43-34-71. Unlicensed practice; exceptions; penalties.

Unless licensed under this article or exempted under subsection (b) of this Code section, no person shall:#

1. (1)

   Practice acupuncture or auricular (ear) detoxification therapy; or#

2. (2)

   Represent himself or herself to be an acupuncturist or auricular (ear) detoxification technician who is licensed under this article.#

The prohibition in subsection (a) of this Code section does not apply to:#

1. (1)

   Any person licensed to practice medicine under Article 2 of this chapter;#

2. (2)

   The practice of acupuncture which is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience; or#

3. (3)

   The practice of acupuncture by any person licensed or certified to perform acupuncture in any other jurisdiction that has requirements equivalent to or more stringent than this article where such person is doing so in the course of regular instruction in an approved educational program of acupuncture or in an educational seminar of an approved professional organization of acupuncture, provided that in the latter case the practice is supervised directly by a person licensed to practice acupuncture pursuant to this article or an acupuncturist who is licensed to practice medicine under Article 2 of this chapter.#

Any person violating subsection (a) of this Code section shall, upon conviction thereof, be guilty of a misdemeanor.#