H.B. No. 1106

AN ACT

relating to the training of and the provision of acupuncture services by an acudetox specialist.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 205.303, Occupations Code, is amended to read as follows:

Sec. 205.303. ACUDETOX SPECIALIST. (a) The medical board may certify a person as an acudetox specialist under this section if the person:

(1) provides to the medical board documentation that the person:

(A) is a licensed social worker, licensed professional counselor, including a person licensed under Section 503.308, licensed psychologist, licensed chemical dependency counselor, licensed marriage and family therapist, licensed marriage and family therapist associate, licensed vocational nurse, [or] licensed registered nurse, licensed physician assistant, or other licensed or certified professional approved by the medical board; and

(B) has successfully completed a training program in auricular acudetox [acupuncture detoxification] that meets or exceeds the training [guidelines] approved by the medical board; and

(2) pays a certification fee in an amount set by the medical board.

(b) An acudetox specialist may practice five-point auricular acupuncture only[:

[(1)] to the extent allowed by rules adopted by the medical board for the treatment of addiction, trauma, or physical, emotional, or psychological stress [alcoholism, substance abuse, or chemical dependency; and

[(2) under the supervision of a licensed acupuncturist or physician].

(c) An [A program that includes the services of an] acudetox specialist shall:

(1) obtain informed consent from each client and notify each client [participant in the program] of the qualifications of the acudetox specialist and of the procedure for registering a complaint regarding the acudetox specialist with the medical board; and

(2) keep a record of each client's name and[,] the date the client received the acudetox specialist's services, accompanied by the signature and printed name [and the name, signature, and certification number] of the acudetox specialist.

(d) The [medical board may annually renew the] certification of an acudetox specialist expires on the third anniversary of the date of issuance and may be renewed before the expiration of the certification [under this section] if the person:

(1) provides to the medical board documentation that:

(A) the certification or license required under Subsection (a)(1)(A) is in effect; and

(B) the person has successfully met continuing education requirements established by the medical board under Subsection (e); and

(2) pays a certification renewal fee in an amount set by the medical board.

(e) The medical board by rule shall establish continuing education requirements for an acudetox specialist [that, at a minimum, include six hours of education in the practice of acupuncture and a course in either clean needle technique or universal infection control precaution procedures]. The board shall require in rules adopted under this subsection that the certification of an acudetox specialist may not be renewed unless the person completes at least three hours of continuing education in the licensing period before applying for the renewal.

SECTION 2. Section 205.303(a), Occupations Code, as amended by this Act, applies only to an application for certification or renewal of certification as an acudetox specialist submitted on or after the effective date of this Act. An application submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 1106 was passed by the House on April 19, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 1106 was passed by the Senate on May 17, 2023, by the following vote: Yeas 30, Nays 1.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

_____________________

Governor