The Acupuncture Examining Board (Board) requires every applicant for licensure to complete the New Jersey Acupuncture Safety and Jurisprudence Examination (“Examination”) prior to issuance of a license to practice as an acupuncturist in the State of New Jersey. Once an applicant has met the requirements of N.J.A.C. 13:35-9.3, and is approved by the Board, the Board office will inform the applicant that they are eligible to take this Examination. Upon completion of this Examination, and after completing and meeting all licensure requirements, the Board will issue a license to the applicant.

The material presented provides an overview of some of the laws and regulations relevant to the practice of acupuncture in New Jersey. The Examination consists of fifty (50) multiple choice questions which focus on acupuncture safety issues such as: contraindications to acupuncture treatment, needling safety, “Universal Precautions,” sterilization, and infection control. The remaining questions are related to the laws and regulations governing acupuncture practice in the State of New Jersey.

The questions are based on specific statutes and regulations. Statutes, or laws, are designated as N.J.S.A., which stands for "New Jersey Statutes Annotated." Regulations, or rules, are designated as N.J.A.C., which stands for "New Jersey Administrative Code." Regulations supplement the statutes, providing clarification as to statutory requirements or covering topics that are not specifically addressed by statute.

Board Responsibilities

The paramount responsibility of the Board is the protection of the public's health, safety, and welfare. The Board meets its responsibility by licensing professional acupuncturists, adopting regulations, determining standards of practice, investigating allegations of misconduct, and disciplining those who do not adhere to requirements - thereby assuring the public that art therapists are qualified, competent, and truthful.

Board Meetings

The Board has monthly meetings, which are scheduled up to a year in advance, with the dates posted on its website, www.NJConsumerAffairs.gov/acu/Pages/meetings.aspx
Meetings are conducted in accordance with the New Jersey Open Public Meetings Act.

Board meetings are held in two parts. One is open to the public, and includes: non-disciplinary sessions (open minutes, policy, legislation, information, public comment), and disciplinary actions (formal hearings).

Closed sessions, attended by Board members only, are held when matters need to be discussed privately, such as investigatory matters, potential disciplinary actions, and matters in which the Board needs the advice of legal counsel.

Licensure

Acupuncture licenses are renewed every two years, on June 30 of odd-numbered years. It is very important that you notify the Board office when you change your mailing address as renewal notifications are not forwarded by the Post Office. The notification will give you information about renewing your license online, paying with a credit card, and other information about keeping your license in good standing. The notification is mailed at least 60 days before your license expires. You may renew for thirty days after your license expires and pay a "late" fee of $150. Thirty-one days after your license expires, it will be automatically placed in expired status without further notice to you. If you do not intend to practice in New Jersey during the upcoming licensing period, you may renew your license as "inactive."
Licensed acupuncturists are required to complete 30 credit hours of continuing education every biennial renewal period.
Waivers of continuing education requirements may be granted for hardship reasons, and require supporting documentation. You must apply for the waiver prior to the end of the renewal cycle. If a waiver is granted, it applies only to the renewal cycle for which it was granted; you must reapply each cycle.

A Licensed Acupuncturist Must Cooperate with the Committee’s Investigative Powers

• Inspection of premises from which a practice is conducted;

• Review of records, books or documents prepared or maintained in the course of practice;

• Issuance of administrative subpoenas to compel attendance at investigative hearings or production of records;


• Demands for statements in writing under oath as to facts and circumstances concerning rendering of professional services;

• Impounding of evidence pursuant to a court order; and

• Compelling skills assessment to determine if licensees can practice with reasonable skill and safety.

The following are examples of grounds for discipline of licensees:

• Obtaining a license through fraud, deception, or misrepresentation;


• Omission of a criminal conviction on an application form;


• Use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;


• Gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of another person;


• Repeated acts of simple negligence, malpractice, or incompetence;


• Alteration of client records, including late additions without proper identification and dating;


• Professional or occupational misconduct as may be determined by the Committee;


• Conviction of, or engaging in, acts constituting crimes of moral turpitude or crimes relating adversely to the practice of art therapy;


• Disciplinary action against a license issued by another state, agency or authority;


• Failure to comply with any act or regulation administered by the Committee;


• Incapability of discharging the functions of a licensee consistent with the public health, safety or welfare;


• Violation of the Insurance Fraud Prevention Act as found in a civil or administrative proceeding;


• Presently engaged in drug or alcohol use likely to impair the ability to practice with reasonable skill and safety. (Presently means "at this time" or any time within the previous 365 days); and


• Aiding, abetting or permitting unlicensed practice; and


• Fraudulent advertising.

Licensed acupuncturists are required to report a colleague who demonstrates an impairment or activities of a colleague that pose a clear and imminent danger to public health and welfare (N.J.S.A.45:1-37). Examples of the type of misconduct, which you are required to report, are gross negligence, and actions that pose an imminent danger to the public health safety and welfare.

The Complaint and Discipline Process

The Board may receive complaints from sources including consumers, other governmental agencies, law enforcement agencies, court officials, and insurance fraud investigators.

Each and every one is investigated. The nature of the allegations dictates the type and the depth of the investigation.

In most cases, the Board will ask for the licensed acupuncturist’s response to the complaint to be considered in the investigation. If you are contacted by the Board and requested to provide information to it, please provide it in a timely manner - your reply and explanation must reach the Board office within 20 days from the date you receive notification or the date specified by the Board. Failure to respond in a timely fashion may result in you being directed to appear before the Board, or sanctioned, for failure to cooperate.

When the Board determines that a complaint has merit, the formal discipline process begins. New Jersey's Attorney General prosecutes formal complaints against licensees, and those found to be practicing acupuncture while unlicensed. Acupuncturists have a right to counsel at disciplinary proceedings before the Board. The Board may hear the matter, or refer it to an Administrative Law Judge (ALJ) who issues an initial decision that is reviewed by the Board. The Board can either adopt, reject or modify the findings of fact and conclusion of law, and the penalties recommended by the ALJ. The final decision is made by the Board.  Acupuncturists have the right to appeal a final decision of the Board to the Appellate Division of the New Jersey Superior Court.

Additionally, the Board has the authority to take the interim measure of temporarily suspending a license if there is a palpable demonstration of imminent danger to the public.

When a license is revoked or suspended, or clinical practice is barred by another state or licensing authority, and the Board finds that either the continued practice endangers or poses a risk to public health and safety, or gross or repeated negligence, fraud or professional misconduct adversely affecting public health and safety is involved, the Board is authorized to impose a suspension.

Possible disciplinary sanctions and other dispositions of formal complaints may include:

• Revocation of license;


• Suspension of license;


• Reprimand;


• Probation, limitations on license;


• Penalties;


• Costs of investigation and prosecution;


• Remedial education and/or supervision; or


• Other sanctions as may be deemed appropriate by the Committee

Under N.J.S.A.45:1-25 licensed professional and associate art therapists may be assessed monetary penalties of up to $10,000, for the first violation and up to $20,000 for the second and subsequent violations.