By Counts                                             H.B. No. 1956

         75R8084 BEM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certification of certain persons who practice

 1-3     acupuncture.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 6.02, Medical Practice Act (Article

 1-6     4495b, Vernon's Texas Civil Statutes), is amended to read as

 1-7     follows:

 1-8           Sec. 6.02.  DEFINITIONS.  In this subchapter:

 1-9                 (1)  "Acudetox specialist" means a person who is

1-10     certified under this subchapter to practice acupuncture for the

1-11     limited purpose of treating alcoholism, substance abuse, and

1-12     chemical dependency.

1-13                 (2)  "Acupuncture" means:

1-14                       (A)  the insertion of an acupuncture needle and

1-15     the application of moxibustion to specific areas of the human body

1-16     as a primary mode of therapy to treat and mitigate a human

1-17     condition;  and

1-18                       (B)  the administration of thermal or electrical

1-19     treatments or the recommendation of dietary guidelines, energy flow

1-20     exercise, or dietary or herbal supplements in conjunction with the

1-21     treatment described by Paragraph (A) of this subdivision.

1-22                 (3) [(2)]  "Acupuncturist" means a person who practices

1-23     acupuncture.

1-24                 (4) [(3)]  "Acupuncture board" means the Texas State

 2-1     Board of Acupuncture Examiners.

 2-2                 (5) [(4)]  "Chiropractor" means a licensee of the Texas

 2-3     Board of Chiropractic Examiners.

 2-4                 (6) [(5)]  "Executive director" means the executive

 2-5     director of the Texas State Board of Medical Examiners.

 2-6                 (7) [(6)]  "Medical board" means the Texas State Board

 2-7     of Medical Examiners.

 2-8                 (8) [(7)]  "Physician" means a licensee of the Texas

 2-9     State Board of Medical Examiners.

2-10           SECTION 2.  Subchapter F, Medical Practice Act (Article

2-11     4495b, Vernon's Texas Civil Statutes), is amended by adding Section

2-12     6.118 to read as follows:

2-13           Sec. 6.118.  ACUDETOX SPECIALIST.  (a) A person may be

2-14     certified by the medical board as an acudetox specialist under this

2-15     section without holding a license under this subchapter if the

2-16     person:

2-17                 (1)  provides to the medical board documentation that:

2-18                       (A)  the person is:

2-19                             (i)  a certified social worker;

2-20                             (ii)  a licensed psychologist;

2-21                             (iii)  a licensed chemical dependency

2-22     counselor; or

2-23                             (iv)  a licensed registered nurse; and

2-24                       (B)  the person has successfully completed a

2-25     National  Acupuncture Detoxification Association training program

2-26     conducted by a certified trainer; and

2-27                 (2)  pays a certification fee in an amount set by the

 3-1     medical board.

 3-2           (b)  A person certified as an acudetox specialist under this

 3-3     section may renew the person's certification annually by:

 3-4                 (1)  presenting to the medical board documentation

 3-5     that:

 3-6                       (A)  the person's license or certification

 3-7     required under Subsection (a)(1)(A) of this section is valid; and

 3-8                       (B)  the person has completed during the

 3-9     preceding year continuing education established by the medical

3-10     board including:

3-11                             (i)  six hours of education in the practice

3-12     of acupuncture; and

3-13                             (ii)  a course in clean needle technique or

3-14     universal infection control precaution procedures; and

3-15                 (2)  paying the certification renewal fee in an amount

3-16     established by the medical board.

3-17           (c)  An acudetox specialist certified under this section may

3-18     only practice acupuncture to the extent allowed by medical board

3-19     rule and may only perform acupuncture in a facility approved by the

3-20     Texas Commission on Alcohol and Drug Abuse for the treatment of

3-21     alcoholism, substance abuse, or chemical dependency under the

3-22     supervision of a licensed acupuncturist or a physician.

3-23           (d)  A program that involves the services of an acudetox

3-24     specialist shall:

3-25                 (1)  notify each participant in the program of the

3-26     qualifications of the acudetox specialist and the procedure for

3-27     registering a complaint regarding the acudetox specialist with the

 4-1     medical board; and

 4-2                 (2)  keep a record of each client's name, the date the

 4-3     client received the acudetox specialist's services, and the name,

 4-4     signature, and title of the acudetox specialist.

 4-5           SECTION 3.  The Texas Board of Medical Examiners shall adopt

 4-6     rules for the certification, practice, and continuing education of

 4-7     acudetox specialists under Section 6.118, Medical Practice Act

 4-8     (Article 4495b, Vernon's Texas Civil Statutes), as added by this

 4-9     Act, not later than January 1, 1998.

4-10           SECTION 4.  The importance of this legislation and the

4-11     crowded condition of the calendars in both houses create an

4-12     emergency and an imperative public necessity that the

4-13     constitutional rule requiring bills to be read on three several

4-14     days in each house be suspended, and this rule is hereby suspended,

4-15     and that this Act take effect and be in force from and after its

4-16     passage, and it is so enacted.