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.