for the purpose of achieving temporary relief from the symptoms of substance use disorder, mental health conditions or trauma. The five points are the shen men, sympathetic, liver, kidney and lung points. (2) The Oregon Medical Board may establish by rule a registry of individuals who are qualified to provide the five-needle protocol. The board may adopt rules to establish: (a) Qualifications for registration, including but not limited to education and training requirements; (b) An application and registration fee; (c) The form and manner of application; (d) Sanitation and best practice standards; (e) A schedule of violations and disciplinary actions; and (f) Any other requirements or standards the board determines necessary. (3) The board may issue a five-needle protocol registration to an applicant who meets the requirements established by the board by rule under this section. (4) The board shall adopt rules regarding the renewal of a registration issued under this section. (5) The board may, for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, require the fingerprints of an individual who is applying for or renewing a registration under this section or an individual who is under investigation by the board for a reason related to registration under this section. (6)(a) Except as provided in paragraph (b) of this subsection, only an individual registered under this section may provide the five-needle protocol and shall use only objectively safe practices and materials, as further described by the board by rule. (b) An acupuncturist licensed under ORS 677.757 to 677.770 may provide the five-needle protocol without registration under this section. (7) Subject to ORS 677.759, unless an individual is an acupuncturist licensed under ORS 677.757 to 677.770, the individual may not hold themselves out as being an acupuncturist or otherwise indicate that the individual is authorized to practice acupuncture, as defined in ORS 677.757. (8)(a) Subject to paragraph (b) of this subsection, a proceeding for disciplinary action of an individual registered under this section must be substantially in accord with the following procedure: (A) An individual, including a member of the board, may file a complaint to the board and the board shall verify the complaint; and (B) A hearing must be given to the individual accused in the complaint in accordance with ORS chapter 183 as a contested case. (b) Paragraph (a)(B) of this subsection does not apply if the individual accused in the complaint admits to the facts of a complaint described in paragraph (a) of this subsection so long as the complaint alleges facts that establish the individual is in violation of one or more grounds for suspension or revocation of a registration, as determined by the board by rule.