BG S.B. 1765 75(R)BILL ANALYSIS PUBLIC HEALTH S.B. 1765 By: Moncrief (Counts) 5-8-97 Committee Report (Amended) BACKGROUND Currently, the law requires a practitioner of acupuncture to have a license for full-body acupuncture, which 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," the vast majority of which were not licensed physicians or licensed full-body acupuncturists, but nurses, social workers, and licensed chemical dependency counselors. These individuals are now subject to criminal penalties if they continue to provide acudetox services. This bill will provide regulations for acudetox specialists. PURPOSE S.B. 1765 provides regulations for 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 2 (Section 6.118(c), Article 4495b, Vernon's Texas Civil Statutes) and it is specified that those rules must be adopted by January 1, 1998 in SECTION 3. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 6.02, Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), to define "acudetox specialist." Makes conforming changes. SECTION 2. Amends Subchapter F, Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), by adding Section 6.118, as follows: Sec. 6.118. ACUDETOX SPECIALIST. Allows the Texas State Board of Medical Examiners (board) to certify a person as an acudetox specialist if the person meets certain requirements, as specified. Authorizes the board to annually renew the certification of a person certified as an acudetox specialist if the person meets certain requirements as specified. Requires a certified acudetox specialist to practice acupuncture only to the extent allowed by rules adopted by the medical board, in a facility approved by the Texas Commission on Alcohol and Drug Abuse (TACADA) for the treatment of alcoholism, substance abuse, or chemical dependency, and under the supervision of a licensed acupuncturist or of a physician. Sets forth requirements for a program that includes the services of an acudetox specialist. SECTION 3. Requires the board to adopt rules for the certification, practice, and continuing education of acudetox specialists under Section 6.118, Article 4495b, V.T.C.S., as added by this Act, not later than January 1, 1998. Requires the Texas Board of Acupuncture Examiners, no later than October 1, 1997, to submit recommendations to the board regarding rules for certification, practice, and continuing education for acudetox specialists. SECTION 4. Effective date: September 1, 1997. SECTION 5. Emergency clause. EXPLANATION OF AMENDMENTS The committee amendment removes from the requirement concerning the extent to which an certified acutox specialist may practice acupuncture in Sec. 6.118, the specified condition that it be in a TCADA approved facility.