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.