PROPOSAL
Maryland Register
Issue Date: November 13, 2017
Volume 44• Issue 23 • Pages 1103—1104
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 26 BOARD OF ACUPUNCTURE
10.26.02 General Regulations
Authority: Health Occupations Article, §§1A–205 and 1A–301, Annotated Code of Maryland
Notice of Proposed Action
[17-277-P]
The Secretary of Health proposes to amend Regulation .03 under COMAR 10.26.02 General Regulations. This action was considered at a public meeting held on May 9, 2017, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bacc/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Repeal the option whereby an applicant furnishes to the Board evidence of an existing license or registration in another state that has reciprocity with Maryland and whose education, practice, or examination requirements are greater than or equal to those in Maryland; and
(2) Repeal the requirement that an applicant provide the Board with proof of equivalency to a course accredited by ACAOM by submitting certain information to the Board, and repealing the authorization for the Board to require the applicant to submit the education credits to an education evaluation agency approved by the Board.
The Board has no statutory authority regarding reciprocity with other states.
The Board no longer has the capacity or expertise to determine if a foreign-educated applicant’s credentials are comparable to the standards set by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM), as there is no longer a credible evaluation agency to make this determination. Therefore, with this provision repealed, applicants who graduate from nonaccredited schools would furnish their credentials to National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) which would then determine eligibility to sit for the examination that is required for licensure. The Board requires applicants from nonaccredited foreign colleges and universities to take the NCCAOM exam while most states require it of all applicants for licensure.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. The Board is proposing to repeal the requirement that an applicant who attended a non-accredited foreign college or university pay approximately $450 to an evaluation agency to evaluate their academic credentials. Instead, an applicant from a nonaccredited foreign college or university would be required to take the NCCAOM examination, a national examination for competency in acupuncture. The cost of the exam is $500.
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Revenue (R+/R-) |
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II. Types of Economic Impact. |
Expenditure (E+/E-) |
Magnitude |
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A. On issuing agency: |
NONE |
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B. On other State agencies: |
NONE |
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C. On local governments: |
NONE |
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Benefit (+)
Cost (-) |
Magnitude |
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D. On regulated industries or trade groups: |
(-) |
$200 |
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E. On other industries or trade groups: |
(+) |
$200 |
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F. Direct and indirect effects on public: |
NONE |
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III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
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D. and E. The Board estimates it receives approximately 4 applications for licensure from individuals educated at nonaccredited foreign colleges or universities each year. Applicants do not pay the Board to take the NCCAOM examination, but rather to the NCCAOM itself, so the extra revenue would not come to the Board. The Board also does not realize any revenue from the $450 foreign credential review that it currently requires and that is being proposed for repeal.
-$450 (repeal of foreign credential review) + $500 (take the NCCAOM exam) = $50 additional cost to applicants over current cost.
$50 x 4 applicants on average each year = $200 additional cost to applicants from a nonaccredited foreign college or university. |
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.
.03 Application for License.
A.—C. (text unchanged)
D. The applicant shall provide documentary evidence of having met one of the following standards for education, training, or demonstrated experience:
(1) Graduation from a course of training of at least 1,800 hours in acupuncture, including 300 clinical hours, that is:
(a)—(b) (text unchanged)
(c) Found by the Board to be equivalent to a course approved by the ACAOM; or
(2) Achievement of a:
(a) (text unchanged)
(b) Passing score on an examination that is determined by the Board to be equivalent to the examination given by the NCCAOM[; or
(3) Existing license, certification, or registration in acupuncture in another state that has a reciprocity agreement with Maryland and has education, practice, or examination requirements equal to or greater than those established in this State].
E.—F. (text unchanged)
[G. Review of Foreign Credentials.
(1) An applicant shall provide proof of equivalency to a course accredited by the ACAOM by submitting to the Board:
(a) An official transcript from the colleges or universities attended which lists:
(i) 1,800 hours of training in acupuncture, of which 300 hours are clinical; and
(ii) Subjects taken and the credits earned by the applicant; and
(b) A translation into the English language, certified by an individual acceptable to the Board, of a transcript which is in a language other than English.
(2) In addition to §G(1) of this regulation, the Board may require the applicant to submit the education credits at the applicant’s expense to an educational evaluation agency approved by the Board with the request that the evaluation report be sent directly to the Board.]
DENNIS SCHRADER
Secretary of Health
