AN ACT
1-1 relating to certification of certain persons who practice
1-2 acupuncture.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 6.02, Medical Practice Act (Article
1-5 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-6 follows:
1-7 Sec. 6.02. DEFINITIONS. In this subchapter:
1-8 (1) "Acudetox specialist" means a person who is
1-9 certified under this subchapter to practice acupuncture for the
1-10 limited purpose of treating alcoholism, substance abuse, and
1-11 chemical dependency.
1-12 (2) "Acupuncture" means:
1-13 (A) the insertion of an acupuncture needle and
1-14 the application of moxibustion to specific areas of the human body
1-15 as a primary mode of therapy to treat and mitigate a human
1-16 condition; and
1-17 (B) the administration of thermal or electrical
1-18 treatments or the recommendation of dietary guidelines, energy flow
1-19 exercise, or dietary or herbal supplements in conjunction with the
1-20 treatment described by Paragraph (A) of this subdivision.
1-21 (3) [(2)] "Acupuncturist" means a person who practices
1-22 acupuncture.
1-23 (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) The medical board may
2-14 certify a person as an acudetox specialist under this section if
2-15 the person:
2-16 (1) provides to the medical board documentation that
2-17 the person is a certified social worker, a licensed professional
2-18 counselor, a licensed psychologist, a licensed chemical dependency
2-19 counselor, or a licensed registered nurse;
2-20 (2) provides to the medical board documentation that
2-21 the person has successfully completed a training program in
2-22 acupuncture detoxification which meets guidelines approved by the
2-23 medical board; and
2-24 (3) pays a certification fee in an amount set by the
2-25 medical board.
3-1 (b) The medical board may annually renew the certification
3-2 of a person certified as an acudetox specialist under this section
3-3 if the person:
3-4 (1) provides to the medical board documentation that
3-5 the certification or license required under Subsection (a)(1) of
3-6 this section is valid;
3-7 (2) provides to the medical board documentation that
3-8 the person has successfully met continuing education requirements
3-9 established by the board, which shall, at a minimum, include six
3-10 hours of education in the practice of acupuncture and either a
3-11 course in clean needle technique or a course in universal infection
3-12 control precaution procedures; and
3-13 (3) pays a certification renewal fee in an amount set
3-14 by the medical board.
3-15 (c) An acudetox specialist certified under this section
3-16 shall practice acupuncture only to the extent allowed by rules
3-17 adopted by the medical board for the treatment of alcoholism,
3-18 substance abuse, or chemical dependency, and under the supervision
3-19 of a licensed acupuncturist or of a physician.
3-20 (d) A program that includes the services of an acudetox
3-21 specialist shall:
3-22 (1) notify each participant in the program of the
3-23 qualifications of the acudetox specialist and of the procedure for
3-24 registering a complaint regarding the acudetox specialist with the
3-25 medical board; and
4-1 (2) keep a record of each client's name, the date the
4-2 client received the acudetox specialist's services, and the name,
4-3 signature, and certification number of the acudetox specialist.
4-4 SECTION 3. The Texas State Board of Medical Examiners shall
4-5 adopt rules for the certification, practice, and continuing
4-6 education of acudetox specialists under Section 6.118, Medical
4-7 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), as
4-8 added by this Act, not later than January 1, 1998. The Texas State
4-9 Board of Acupuncture Examiners shall, no later than October 1,
4-10 1997, submit recommendations to the Texas State Board of Medical
4-11 Examiners regarding rules for certification, practice, and
4-12 continuing education of acudetox specialists.
4-13 SECTION 4. This Act takes effect September 1, 1997.
4-14 SECTION 5. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1765 passed the Senate on
April 24, 1997, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendment on May 18, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1765 passed the House, with
amendment, on May 16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor