LSL H.B. 1956 75(R)    BILL ANALYSIS


PUBLIC HEALTH
H.B. 1956
By: Counts
4-9-97
Committee Report (Unamended)


BACKGROUND 

Acudetox, or auricular acupuncture, refers to the limited use of
acupuncture needles in the ear for the treatment of chemical dependency.
Acudetox is an ancillary treatment procedure used to supplement such
traditional regimes as twelve-step programs and drug counseling.   

District judges, district and county attorneys, law enforcement personnel,
medical doctors, nurses, and other human service professionals statewide
support acudetox as a vital link in the recovery process.  A pilot study
at a Waco MHMR center with dually-diagnosed clients showed that acudetox
treatments resulted in reduced drug use and a 93% reduction in inpatient
hospital stays, saving $14,000 on 16 clients in a six-month period.  

Currently, the law requires a practitioner of acupuncture to have a
license for full-body acupuncture, which currently requires approximately
four years of schooling.  For many years, numerous individuals have
practiced the limited use of acupuncture in the ear for treatment of
addictions such as chemical dependency, alcoholism, and smoking.  These
treatments were administered by "acudetox technicians," and the vast
majority were not licensed physicians or licensed full-body
acupuncturists, but nurses, social workers, and licensed chemical
dependency counselors.   

The Texas Board of Acupuncture Examiners recently voted to outlaw acudetox
technicians in Texas. These individuals are now subject to criminal
penalties if they continue to provide acudetox services. 

PURPOSE

H.B. 1956 allows an acudetox treatment specialist to be certified with
certain provisions, subject to rules adopted by the Texas Board of Medical
Examiners for the certification, practice, and continuing education of
acudetox specialists. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas State Board of Medical Examiners in
SECTION 3, which stipulates that the rules must by adopted by January 1,
1998, and address the certification, practice and continuing education of
acudetox specialists.  SECTION 2 (Sec. 6.118(c), Subchapter F, Medical
Practice Act (Article 4495b, Vernon's Texas Civil Statutes) references
such rules.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sec. 6.02, Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes), to add the definition of "acudetox
specialist," and renumber the subsections accordingly. 

SECTION 2.  Amends Subchapter F, Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes), by adding Sec. 6.118, as follows: 

Subsection (a) allows a person to be certified by the medical board as an
acudetox specialist without holding a license if the person provides
specified documentation and  pays a certification fee in an amount set by
the medical board. 


Subsection (b) stipulates that a person certified as an acudetox
specialist may renew certification each year by presenting specified
documentation and paying the certification renewal fee to the medical
board. 

Subsection (c) allows an acudetox specialist to only practice acupuncture
to the extent allowed by medical board rule and only under the supervision
of a licensed acupuncturist or physician in a facility approved by TCADA
for alcohol, substance abuse or chemical dependency treatment.  

Subsection (d) requires a program involving the services of an acudetox
specialist to notify each program participant of the qualifications of the
acudetox specialist and the procedure for registering a complaint with the
medical board.  Requires the program to keep a record of each client's
name, date of service, and the name, signature and title of the acudetox
specialist. 

SECTION 3.  Requires the Texas Board of Medical Examiners to adopt rules
for the certification, practice, and continuing education of acudetox
specialists under Sec. 6.118 of the Medical Practice Act by January 1,
1998. 

SECTION 4.  Emergency clause.  Effective upon passage.