V.S.A. tit. 26, ch. 75, subch. 1 — General Provisions | Vermont Statutes Annotated (through the 2026 session) — Vermont

26 V.S.A. § 3401 Definitions

3401. Definitions As used in this chapter: (1) “Acupuncture” or the “practice of acupuncture” means the insertion of fine needles through the skin at certain points on the body, with or without the application of electric current or the application of heat to the needles or skin, or both, for the purpose of promoting health and well-being or to prevent or alleviate pain or unease. (2) “Licensed acupuncturist” means a person who is licensed to practice acupuncture under this chapter. (3) “Director” means the Director of the Office of Professional Regulation. Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, §§ 37, 49(b); 2019, No. 30, § 23.

26 V.S.A. § 3401a Scope of practice

3401a. Scope of practice (a) A licensed acupuncturist may, in addition to the practice of acupuncture employing fine needles, in a manner consistent with acupuncture theory, employ electrical, magnetic, thermal, and mechanical skin stimulation techniques; nonlaboratory diagnostic techniques; nutritional, herbal, and manual therapies; exercise and lifestyle counseling; acupressure; and massage. (b) A licensed acupuncturist shall not offer diagnosis of any human pathology except for a functional diagnosis, based upon the physical complaint of a patient or acupuncture theory, for purposes of developing and managing a plan of acupuncture care, or as necessary to document to insurers and other payers the reason a patient sought care. Added 2019, No. 30, § 23.

26 V.S.A. § 3402 Prohibitions; offenses; exemptions; evaluating nonacupuncturists

3402. Prohibitions; offenses; exemptions; evaluating nonacupuncturists (a) Except as provided in subsections (d) through (g) of this section, a person shall not practice acupuncture unless he or she is licensed in accordance with the provisions of this chapter. (b)(1) A person shall not use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is an acupuncturist unless the person is licensed in accordance with this chapter. (2) The only title a licensed acupuncturist may use in reference to that license is “licensed acupuncturist” or its abbreviation, as “Lic. Ac.” (c) A person who violates any of the provisions of subsection (a) or (b) of this section shall be subject to the penalties provided in 3 V.S.A. § 127. (d) Nothing in subsection (a) of this section shall prevent a student from performing acupuncture under the supervision of a competent licensed acupuncturist instructor: (1) within a school or a college or an acupuncture department of a college or university that is licensed by the Vermont Agency of Education or certified by the Accreditation Commission for Acupuncture and Oriental Medicine; (2) as a student in a Director-approved apprenticeship; or (3) as an intern in any hospital. (e) Nothing in subsection (a) of this section shall prevent a person who is licensed or certified as an acupuncturist in another state or Canadian province from practicing acupuncture for no more than five days in a calendar year as part of a health care professional educational seminar or program in Vermont, if the educational seminar or program is directly supervised by a Vermont-licensed health care professional whose scope of practice includes acupuncture. (f) This chapter shall not be construed to limit or restrict in any way the right of a licensed practitioner of a health care profession regulated under this title from performing services within the scope of his or her professional practice. (g) Nothing in subsection (a) of this section shall prevent an unlicensed person from engaging in auriculotherapy, an unregulated practice wherein needles are inserted into the external human ear, provided such person: (1) has appropriate training in clean needle technique; (2) employs sterile, single-use needles, without reuse; (3) does not purport to treat any disease, disorder, infirmity, or affliction; (4) does not use any letters, words, or insignia indicating or implying that the person is an acupuncturist; and (5) makes no statement implying that his or her practice of auriculotherapy is licensed, certified, or otherwise overseen by the State. (h) The Director, with cooperation of the relevant professional regulatory boards, shall monitor and evaluate whether nonacupuncturists employing acupuncture as a therapeutic modality are doing so safely, within their scopes of practice, and in a manner consistent with the public health, safety, and welfare. Added 1993, No. 199 (Adj. Sess.), § 1; amended 1997, No. 40, § 38; 2001, No. 136 (Adj. Sess.), § 1, eff. June 13, 2002; 2005, No. 148 (Adj. Sess.), § 38; 2007, No. 29, § 54; 2013, No. 92 (Adj. Sess.), § 275, eff. Feb. 14, 2014; 2015, No. 111 (Adj. Sess.), § 1, eff. May 17, 2016; 2017, No. 48, § 25; 2019, No. 30, § 23.