By Danburg H.B. No. 2417 75R8788 T A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the registration of Reiki Practitioners; providing 1-3 civil and criminal penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 71, Revised Statutes, is amended by adding 1-6 Article 4590f to read as follows: 1-7 Art. 4590f. REIKI PRACTITIONERS REGISTRY 1-8 Sec. 1. SHORT TITLE. This article may be cited as the Reiki 1-9 Practitioner Registry Act. 1-10 Sec. 2. PURPOSE. To safeguard the public health, safety and 1-11 welfare and to prevent consumer fraud from the use of the term 1-12 Reiki to represent the person is competent in the ancient healing 1-13 art of Reiki when such person is not competent to practice Reiki, 1-14 it is the purpose of this Act to provide for a system of voluntary 1-15 registration and certification of persons delivering or teaching 1-16 the ancient art of Reiki. 1-17 Sec. 3. DEFINITIONS. In this Act: 1-18 (1) "Board" means the Texas Board of Health. 1-19 (2) "Reiki One Practitioner" means a person who has 1-20 completed a minimum of nine hours of course work over a minimum of 1-21 a two day period in a Board approved Reiki One course taught by a 1-22 registered Reiki Master Teacher and has passed a Reiki One 1-23 examination administered by the Board. 1-24 (3) "Reiki Two Practitioner" means a person who has 2-1 completed the course work requirement for a Reiki One Practitioner, 2-2 has completed a minimum of nine hours of course work over a minimum 2-3 of a two day period in a Board approved Reiki Two course taught by 2-4 a Reiki Master Teacher and has passed a Reiki Two examination 2-5 administered by the Board. 2-6 (4) "Reiki Professional Practitioner" means a person 2-7 who has completed the course work required for registration as a 2-8 Reiki One Practitioner and a Reiki Two Practitioner, has passed a 2-9 Reiki Two examination administered by the Board, and has obtained a 2-10 Reiki Professional Degree issued by a Reiki Master Teacher. 2-11 (5) "Reiki Master Teacher" means a person who has 2-12 received a Reiki Master Teacher degree issued by a Reiki Touch or 2-13 Reiki Alliance Master Teacher. 2-14 Sec. 4. PROHIBITED ACTS. (a) A person may not represent to 2-15 the public that the person is qualified to or practices to deliver 2-16 services as a Reiki One Practitioner, Reiki Two Practitioner, Reiki 2-17 Professional Practitioner, or Reiki Master Teacher unless such 2-18 person is registered with such designation with Board in compliance 2-19 with this Act. 2-20 (b) A person may not represent that the person performs 2-21 Reiki services unless that person is registered with Board in 2-22 compliance with this Act. 2-23 (c) A person may not use the word "Reiki" in connection with 2-24 their delivery of services unless that person is registered with 2-25 Board in compliance with this Act. 2-26 (d) A person registered with Board under this Act may not 2-27 perform services for which a registration or license is required by 3-1 any other law unless that person is registered or licensed under 3-2 such other law. 3-3 (e) A person may represent to the public that such person is 3-4 a "Registered Reiki One Practitioner", a "Registered Reiki Two 3-5 Practitioner", a "Registered Reiki Professional Practitioner" or a 3-6 "Reiki Master Teacher as long as that person is properly registered 3-7 as such under this Act. 3-8 Sec. 5. DUTIES OF BOARD, ADVISORY COUNCIL. (a) The board 3-9 shall adopt procedural rules to implement the registration 3-10 procedures under this Act. The board also may adopt substantive 3-11 and procedural rules relating to: 3-12 (1) the minimum requirements for registration not 3-13 inconsistent with this Act; 3-14 (2) the probation, suspension, denial or revocation of 3-15 a registration; 3-16 (3) the setting of fees under this Act; and 3-17 (4) the adoption of forms required by this Act. 3-18 (b) The board may not adopt substantive rules relating to 3-19 this Act other than substantive rules described by Subsection 9(a) 3-20 of this section or Section 3 of this Act. 3-21 (c) The board shall appoint a five member advisory council 3-22 to be known as the Advisory Council of the Reiki Registry to advise 3-23 the board on matters relating to implementation of this Act. The 3-24 members shall be appointed from different geographical areas within 3-25 the state to ensure representation of urban and rural interests 3-26 whenever possible. 3-27 (d) The board shall appoint members of the council as 4-1 follows: 4-2 (1) two must be Reiki master Teachers eligible for 4-3 registration under this Act as a Reiki Master Teacher; 4-4 (2) one must be a physician licensed and practicing in 4-5 this State; and 4-6 (3) two must be consumers who do not have, and whose 4-7 spouses do not have, a direct or indirect interest in any health 4-8 care related business or trade association. 4-9 (e) The council shall annually elect a chairman and a 4-10 vice-chairman. 4-11 (f) A council member is not entitled to compensation for 4-12 service on the council, but is entitled to the per diem and 4-13 transportation allowance for state officials set in the General 4-14 Appropriations Act for each day that the member engages in the 4-15 business of the council. 4-16 (g) Members are appointed for staggered terms of six years, 4-17 with three terms beginning March 1 of each odd-numbered year. 4-18 Members shall serve until the expiration of the term to which they 4-19 have been appointed or until their successors have qualified. A 4-20 member may not serve more than two terms. 4-21 Sec. 6. POWERS AND DUTIES OF DEPARTMENT. (a) The 4-22 department shall administer this Act. 4-23 (b) The department shall investigate persons engaging in 4-24 practices that violate this Act and shall investigate all 4-25 complaints filed with the department against persons registered 4-26 under this Act. 4-27 (c) The department may employ administrative and clerical 5-1 staff as necessary to carry out this Act. 5-2 Sec. 7. EXAMINATIONS. (a) The department shall administer 5-3 a written qualifying examination once a year to applicants for 5-4 registration as a Reiki One Practitioner and a Reiki Two 5-5 Practitioner. The qualifying examinations shall be professionally 5-6 constructed and validated and objectively administered and scored. 5-7 (b) If a person fails to pass a qualifying examination, the 5-8 person may reapply to take a subsequent examination. An applicant 5-9 who fails two successive examinations may not reapply until the 5-10 applicant completes any remedial work required by the department. 5-11 Sec. 8. CERTIFICATE OF REGISTRATION. (a) On application 5-12 and payment of a registration fee, the department shall issue a 5-13 certificate of registration to each applicant who: 5-14 (1) presents evidence satisfactory to the department 5-15 that the applicant has successfully completed the number of 5-16 classroom hours required by this Act; and 5-17 (2) passes the appropriate examination required under 5-18 Section 7 of this Act. 5-19 (b) A person may qualify and be registered as a Reiki One 5-20 Practitioner, a Reiki Two Practitioner, a Reiki Professional 5-21 Practitioner or a Reiki Master Teacher or each of the foregoing. 5-22 (c) A person issued a certificate by the department shall 5-23 display the certificate in an appropriate public manner as 5-24 specified by board rule. 5-25 (d) A certificate of registration is the property of the 5-26 department and must be surrendered on demand. 5-27 Sec. 9. RENEWAL OF REGISTRATION. (a) A certificate of 6-1 registration issued under this Act is valid for one year from the 6-2 date of issuance. To renew the registration, the registrant must 6-3 submit an application for renewal in the manner prescribed by the 6-4 board. The application must be accompanied by a renewal fee and 6-5 evidence that the applicant has successfully completed the 6-6 continuing education courses required by board rule. The board 6-7 may not require more than four classroom hours of continuing 6-8 education courses per year. No continuing education requirements 6-9 may be required of Reiki Master Teachers. 6-10 (b) The department shall adopt a system under which 6-11 registrations expire and are renewed on various dates of the year. 6-12 (c) A person registered under this Act who does not renew 6-13 the registration by the expiration date may renew the registration 6-14 not later than the 180th day after the expiration date by paying a 6-15 late registration fee as prescribed by the board. 6-16 (d) The registration of a person who fails to meet the 6-17 renewal requirements under this section is void until the person 6-18 submits a new application, pays the appropriate fees, and meets the 6-19 current requirements for registration. 6-20 Sec. 10. ENFORCEMENT; PENALTY. (a) The board, the attorney 6-21 general, or the district or county attorney for the county in which 6-22 an alleged violation of this Act occurs, on the verified complaint 6-23 of any person, shall enforce this Act and rules adopted under this 6-24 Act by appropriate administrative proceedings or appropriate 6-25 judicial proceedings in a court of competent jurisdiction. 6-26 (b) A person commits an offense if the person violates this 6-27 Act. An offense under this Act is a Class B misdemeanor. 7-1 (c) The attorney general or an attorney representing the 7-2 state may sue in a court of competent jurisdiction to enjoin or 7-3 restrain a person from violating this Act or a rule adopted under 7-4 this Act. 7-5 (d) In addition to granting injunctive relief or any other 7-6 remedy provided by law, a court may impose a civil penalty for a 7-7 violation of this Act or a rule adopted under this Act. 7-8 Sec. 11. FEES; FUND. (a) The board by rule shall prescribe 7-9 fees in the amounts necessary to administer this Act, not to 7-10 exceed: 7-11 (1) $100 for an initial application for a 7-12 registration; 7-13 (2) $50 for the issuance of a certificate of 7-14 registration; 7-15 (3) $30 for the annual renewal certificate of 7-16 registration; and 7-17 (4) $20 for issuance of a duplicate certificate of 7-18 registration or renewal certificate of registration. 7-19 (b) The board shall deposit all amounts received under this 7-20 Act in the state treasury to the credit of a special fund known as 7-21 the Reiki registry fund. Money in that fund is hereby appropriated 7-22 to the department to be used by the Texas Department of Health for 7-23 the administration of this Act. 7-24 Sec. 12. DENIAL, SUSPENSION, REVOCATION, AND PROBATION. (a) 7-25 The department may refuse to issue a certificate of registration to 7-26 an applicant, suspend or revoke a certificate of registration, or 7-27 place on probation an individual who is registered under this Act 8-1 if the individual: 8-2 (1) obtains a certificate by means of fraud, 8-3 misrepresentation, or concealment of material facts; 8-4 (2) sells, barters, or offers to sell or barter a 8-5 certificate of registration; 8-6 (3) violates Sec. 4 of this Act; or 8-7 (4) practices any other activity for which 8-8 registration or license is required by other law without such 8-9 registration or license. 8-10 (b) A person whose application of registration is denied, 8-11 suspended, or revoked is entitled to a hearing before the 8-12 department if the person submits a written request for a hearing to 8-13 the department. A hearing is governed by department rules for a 8-14 contested hearing and by the Administrative Procedure and Texas 8-15 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes). 8-16 Sec. 13. APPLICATION OF THIS ACT. (a) This Act does not 8-17 prevent, limit or restrict a person licensed in this state under 8-18 any other law from engaging in the profession or occupation for 8-19 which the person is licensed and does not require such a person to 8-20 be registered under this Act. 8-21 (b) This Act does not prevent, limit, or restrict an 8-22 employee of a person licensed in this state from performing the 8-23 duties of employment required by the licensed person and does not 8-24 require the employee to be registered under this Act. 8-25 (c) This Act does not prohibit the Texas State Board of 8-26 Medical Examiners, the attorney general, or any other person 8-27 authorized by law from bringing appropriate actions to enforce the 9-1 statutes of this state relating to the practice of medicine without 9-2 a license. 9-3 Sec. 14. INITIAL APPOINTMENTS. The term of an initial 9-4 appointee to the council shall be determined by lot as follows: 9-5 (1) two members are appointed for terms expiring March 9-6 1, 1999; 9-7 (2) two members are appointed for terms expiring March 9-8 1, 2001; and 9-9 (3) one member is appointed for a term expiring March 9-10 1, 2003. 9-11 SECTION 2. EFFECTIVE DATE. (a) Except as provided in 9-12 Subsection (b) of this Section, this Act takes effect September 1, 9-13 1997. 9-14 (b) Sections 4 and 10 of this act take effect September 1, 9-15 1998 and a person subject to this Act is not required to be 9-16 registered until September 1, 1998. 9-17 (c) The department shall prorate initial registration fees 9-18 so that a registered person pays only for the part of the year that 9-19 occurs up to the expiration date of the registration. 9-20 (d) A person who has been actively engaging in the practice 9-21 of Reiki One or Reiki Two is entitled to a certificate of 9-22 registration without examination if the person: 9-23 (1) meets the other qualifications contained with the 9-24 definition of such registration in Section 3 of this Act; 9-25 (2) applies to the department not later than August 9-26 31, 1998; and 9-27 (3) pays the registration fee set by the department. 10-1 SECTION 3. The importance of this legislation and the 10-2 crowded condition of the calendars in both houses create an 10-3 emergency and an imperative public necessity that the 10-4 constitutional rule requiring bills to be read on three several 10-5 days in each house be suspended, and this rule is hereby suspended, 10-6 and that this Act take effect and be in force according to its 10-7 terms, and it is so enacted.