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Law, rules, and regulations, not Guidelines, specify the requirements for practice and violating them constitutes professional misconduct. Not adhering to this Guideline may be interpreted as professional misconduct only if the conduct also violates pertinent law, rules, and regulations.

Licensed acupuncturists should be aware that pursuant to Education Law Section 6811(6), it is a class A misdemeanor for any person to transact business or refer to the name of a business as a "pharmacy" or "apothecary" unless the place of business is a pharmacy licensed by the New York State Education Department.

Although the scope of practice of acupuncture, as set forth in Education Law Section 8211(1)(a), was amended, in 2016, to include the recommendation of dietary supplements and natural products, the use of the term "pharmacy," "pharmacists," or "apothecary" in relation to the practice of acupuncture is prohibited by Education Law Section 6811(6).

Last Updated: October 6, 2017