Amend SB 361 as follows:
      Amend Subchapter F, Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes), by adding section 6.118 to read as
follows:
                       Rehabilitation Order
      Sec. 6.118 (a)  The board, through an agreed order or after a
contested proceeding, may impose a nondisciplinary rehabilitation
order on any licensee or, as a prerequisite for issuing a license,
on any licensure applicant based on one or more of the following:
            (1)  intemperate use of drugs or alcohol directly
resulting from habituation or addiction caused by medical care or
treatment provided by a physician;
            (2)  self-reported intemperate use of drugs or alcohol
during the last five years immediately preceding the report which
could adversely affect the reporter's ability to safely practice as
an acupuncturist, but only if the reporting individual has not
previously been the subject of a substance abuse related order of
the board;
            (3)  judgment by a court of competent jurisdiction that
the individual is of unsound mind; or
            (4)  results from a mental or physical examination, or
admissions by the individual, indicating that the licensee or
applicant suffers from a potentially dangerous limitation or an
inability to safely practice as an acupuncturist with reasonable
skill and safety by reason of illness or as a result of any
physical or mental condition.
      (b)  A rehabilitation order entered pursuant to this section
shall be a nondisciplinary private order and shall contain findings
of fact and conclusions of law.  A rehabilitation order, if entered
by agreement, shall be an agreed disposition or settlement
agreement for purposes of civil litigation and shall be exempt from
the open records law, Chapter 552, Government Code.
      (c)  A rehabilitation order entered pursuant to this section
may impose a revocation, cancellation, suspension, period of
probation or restriction, or any other terms and conditions
authorized under this Act or as otherwise agreed to by the board
and the individual subject to the order.
      (d)  Violation of a rehabilitation order entered pursuant to
this section may result in disciplinary action under the provisions
of this Act for contested matters or pursuant to the terms of the
agreed order.  A violation of a rehabilitation order may be grounds
for disciplinary action based on unprofessional or dishonorable
conduct or on any of the provisions of this Act which may apply to
the misconduct which resulted in violation of the rehabilitation
order.
      (e)  The rehabilitation orders entered pursuant to this
section shall be kept in a confidential file which shall be subject
to an independent audit by state auditors or private auditors
contracted with by the board to perform such an audit.  Audits may
be performed at any time at the direction of the board but shall be
performed at least once every three years.  The audit results shall
be reported in a manner that maintains the confidentiality of all
licensees who are subject to rehabilitation orders and shall be a
public record.  The audit shall be for the purposes of ensuring
that only qualified licensees are subject to rehabilitation
orders.