By Madla S.B. No. 361
75R7862 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas State Board
1-3 of Acupuncture Examiners.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6.04, Medical Practice Act (Article
1-6 4495b, Vernon's Texas Civil Statutes), is amended by amending
1-7 Subsections (b), (d), (g), and (h) and adding Subsections (i)-(l)
1-8 to read as follows:
1-9 (b) A person [The following persons] may not serve on the
1-10 acupuncture board if the[:]
1-11 [(1) a] person [who] is required to register as a
1-12 lobbyist under Chapter 305, Government Code, because of the
1-13 person's activities for compensation on behalf of a profession
1-14 related to the operation of the medical board or acupuncture board
1-15 [and its subsequent amendments; and]
1-16 [(2) a person who is currently employed by or serving
1-17 as president, vice-president, secretary, or treasurer of a
1-18 statewide or national organization incorporated for the purpose of
1-19 representing a health care profession in this state or the United
1-20 States].
1-21 (d) The governor shall designate a member of the acupuncture
1-22 board as the presiding officer of the acupuncture board to serve in
1-23 that capacity at the pleasure of the governor [from the members of
1-24 the acupuncture board].
2-1 (g) A person is not eligible for appointment as a public
2-2 member of the acupuncture board if the person or the person's
2-3 spouse:
2-4 (1) is registered, certified, or licensed by an
2-5 occupational regulatory agency in the field of health care;
2-6 (2) is employed by or participates in the management
2-7 of a business entity or other organization regulated by the medical
2-8 board or receiving funds from the medical board or acupuncture
2-9 board;
2-10 (3) owns or controls, directly or indirectly, more
2-11 than a 10 percent interest in a business entity or other
2-12 organization regulated by the medical board or acupuncture board or
2-13 receiving funds from the medical board; or
2-14 (4) uses or receives a substantial amount of tangible
2-15 goods, services, or funds from the medical board or acupuncture
2-16 board, other than compensation or reimbursement authorized by law
2-17 for the acupuncture board membership, attendance, or expenses.
2-18 (h) An officer, employee, or paid consultant of a Texas
2-19 trade association in the field of health care may not be a member
2-20 of the acupuncture board or an employee of the medical board who is
2-21 exempt from the state's position classification plan or is
2-22 compensated at or above the amount prescribed by the General
2-23 Appropriations Act for step 1, salary group 17, of the position
2-24 classification salary schedule.
2-25 (i) A person who is the spouse of an officer, manager, or
2-26 paid consultant of a Texas trade association in the field of health
2-27 care may not be a member of the acupuncture board and may not be an
3-1 employee of the medical board who is exempt from the state's
3-2 position classification plan or is compensated at or above the
3-3 amount prescribed by the General Appropriations Act for step 1,
3-4 salary group 17, of the position classification salary schedule.
3-5 (j) For the purposes of this section, a Texas trade
3-6 association is a nonprofit, cooperative, and voluntarily joined
3-7 association of business or professional competitors in this state
3-8 designed to assist its members and its industry or profession in
3-9 dealing with mutual business or professional problems and in
3-10 promoting their common interest [The acupuncture board is subject
3-11 to the open meetings law, the open records law, and the
3-12 Administrative Procedure Act and any subsequent amendments].
3-13 (k) Appointments to the acupuncture board shall be made
3-14 without regard to the race, color, disability, sex, religion, age,
3-15 or national origin of the appointees.
3-16 (l) [(h)] The acupuncture board is subject to Chapter 325,
3-17 Government Code (Texas Sunset Act). Unless continued in existence
3-18 as provided by that chapter, the board is abolished and this
3-19 subchapter expires September 1, 2005 [1997].
3-20 SECTION 2. Subchapter F, Medical Practice Act (Article
3-21 4495b, Vernon's Texas Civil Statutes), is amended by adding
3-22 Sections 6.041 and 6.042 to read as follows:
3-23 Sec. 6.041. GROUNDS FOR REMOVAL FROM ACUPUNCTURE BOARD.
3-24 (a) It is a ground for removal from the acupuncture board if a
3-25 member:
3-26 (1) does not have at the time of appointment the
3-27 qualifications required by Sections 6.04(a) and (g) of this Act;
4-1 (2) does not maintain during service on the
4-2 acupuncture board the qualifications required by Sections 6.04(a)
4-3 and (g) of this Act;
4-4 (3) violates a prohibition established by Section
4-5 6.04(b), (h), or (i) of this Act;
4-6 (4) cannot because of illness or disability discharge
4-7 the member's duties for a substantial part of the term for which
4-8 the member is appointed; or
4-9 (5) is absent from more than half of the regularly
4-10 scheduled acupuncture board meetings that the member is eligible to
4-11 attend during a calendar year unless the absence is excused by
4-12 majority vote of the acupuncture board.
4-13 (b) The validity of an action of the acupuncture board is
4-14 not affected by the fact that it is taken when a ground for removal
4-15 of an acupuncture board member exists.
4-16 (c) If the executive director of the medical board has
4-17 knowledge that a potential ground for removal of a member of the
4-18 acupuncture board exists, the executive director shall notify the
4-19 presiding officer of the acupuncture board of the potential ground.
4-20 The presiding officer shall then notify the governor and the
4-21 attorney general that a potential ground for removal exists. If
4-22 the potential ground for removal involves the presiding officer,
4-23 the executive director of the medical board shall notify the next
4-24 highest officer of the acupuncture board, who shall notify the
4-25 governor and the attorney general that a potential ground for
4-26 removal exists.
4-27 (d) The executive director of the medical board or the
5-1 executive director's designee shall provide to members of the
5-2 acupuncture board, as often as necessary, information regarding
5-3 their qualification for office under this subchapter and their
5-4 responsibilities under applicable laws relating to standards of
5-5 conduct for state officers.
5-6 Sec. 6.042. BOARD MEMBER TRAINING. (a) Before a member of
5-7 the acupuncture board may assume the member's duties and before the
5-8 member may be confirmed by the senate, the member must complete at
5-9 least one course of the training program established under this
5-10 section.
5-11 (b) A training program established under this section shall
5-12 provide information to the member regarding:
5-13 (1) the enabling legislation that created the
5-14 acupuncture board;
5-15 (2) the programs operated by the acupuncture board;
5-16 (3) the role and functions of the acupuncture board;
5-17 (4) the rules of the acupuncture board with an
5-18 emphasis on the rules that relate to disciplinary and investigatory
5-19 authority;
5-20 (5) the current budget for the acupuncture board;
5-21 (6) the results of the most recent formal audit of the
5-22 acupuncture board;
5-23 (7) the requirements of the:
5-24 (A) open meetings law, Chapter 551, Government
5-25 Code;
5-26 (B) open records law, Chapter 552, Government
5-27 Code; and
6-1 (C) administrative procedure law, Chapter 2001,
6-2 Government Code;
6-3 (8) the requirements of the conflict of interest laws
6-4 and other laws relating to public officials; and
6-5 (9) any applicable ethics policies adopted by the
6-6 medical board or the Texas Ethics Commission.
6-7 SECTION 3. Section 6.05, Medical Practice Act (Article
6-8 4495b, Vernon's Texas Civil Statutes), is amended to read as
6-9 follows:
6-10 Sec. 6.05. POWERS AND DUTIES OF ACUPUNCTURE BOARD.
6-11 (a) Subject to the advice and approval of the medical board, the
6-12 acupuncture board shall:
6-13 (1) establish qualifications for an acupuncturist to
6-14 practice in this state;
6-15 (2) establish minimum educational and training
6-16 requirements necessary for the acupuncture board to recommend that
6-17 the medical board issue a license to practice acupuncture;
6-18 (3) administer an examination that is validated by
6-19 independent testing professionals for a license to practice
6-20 acupuncture;
6-21 (4) develop requirements for licensure by endorsement
6-22 of other states;
6-23 (5) prescribe the application form for a license to
6-24 practice acupuncture;
6-25 (6) make recommendations on applications for licenses
6-26 to practice acupuncture;
6-27 (7) develop and implement policies that provide the
7-1 public with a reasonable opportunity to appear before the
7-2 acupuncture board and to speak on any issue under the jurisdiction
7-3 of the acupuncture board [establish a procedure for reporting and
7-4 processing complaints relating to the practice of acupuncture under
7-5 this article];
7-6 (8) establish the requirements for a tutorial program
7-7 for students who have completed at least 48 semester hours of
7-8 college; [and]
7-9 (9) develop and implement policies that clearly
7-10 separate the policy-making responsibilities of the acupuncture
7-11 board and the management responsibilities of the executive director
7-12 and the staff of the medical board; and
7-13 (10) recommend additional rules as are necessary for
7-14 the administration and enforcement of this subchapter.
7-15 (b) The acupuncture board shall comply with federal and
7-16 state laws related to program and facility accessibility. The
7-17 executive director of the medical board shall prepare and maintain
7-18 a written plan that describes how a person who does not speak
7-19 English can be provided reasonable access to the acupuncture
7-20 board's programs and services.
7-21 (c) Notwithstanding Subsection (a) of this section, the
7-22 acupuncture board has no independent rulemaking authority.
7-23 SECTION 4. Subchapter F, Medical Practice Act (Article
7-24 4495b, Vernon's Texas Civil Statutes), is amended by adding
7-25 Sections 6.051, 6.071, 6.075, and 6.085 to read as follows:
7-26 Sec. 6.051. PUBLIC INTEREST INFORMATION; COMPLAINTS.
7-27 (a) The acupuncture board shall prepare information of public
8-1 interest describing the functions of the acupuncture board and the
8-2 procedures by which complaints are filed with and resolved by the
8-3 acupuncture board. The acupuncture board shall make the
8-4 information available to the public and appropriate state agencies.
8-5 (b) The acupuncture board by rule shall establish methods by
8-6 which consumers and service recipients are notified of the name,
8-7 mailing address, and telephone number of the acupuncture board for
8-8 the purpose of directing complaints under this subchapter to the
8-9 acupuncture board. The acupuncture board may provide for that
8-10 notification:
8-11 (1) on each registration form, application, or written
8-12 contract for services of an individual or entity regulated under
8-13 this subchapter;
8-14 (2) on a sign prominently displayed in the place of
8-15 business of each individual or entity regulated under this
8-16 subchapter; or
8-17 (3) in a bill for service provided by an individual or
8-18 entity regulated under this subchapter.
8-19 (c) The acupuncture board shall keep a file about each
8-20 written complaint filed with the acupuncture board under this
8-21 subchapter that the acupuncture board has authority to resolve.
8-22 The acupuncture board shall provide to the person filing the
8-23 complaint and the persons or entities complained about the
8-24 acupuncture board's policies and procedures pertaining to complaint
8-25 investigation and resolution. The acupuncture board, at least
8-26 quarterly and until final disposition of the complaint, shall
8-27 notify the person filing the complaint and the persons or entities
9-1 complained about of the status of the complaint unless the notice
9-2 would jeopardize an investigation.
9-3 (d) The acupuncture board shall keep information about each
9-4 complaint filed with the acupuncture board under this subchapter.
9-5 The information shall include:
9-6 (1) the date the complaint is received;
9-7 (2) the name of the complainant;
9-8 (3) the subject matter of the complaint;
9-9 (4) a record of all persons contacted in relation to
9-10 the complaint;
9-11 (5) a summary of the results of the review or
9-12 investigation of the complaint; and
9-13 (6) for complaints for which the acupuncture board
9-14 took no action, an explanation of the reason the complaint was
9-15 closed without action.
9-16 Sec. 6.071. EXAMINATION RESULTS. (a) Not later than the
9-17 30th day after the date on which a licensing examination is
9-18 administered under this subchapter the acupuncture board shall
9-19 notify each examinee of the results of the examination. However,
9-20 if an examination is graded or reviewed by a national testing
9-21 service, the acupuncture board shall notify examinees of the
9-22 results of the examination not later than the 14th day after the
9-23 date on which the acupuncture board receives the results from the
9-24 testing service. If the notice of examination results graded or
9-25 reviewed by a national testing service will be delayed for longer
9-26 than 90 days after the examination date, the acupuncture board
9-27 shall notify the examinee of the reason for the delay before the
10-1 90th day. The acupuncture board may require a testing service to
10-2 notify examinees of the results of an examination.
10-3 (b) If requested in writing by a person who fails a
10-4 licensing examination administered under this subchapter, the
10-5 acupuncture board shall furnish the person with an analysis of the
10-6 person's performance on the examination if an analysis is available
10-7 from the national testing service.
10-8 Sec. 6.075. TEMPORARY LICENSE. (a) The acupuncture board
10-9 may issue a temporary license to an applicant who:
10-10 (1) is licensed in good standing as an acupuncturist
10-11 for at least two years in another state, the District of Columbia,
10-12 or a territory of the United States that has licensing requirements
10-13 that are substantially equivalent to the requirements of this
10-14 subchapter;
10-15 (2) submits an application on a form prescribed by the
10-16 acupuncture board;
10-17 (3) has passed a national or other examination
10-18 recognized by the acupuncture board relating to the practice of
10-19 acupuncture; and
10-20 (4) pays the appropriate fee prescribed by the medical
10-21 board.
10-22 (b) A temporary license is valid for 100 days from the date
10-23 issued and may be extended only for another 30 days after the date
10-24 the initial temporary license expires.
10-25 Sec. 6.085. ADVERTISING. (a) The medical board may not
10-26 adopt rules under this subchapter restricting competitive bidding
10-27 or advertising by a license holder except to prohibit false,
11-1 misleading, or deceptive practices.
11-2 (b) In its rules to prohibit false, misleading, or deceptive
11-3 practices, the medical board may not include a rule that:
11-4 (1) restricts the use of any medium for advertising;
11-5 (2) restricts the use of a license holder's personal
11-6 appearance or voice in an advertisement;
11-7 (3) relates to the size or duration of an
11-8 advertisement by the license holder; or
11-9 (4) restricts the license holder's advertisement under
11-10 a trade name.
11-11 SECTION 5. Section 6.09, Medical Practice Act (Article
11-12 4495b, Vernon's Texas Civil Statutes), is amended by adding
11-13 Subsections (c) and (d) to read as follows:
11-14 (c) All money paid to the medical board under this
11-15 subchapter is subject to Subchapter F, Chapter 404, Government
11-16 Code.
11-17 (d) The medical board shall prepare annually a complete and
11-18 detailed written report accounting for all funds received and
11-19 disbursed by the medical board under this subchapter during the
11-20 preceding fiscal year. The annual report must meet the reporting
11-21 requirements applicable to financial reporting provided in the
11-22 General Appropriations Act.
11-23 SECTION 6. Section 6.10, Medical Practice Act (Article
11-24 4495b, Vernon's Texas Civil Statutes), is amended to read as
11-25 follows:
11-26 Sec. 6.10. ISSUANCE AND RENEWAL OF LICENSE. (a) After
11-27 consulting the acupuncture board, the medical board shall issue a
12-1 license to practice acupuncture in this state to a person who meets
12-2 the requirements of this subchapter and the rules adopted under
12-3 this subchapter.
12-4 (b) The medical board may waive any prerequisite to
12-5 obtaining a license for an applicant after reviewing the
12-6 applicant's credentials and determining that the applicant holds a
12-7 valid license from another state that has license requirements
12-8 substantially equivalent to those of this state.
12-9 (c) The medical board shall by rule provide for the annual
12-10 renewal of a license to practice acupuncture.
12-11 (d) A person who is otherwise eligible to renew a license
12-12 may renew an unexpired license by paying the required renewal fee
12-13 to the medical board before the expiration date of the license. A
12-14 person whose license has expired may not engage in activities that
12-15 require a license until the license has been renewed under the
12-16 provisions of this section.
12-17 (e) If the person's license has been expired for 90 days or
12-18 less, the person may renew the license by paying to the medical
12-19 board one and one-half times the required renewal fee.
12-20 (f) If the person's license has been expired for longer than
12-21 90 days but less than one year, the person may renew the license by
12-22 paying to the medical board two times the required renewal fee.
12-23 (g) If the person's license has been expired for one year or
12-24 longer, the person may not renew the license. The person may
12-25 obtain a new license by submitting to reexamination and complying
12-26 with the requirements and procedures for obtaining an original
12-27 license.
13-1 (h) If the person was licensed in this state, moved to
13-2 another state, and is currently licensed and has been in practice
13-3 in the other state for the two years preceding application, the
13-4 person may renew an expired license without reexamination. The
13-5 person must pay to the medical board a fee that is equal to two
13-6 times the required renewal fee for the license.
13-7 (i) At least 30 days before the expiration of a person's
13-8 license, the medical board shall send written notice of the
13-9 impending license expiration to the person at the license holder's
13-10 last known address according to the records of the medical board.
13-11 (j) The medical board by rule may adopt a system under which
13-12 licenses expire on various dates during the year. For the year in
13-13 which the license expiration date is changed, license fees shall be
13-14 prorated on a monthly basis so that each license holder pays only
13-15 that portion of the license fee that is allocable to the number of
13-16 months during which the license is valid. On renewal of the
13-17 license on the new expiration date, the total license renewal fee
13-18 is payable.
13-19 SECTION 7. Subchapter F, Medical Practice Act (Article
13-20 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
13-21 6.101 to read as follows:
13-22 Sec. 6.101. LICENSE HOLDER INFORMATION. (a) Each license
13-23 holder shall file with the board:
13-24 (1) the license holder's mailing address;
13-25 (2) the address of the license holder's residence;
13-26 (3) the mailing address of each of the license
13-27 holder's offices; and
14-1 (4) the address for the location of each of the
14-2 license holder's offices if that address is different from the
14-3 office's mailing address.
14-4 (b) A license holder shall:
14-5 (1) notify the acupuncture board of a change of the
14-6 license holder's residence or business address; and
14-7 (2) provide the acupuncture board with the license
14-8 holder's new address not later than the 30th day after the date the
14-9 address change occurs.
14-10 SECTION 8. Section 6.11, Medical Practice Act (Article
14-11 4495b, Vernon's Texas Civil Statutes), is amended, and Subsections
14-12 (b)-(g) of that section are redesignated as Section 6.115, to read
14-13 as follows:
14-14 Sec. 6.11. DENIAL OF LICENSE; DISCIPLINE OF LICENSE HOLDER.
14-15 (a) A license to practice acupuncture may be denied or, after
14-16 notice and hearing, suspended, probated, or revoked if the
14-17 applicant for a license or the holder of a license:
14-18 (1) uses drugs or intoxicating liquors to an extent
14-19 that affects the person's professional competence;
14-20 (2) obtains or attempts to obtain a license by fraud
14-21 or deception;
14-22 (3) has been [is] adjudged mentally incompetent by a
14-23 court of competent jurisdiction or has a mental or physical
14-24 condition that renders the person unable to perform safely as an
14-25 acupuncturist;
14-26 (4) has practiced [practices] acupuncture in a manner
14-27 detrimental to the public health and welfare;
15-1 (5) violates this subchapter or a rule adopted under
15-2 this subchapter;
15-3 (6) has been [is] convicted of a felony or a crime
15-4 involving moral turpitude; [or]
15-5 (7) holds the person [himself] out as a physician or
15-6 surgeon or any combination or derivative of those terms unless the
15-7 person is also licensed by the medical board as a physician or
15-8 surgeon;
15-9 (8) fraudulently or deceptively uses a license;
15-10 (9) has acted in an unprofessional or dishonorable
15-11 manner that is likely to deceive, defraud, or injure a member of
15-12 the public;
15-13 (10) has committed an act in violation of state law if
15-14 the act is connected with the person's practice as an
15-15 acupuncturist; or
15-16 (11) has had the person's license suspended, revoked,
15-17 or restricted, has had other disciplinary action taken by another
15-18 state regarding the person's practice as an acupuncturist, or has
15-19 had disciplinary action taken against the person by the uniformed
15-20 services of the United States based on acts by the license holder
15-21 similar to acts described in this section.
15-22 (b) A complaint, indictment, or conviction of a law
15-23 violation is not necessary for the enforcement of Subsection
15-24 (a)(10) of this section. Proof of the commission of the act while
15-25 in practice as an acupuncturist or under the guise of practice as
15-26 an acupuncturist is sufficient for action by the medical board
15-27 under this section.
16-1 (c) A certified copy of the record of the state or uniformed
16-2 services of the United States taking the action is conclusive
16-3 evidence of the action under Subsection (a)(11) of this section.
16-4 Sec. 6.115. SCOPE OF PRACTICE. (a) [(b)] Except as
16-5 provided by Subsection (b) [(c)] of this section, a license to
16-6 practice acupuncture shall be denied or, after notice and hearing,
16-7 revoked if the holder of a license has performed acupuncture on a
16-8 person who was not evaluated by a physician or dentist, as
16-9 appropriate, for the condition being treated within six months
16-10 before the date acupuncture was performed.
16-11 (b) [(c)] The holder of a license may perform acupuncture on
16-12 a person who was referred by a doctor licensed to practice
16-13 chiropractic by the Texas Board of Chiropractic Examiners if the
16-14 licensee commences the treatment within 30 days of the date of the
16-15 referral. The licensee shall refer the person to a physician after
16-16 performing acupuncture 20 times or for 30 days, whichever occurs
16-17 first, if no substantial improvement occurs in the person's
16-18 condition for which the referral was made.
16-19 (c) [(d)] The holder of a license must obtain reasonable
16-20 documentation that the evaluation required by Subsection (a) [(b)]
16-21 of this section has taken place. If the licensee is unable to
16-22 determine that an evaluation has taken place, the licensee must
16-23 obtain a written statement signed by the person on a form
16-24 prescribed by the acupuncture board that states that the person has
16-25 been evaluated by a physician within the prescribed time frame.
16-26 The form shall contain a clear statement that the person should be
16-27 evaluated by a physician for the condition being treated by the
17-1 licensee.
17-2 (d) [(e)] The medical board with advice from the acupuncture
17-3 board by rule may modify the requirement of the time frame or the
17-4 scope of the evaluation under Subsection (a) [(b)] of this section.
17-5 (e) [(f)] The medical board with advice from the acupuncture
17-6 board by rule may modify the requirement of the time frame for
17-7 commencement of treatment after referral by a chiropractor or the
17-8 number of treatments or days before referral to a physician is
17-9 required under Subsection (b) [(c)] of this section.
17-10 (f) [(g)] Notwithstanding Subsections (a) [(b)] and (b)
17-11 [(c)] of this section, an acupuncturist holding a current and valid
17-12 license may without a referral from a physician, dentist, or
17-13 chiropractor perform acupuncture on a person for smoking addiction,
17-14 weight loss, or, as established by the medical board with advice
17-15 from the acupuncture board by rule, substance abuse.
17-16 SECTION 9. Subchapter F, Medical Practice Act (Article
17-17 4495b, Vernon's Texas Civil Statutes), is amended by adding
17-18 Sections 6.116 and 6.117 to read as follows:
17-19 Sec. 6.116. ADDITIONAL DISCIPLINARY AUTHORITY. In addition
17-20 to the authority under Section 6.11 of this Act, the acupuncture
17-21 board, on finding that an acupuncturist has committed an offense
17-22 described in Section 6.11 of this Act, may:
17-23 (1) require the acupuncturist to submit to the care,
17-24 counseling, or treatment of a health care practitioner designated
17-25 by the acupuncture board;
17-26 (2) stay enforcement of an order and place the
17-27 acupuncturist on probation with the acupuncture board retaining the
18-1 right to vacate the probationary stay and enforce the original
18-2 order for noncompliance with the terms of probation or impose any
18-3 other remedial measure or sanction authorized by this section;
18-4 (3) restore or reissue a license or remove any
18-5 disciplinary or corrective measure that the acupuncture board may
18-6 have imposed;
18-7 (4) order the acupuncturist to perform public service;
18-8 (5) limit the acupuncturist's practice to the areas
18-9 prescribed by the acupuncture board;
18-10 (6) require an acupuncturist to report regularly to
18-11 the acupuncture board on matters that are the basis of the
18-12 probation; or
18-13 (7) continue or review professional education until
18-14 the practitioner attains a degree of skill satisfactory to the
18-15 acupuncture board in those areas that are the basis of the
18-16 probation.
18-17 Sec. 6.117. SUSPENSION, REVOCATION, OR NONRENEWAL OF
18-18 LICENSE. If the medical board proposes to suspend, revoke, or
18-19 refuse to renew a person's license, the person is entitled to a
18-20 hearing conducted by the State Office of Administrative Hearings.
18-21 Proceedings for a disciplinary action are governed by the
18-22 administrative procedure law, Chapter 2001, Government Code. Rules
18-23 of practice adopted by the medical board under Section 2001.004,
18-24 Government Code, applicable to the proceedings for a disciplinary
18-25 action may not conflict with rules adopted by the State Office of
18-26 Administrative Hearings.
18-27 SECTION 10. Section 6.12(b), Medical Practice Act (Article
19-1 4495b, Vernon's Texas Civil Statutes), is amended to read as
19-2 follows:
19-3 (b) An offense under Subsection (a) of this section is a
19-4 felony of the third degree [Class A misdemeanor].
19-5 SECTION 11. Subchapter F, Medical Practice Act (Article
19-6 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
19-7 6.125 to read as follows:
19-8 Sec. 6.125. SUBPOENAS. (a) On behalf of the acupuncture
19-9 board, the executive director of the medical board or the presiding
19-10 officer of the acupuncture board may issue a subpoena or subpoena
19-11 duces tecum for purposes of:
19-12 (1) investigations or contested proceedings related
19-13 to:
19-14 (A) alleged misconduct by an acupuncturist; or
19-15 (B) an alleged violation of this Act or other
19-16 law related to practice as an acupuncturist or to the provision of
19-17 health care under the authority of this Act;
19-18 (2) a determination whether to issue, suspend,
19-19 restrict, revoke, or cancel a license authorized by this
19-20 subchapter; and
19-21 (3) a determination whether to deny or grant an
19-22 application for a license under this subchapter.
19-23 (b) Failure to timely comply with a subpoena issued under
19-24 this section is a ground for:
19-25 (1) disciplinary action by the acupuncture board or
19-26 any other licensing or regulatory agency with jurisdiction over the
19-27 individual or entity subject to the subpoena; and
20-1 (2) denial of a license application.
20-2 SECTION 12. (a) The change made by this Act to Section
20-3 6.12, Medical Practice Act (Article 4495b, Vernon's Texas Civil
20-4 Statutes), applies only to an offense committed on or after the
20-5 effective date of this Act. For purposes of this section, an
20-6 offense is committed before the effective date of this Act if any
20-7 element of the offense occurs before that date.
20-8 (b) An offense committed before the effective date of this
20-9 Act is governed by the law in effect when the offense was
20-10 committed, and the former law is continued in effect for that
20-11 purpose.
20-12 SECTION 13. The changes in law made by this Act in the
20-13 qualifications of, and the prohibitions applying to, members of the
20-14 Texas State Board of Acupuncture Examiners do not affect the
20-15 entitlement of a member serving on the board immediately before
20-16 September 1, 1997, to continue to carry out the functions of the
20-17 board for the remainder of the member's term. The changes in law
20-18 apply only to a member appointed on or after September 1, 1997.
20-19 This Act does not prohibit a person who is a member of the board on
20-20 September 1, 1997, from being reappointed to the board if the
20-21 person has the qualifications required for a member under
20-22 Subchapter F, Medical Practice Act (Article 4495b, Vernon's Texas
20-23 Civil Statutes), as amended by this Act.
20-24 SECTION 14. This Act takes effect September 1, 1997, and
20-25 applies only to a license issued or renewed by the Texas State
20-26 Board of Medical Examiners under Subchapter F, Medical Practice Act
20-27 (Article 4495b, Vernon's Texas Civil Statutes), on or after that
21-1 date.
21-2 SECTION 15. The importance of this legislation and the
21-3 crowded condition of the calendars in both houses create an
21-4 emergency and an imperative public necessity that the
21-5 constitutional rule requiring bills to be read on three several
21-6 days in each house be suspended, and this rule is hereby suspended.