Vol. 31 Iss. 26 - August 24, 2015



Initial Agency Notice

Title of Regulation: 18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists.

Statutory Authority: ยง 54.1-2400 of the Code of Virginia.

Name of Petitioner: Dr. Arthur Yin Fan.

Nature of Petitioner's Request:

1. Add word "herbs" after "food supplements."

2. Add "basic examination prescription right" to acupuncture practice scope:

"Basic examination prescription right" includes: X-ray, ultrasound, MRI, etc. image tests; Blood routine test (CBC, complete blood count), Urine routine test (Urine analysis), Stool routine test (Stool analysis), Blood Liver panel, Blood Kidney panel, etc. bio-chem tests.

3. Require only a "recommendation" for diagnostic examination.

Prior to performing acupuncture, a licensed acupuncturist shall recommend patient to obtain written documentation that the patient has received a diagnostic examination within the past six months by a licensed doctor of medicine, osteopathy, chiropractic, or podiatry acting within the scope of his practice or shall provide to the patient a written recommendation for such a diagnostic examination on a form specified by the board and signed by the patient. The original of the signed form shall be maintained in the patient's chart and a copy provided to the patient. In case patient declines, the licensed acupuncturist shall let patient sign the consent form, check the reason of decline, and perform the basic examinations, includes in basic bio-chem lab tests and image test.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition has been filed with the Register of Regulations and will be published on August 24, 2015, and posted on the Virginia Regulatory Townhall at Comment on the petition will be requested until September 18, 2015, and may be posted on the Townhall or sent to the board. Following receipt of all comments on the petition to amend regulations, the matter will be considered by the Advisory Board on Acupuncture which will decide whether to recommend any changes to the regulatory language. This matter will be on the advisory board's agenda for its meeting on October 7, 2015, and on the full board's agenda on October 22, 2015.

Public Comment Deadline: September 18, 2015.

Agency Contact: Elaine J. Yeatts, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, or email

VA.R. Doc. No. R15-38; Filed July 28, 2015, 16:19 p.m.