NOTE: The governor signed this measure on 6/5/2013. SENATE BILL 13-207 BY SENATOR(S) Giron, Carroll, Crowder, Guzman, Kefalas, Newell, Nicholson, Steadman, Todd; also REPRESENTATIVE(S) Levy, Conti, Labuda, Rosenthal, Singer. Concerning the performance of auricular acudetox by trained mental health professionals, and, in connection therewith, making an appropriation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-29.5-105, add (3) as follows: 12-29.5-105. Unlawful acts - exceptions - definition. (3) (a) Notwithstanding any provision of this article to the contrary, a mental health care professional who is licensed pursuant to article 43 of this title and a certified addiction counselor III who is certified pursuant to article 43 of this title and who has provided documentation that he or she has been trained to perform auricular acudetox in compliance with paragraph (d) of this subsection (3) may perform auricular acudetox. The auricular acudetox must be performed under the mental health care professional's current scope of practice. (b) A mental health professional performing auricular acudetox pursuant to this subsection (3) shall not use the title "acupuncturist" or otherwise claim to be a person qualified to perform acupuncture beyond the scope of this subsection (3). (c) As used in this subsection (3) "auricular acudetox" means the subcutaneous insertion of sterile, disposable acupuncture needles in the following five consistent, predetermined bilateral locations: (I) Sympathetic; (II) Shen men; (III) Kidney; (IV) Liver; and (V) Lung. (d) In order to perform auricular acudetox pursuant to this subsection (3), a mental health care professional must successfully complete a training program in auricular acudetox for the treatment of alcoholism, substance abuse, or chemical dependency that meets or exceeds standards of training established by the national acupuncture detoxification association or another organization approved by the director. SECTION 2. In Colorado Revised Statutes, add 12-43-228.5 as follows: 12-43-228.5. Auricular detox by mental health professionals - training - definition. (1) A mental health care professional who is licensed pursuant to this article and a certified addiction counselor III who is certified pursuant to this article and who has provided documentation that he or she has been trained to perform auricular acudetox in accordance with subsection (4) of this section may perform auricular acudetox. The auricular acudetox must be performed under the mental health care professional's current scope of practice. (2) A mental health care professional performing auricular acudetox pursuant to subsection (1) of this section shall not use the title "acupuncturist" or otherwise claim to be a person qualified to perform acupuncture beyond the scope of this section. (3) As used in this section "auricular acudetox" means the subcutaneous insertion of sterile, disposable acupuncture needles in the following five consistent, predetermined bilateral locations: (a) Sympathetic; (b) Shen men; (c) Kidney; (d) Liver; and (e) Lung. (4) In order to perform auricular acudetox pursuant to subsection (1) of this section, a mental health care professional must successfully complete a training program in auricular acudetox for the treatment of alcoholism, substance abuse, or chemical dependency that meets or exceeds standards of training established by the national acupuncture detoxification association or another organization approved by the director. SECTION 3. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the division of professions and occupations cash fund created in section 24-34-105 (2) (b) (I), Colorado Revised Statutes, not otherwise appropriated, to the department of regulatory agencies, for the fiscal year beginning July 1, 2013, the sum of $10,020, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $3,840 to the division of professions and occupations for expert consulting; and (b) $6,180 to the executive director's office and administrative services for the purchase of legal services. (2) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 2013, the sum of $6,180, or so much thereof as may be necessary, for the provision of legal services for the department of regulatory agencies related to the implementation of this act. Said sum is from reappropriated funds received from the department of regulatory agencies out of the appropriation made in paragraph (b) of subsection (1) of this section. SECTION 4. Effective date. This act takes effect July 1, 2013. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ John P. Morse Mark Ferrandino PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO