By:  Moncrief                                         S.B. No. 1765

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       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

 2-1     acupuncture.

 2-2                 (4) [(3)]  "Acupuncture board" means the Texas State

 2-3     Board of Acupuncture Examiners.

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

 2-5     Board of Chiropractic Examiners.

 2-6                 (6) [(5)]  "Medical board" means the Texas State Board

 2-7     of Medical Examiners.

 2-8                 (7) [(6)]  "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 (a)(1) of this section

 3-6     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, in a facility approved by the Texas

3-18     Commission on Alcohol and Drug Abuse for the treatment of

3-19     alcoholism, substance abuse, or chemical dependency, and under the

3-20     supervision of a licensed acupuncturist or of a physician.

3-21           (d)  A program that includes the services of an acudetox

3-22     specialist shall:

3-23                 (1)  notify each participant in the program of the

3-24     qualifications of the acudetox specialist, and of the procedure for

3-25     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 certification number 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 Civil Statutes), as added by this Act, not

 4-9     later than January 1, 1998.  The Texas Board of Acupuncture

4-10     Examiners shall, no later than October 1, 1997, submit

4-11     recommendations to the Texas State Board of Medical Examiners

4-12     regarding rules for certification, practice and continuing

4-13     education of acudetox specialists.

4-14           SECTION 4.  This Act takes effect September 1, 1997.

4-15           SECTION 5.  The importance of this legislation and the

4-16     crowded condition of the calendars in both houses create an

4-17     emergency and an imperative public necessity that the

4-18     constitutional rule requiring bills to be read on three several

4-19     days in each house be suspended, and this rule is hereby suspended.