Brazil Enacts Law Regulating Professional Practice of Acupuncture

Historic Regulation Signed into Law

Brazil has officially regulated the professional practice of acupuncture, marking a significant development for the traditional Chinese medicine therapy in the country. President Luiz Inácio Lula da Silva enacted Law No. 15,345, which was published this week, formalizing the practice and setting clear guidelines for its application.

The new legislation aims to provide legal clarity and professional standards for acupuncturists, ending a prolonged period of debate and judicial disputes regarding the scope of practice for various health professionals.

Defining Acupuncture and Professional Scope

According to the newly enacted law, acupuncture is characterized as 'a set of techniques and therapies consisting of stimulating specific points on the human body through the use of appropriate needles and specific instruments and procedures.' The primary goal of this practice is to 'maintain or restore the balance of the physical and mental functions of the human body.'

The regulation outlines specific criteria for individuals authorized to practice acupuncture:

• Those holding a higher education degree in acupuncture issued by a recognized educational institution.
• Professionals with a degree in a similar or equivalent course obtained overseas, provided it is validated and registered with the competent Brazilian authorities.
• Higher education health professionals who possess a specialist title in acupuncture recognized by their respective federal councils.

Additionally, the law provides a pathway for non-licensed professionals who have been practicing acupuncture continuously for at least five years to gain authorization, contingent on proving their experience.

Addressing Multidisciplinary Practice

The new rules also clarify the use of acupuncture procedures within other health professions. They guarantee the right for other health professionals to utilize isolated and specific acupuncture techniques as part of their regular practice, provided they complete a specific extension course taught by a recognized educational institution.

This aspect of the law is particularly relevant given the historical context in Brazil, where various health councils, such as the Federal Council of Physical Therapy and Occupational Therapy (COFFITO), had already recognized acupuncture as a specialty for their professionals. COFFITO, for instance, was a pioneer in this recognition, establishing acupuncture as a specialty for physiotherapists and occupational therapists decades ago.

End to the 'Battle of the Needles'

The regulation is expected to resolve what was popularly known as the 'battle of the needles,' a long-standing legal conflict over the exclusivity of acupuncture practice, primarily between medical councils and other health professions. The legislative process leading to this law, notably Bill 5983/2019, involved extensive deliberation in the Federal Senate, culminating in its approval in late 2024. The enactment of this law provides a unified legal framework, bringing greater security and clarity to the practice of acupuncture across Brazil.