HB3344 104TH GENERAL ASSEMBLY

LRB104 09575 AAS 19638 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3344

Introduced 2/18/2025, by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

225 ILCS 2/10

Amends the Acupuncture Practice Act. Provides that "acupuncture" also includes ordering laboratory tests in accordance with State law to check, track, evaluate, and monitor the status and effectiveness of pain management, herbal medicinal plans, dietary and exercise plans, and orders as may be provided to the patient from a physician licensed under the Medical Practice Act. Removes the provision that states that an acupuncturist licensed under the Act who is not also licensed as a physical therapist under the Illinois Physical Therapy Act shall not hold himself or herself out as being qualified to provide physical therapy or physiotherapy services.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Acupuncture Practice Act is amended by changing Section 10 as follows:

(225 ILCS 2/10)

(Section scheduled to be repealed on January 1, 2028)

Sec. 10. Definitions. As used in this Act:

"Acupuncture" means evaluation or treatment that is effected by stimulating certain body points by the insertion of pre-sterilized, single-use, disposable needles, unless medically contraindicated. "Acupuncture" includes, but is not limited to, stimulation that may be effected by the application of heat, including far infrared, or cold, electricity, electro or magnetic stimulation, cold laser, vibration, cupping, gua sha, manual pressure, or other methods, with or without the concurrent use of needles, to prevent or modify the perception of pain, to normalize physiological functions, or for the treatment of diseases or dysfunctions of the body and includes the determination of a care regimen or treatment protocol according to traditional East Asian principles and activities referenced in Section 15 of this Act for which a written referral is not required. In accordance with this Section, the practice known as dry needling or intramuscular manual stimulation, or similar wording intended to describe such practice, is determined to be within the definition, scope, and practice of acupuncture. Acupuncture also includes evaluation or treatment in accordance with traditional and modern practices of East Asian medical theory, including, but not limited to, moxibustion, herbal medicinals, natural or dietary supplements, manual methods, exercise, and diet to prevent or modify the perception of pain, to normalize physiological functions, or for the treatment of diseases or dysfunctions of the body and includes activities referenced in Section 15 of this Act for which a written referral is not required. Acupuncture also includes ordering laboratory tests in accordance with State law to check, track, evaluate, and monitor the status and effectiveness of pain management, herbal medicinal plans, dietary and exercise plans, and orders as may be provided to the patient from a physician licensed under the Medical Practice Act. Acupuncture does not include radiology, electrosurgery, chiropractic technique, physical therapy, naprapathic technique, use or prescribing of any pharmaceuticals, or vaccines, or determination of a differential diagnosis. An acupuncturist licensed under this Act who is not also licensed as a physical therapist under the Illinois Physical Therapy Act shall not hold himself or herself out as being qualified to provide physical therapy or physiotherapy services.

"Acupuncturist" means a person who practices acupuncture in all its forms, including traditional and modern practices in both teachings and delivery, and who is licensed by the Department. An acupuncturist shall refer to a licensed physician or dentist any patient whose condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the acupuncturist.

"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit.

"Board" means the Board of Acupuncture appointed by the Secretary.

"Dentist" means a person licensed under the Illinois Dental Practice Act.

"Department" means the Department of Financial and Professional Regulation.

"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit.

"Physician" means a person licensed under the Medical Practice Act of 1987.

"Referral by written order" for purposes of this Act means a diagnosis, substantiated by signature of a physician or dentist, identifying a patient's condition and recommending treatment by acupuncture as defined in this Act. The diagnosis shall remain in effect until changed by the physician or dentist who may, through express direction in the referral, maintain management of the patient.

"Secretary" means the Secretary of Financial and Professional Regulation.

"State" includes:

(1) the states of the United States of America;

(2) the District of Columbia; and

(3) the Commonwealth of Puerto Rico.

(Source: P.A. 100-375, eff. 8-25-17.)