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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of acupuncture services by a chiropractor |
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under a certificate issued by the Texas Board of Chiropractic |
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Examiners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.002(a)(3), Occupations Code, is |
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amended to read as follows: |
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(3) "Incisive or surgical procedure" includes making |
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an incision into any tissue, cavity, or organ by any person or |
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implement. The term does not include the use of: |
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(A) a needle for the purpose of drawing blood for |
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diagnostic testing; or |
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(B) an acupuncture needle for the purpose of |
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treating a condition within the scope of practice of chiropractic. |
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SECTION 2. Section 201.356, Occupations Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) As part of the minimum number of hours of continuing |
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education required to renew a license, the board shall require a |
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license holder who is authorized to provide acupuncture services |
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under Section 201.454 to complete not less than eight hours of |
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continuing education relating to acupuncture. |
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SECTION 3. Subchapter J, Chapter 201, Occupations Code, is |
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amended by adding Section 201.454 to read as follows: |
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Sec. 201.454. ACUPUNCTURE SERVICES CERTIFICATE. The board |
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shall issue a certificate authorizing a chiropractor to provide |
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acupuncture services for a condition within the scope of practice |
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of chiropractic if the chiropractor submits proof to the board that |
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the chiropractor has completed not less than 100 hours of didactic |
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and practical training in the use and administration of |
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acupuncture, as determined by board rule, as part of a bona fide |
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reputable doctor of chiropractic degree program or at an |
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acupuncture school approved by the Texas State Board of Acupuncture |
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Examiners. |
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SECTION 4. Section 201.502, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) The board may refuse to admit a person to examinations |
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and may revoke or suspend a license or place a license holder on |
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probation for a period determined by the board for: |
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(1) violating this chapter or a rule adopted under |
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this chapter, including committing an act prohibited under Section |
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201.5025; |
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(2) engaging in deception or fraud in the practice of |
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chiropractic; |
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(3) presenting to the board or using a license, |
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certificate, or diploma or a transcript of a license, certificate, |
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or diploma that was illegally or fraudulently obtained, |
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counterfeited, or materially altered; |
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(4) presenting to the board an untrue statement or a |
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document or testimony that was illegally used to pass the |
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examination; |
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(5) being convicted of a crime involving moral |
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turpitude or a felony; |
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(6) procuring or assisting in the procuring of an |
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abortion; |
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(7) engaging in grossly unprofessional conduct or |
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dishonorable conduct of a character likely to deceive or defraud |
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the public; |
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(8) having a habit of intemperance or drug addiction |
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or another habit that, in the opinion of the board, endangers the |
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life of a patient; |
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(9) using an advertising statement that is false or |
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that tends to mislead or deceive the public; |
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(10) directly or indirectly employing or associating |
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with a person who, in the course of the person's employment, commits |
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an act constituting the practice of chiropractic when the person is |
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not licensed to practice chiropractic; |
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(11) advertising professional superiority, or |
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advertising the performance of professional services in a superior |
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manner, if that advertising is not readily subject to verification; |
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(12) purchasing, selling, bartering, using, or |
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offering to purchase, sell, barter, or use a chiropractic degree, |
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license, certificate, or diploma or transcript of a license, |
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certificate, or diploma in or relating to an application to the |
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board for a license to practice chiropractic; |
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(13) altering with fraudulent intent a chiropractic |
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license, certificate, or diploma or transcript of a chiropractic |
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license, certificate, or diploma; |
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(14) impersonating or acting as proxy for another in |
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an examination required by this chapter for a chiropractic license; |
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(15) impersonating a licensed chiropractor; |
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(16) allowing one's chiropractic license to be used by |
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another person to practice chiropractic; |
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(17) being proved insane by a person having authority |
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to make that determination; |
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(18) failing to use proper diligence in the practice |
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of chiropractic or using gross inefficiency in the practice of |
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chiropractic; |
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(19) failing to clearly differentiate a chiropractic |
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office or clinic from another business or enterprise; |
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(20) personally soliciting a patient or causing a |
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patient to be solicited by the use of a case history of another |
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patient of another chiropractor; |
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(21) using for the purpose of soliciting patients an |
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accident report prepared by a peace officer in a manner prohibited |
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by Section 38.12, Penal Code; |
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(22) advertising using the term "physician" or |
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"chiropractic physician" or any combination or derivation of the |
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term "physician"; [or] |
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(23) advertising in a manner that implies the license |
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holder is authorized to offer the full range of acupuncture |
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treatments or services as a person licensed under Chapter 205, |
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including advertising using the terms or phrases "acupuncturist," |
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"licensed acupuncturist," "L.Ac.," "traditional Chinese medicine," |
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"degreed in acupuncture," or "Board Certified in Acupuncture"; or |
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(24) failing to submit fingerprints to the board or |
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Department of Public Safety to enable the board to obtain criminal |
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history record information as required by Section 201.313. |
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(b-1) Notwithstanding Subsection (a)(23), a license holder |
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may use the phrase "Board Certified in Chiropractic Acupuncture" if |
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the license holder is certified to provide acupuncture services |
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under Section 201.454. |
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SECTION 5. The Texas Board of Chiropractic Examiners shall |
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issue a certificate under Section 201.454, Occupations Code, as |
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added by this Act, to a chiropractor who: |
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(1) applies to the board for the issuance of the |
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certificate on or before September 1, 2024; |
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(2) as of August 31, 2023, was authorized to provide |
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acupuncture services under board rules in existence on that date; |
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and |
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(3) submits to the board proof of completion of the |
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training required by board rules described by Subdivision (2) of |
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this section. |
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SECTION 6. This Act takes effect September 1, 2023. |