How do state laws differ?

States and Provinces with Statutes for the Practice of NADA
In the U.S.A. and Canada, many localities encourage the implementation of a NADA program through regulations that allow non-acupuncturist health providers to be trained in the NADA protocol, often under the supervision of a licensed acupuncturist or medical doctor. States (21 in total) and provinces (currently one) that regulate this through a legal statute (law) are: Arizona, Arkansas, Colorado, Connecticut, Delaware, Georgia, Indiana, Louisiana, Maryland, Michigan, Missouri, New Hampshire, New Mexico, New York, Ontario, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, and Wyoming.

States That Support Physician Delegation*
An additional three states (North Carolina, Ohio and Washington) give nurses (only nurse practitioners and physicians’ assistants in NC) the ability to practice, under the auspice of physician delegation. In Washington, the practice of NADA is an administrative rule in the state's nursing code. The nursing board in Ohio and the medical board of North Carolina consider NADA to be within the scope of physician delegation. There are no existing statutes for these three states.
*This is not the exhaustive list of states that support physician delegation, but only ones in which NADA members who are nurses advocated for practicing NADA. If you reside in a non-ADS state, it is worth contacting the state nursing board and/or medical board to see if they support NADA practice by physician delegation.

States and Provinces that do not Regulate the Practice of Acupuncture
In three states, the practice of acupuncture is not regulated. These include: Alabama, Oklahoma, and South Dakota. In Canada, the following provinces do not have acupuncture regulations: Alberta, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut Territory, Prince Edward Island, Saskatchewan, and Yukon Territory. There are NADA members in these jurisdictions. 

All Other States
In any state or province not specifically listed above, the practice of NADA is restricted to licensed acupuncturists or providers eligible to practice acupuncture in that jurisdiction, such as medical doctors. 

Commentary on NADA Laws
It is very important to note that each state has its own set of rules and regulations. The general trend in regulation is to move into the NADA-favorable category.  There is a wide range in the way ADS laws are designed, with varying degrees of specificity in the following three components:

1. Scope (for what clinical purpose is NADA being used?);
2. Setting (where can the treatment occur?);
3. Supervision (if required, who provides oversight for the NADA services?); and
4. Eligibility (who can be trained to provide the NADA protocol?)

States which include greater flexibility with the aforementioned components of ADS laws have a greater number of documented NADA providers and programs as compared to states whose laws are more limiting of these components. NADA encourages its providers and advocates to be politically active and aware, insofar as working toward making laws more conducive to serving the NADA mission. It is the responsibility of NADA providers to know the regulations pertaining to the practice of the NADA protocol in the state in which they reside.

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