1-1     By:  Moncrief                                         S.B. No. 1765

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Health and Human Services;

 1-4     April 10, 1997, reported favorably by the following vote:  Yeas 11,

 1-5     Nays 0; April 10, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to certification of certain persons who practice

 1-9     acupuncture.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 6.02, Medical Practice Act (Article

1-12     4495b, Vernon's Texas Civil Statutes), is amended to read as

1-13     follows:

1-14           Sec. 6.02.  DEFINITIONS.  In this subchapter:

1-15                 (1)  "Acudetox specialist" means a person who is

1-16     certified under this subchapter to practice acupuncture for the

1-17     limited purpose of treating alcoholism, substance abuse, and

1-18     chemical dependency.

1-19                 (2)  "Acupuncture" means:

1-20                       (A)  the insertion of an acupuncture needle and

1-21     the application of moxibustion to specific areas of the human body

1-22     as a primary mode of therapy to treat and mitigate a human

1-23     condition; and

1-24                       (B)  the administration of thermal or electrical

1-25     treatments or the recommendation of dietary guidelines, energy flow

1-26     exercise, or dietary or herbal supplements in conjunction with the

1-27     treatment described by Paragraph (A) of this subdivision.

1-28                 (3) [(2)]  "Acupuncturist" means a person who practices

1-29     acupuncture.

1-30                 (4) [(3)]  "Acupuncture board" means the Texas State

1-31     Board of Acupuncture Examiners.

1-32                 (5) [(4)]  "Chiropractor" means a licensee of the Texas

1-33     Board of Chiropractic Examiners.

1-34                 (6) [(5)]  "Executive director" means the executive

1-35     director of the Texas State Board of Medical Examiners.

1-36                 (7) [(6)]  "Medical board" means the Texas State Board

1-37     of Medical Examiners.

1-38                 (8) [(7)]  "Physician" means a licensee of the Texas

1-39     State Board of Medical Examiners.

1-40           SECTION 2.  Subchapter F, Medical Practice Act (Article

1-41     4495b, Vernon's Texas Civil Statutes), is amended by adding Section

1-42     6.118 to read as follows:

1-43           Sec. 6.118.  ACUDETOX SPECIALIST.  (a)  The medical board may

1-44     certify a person as an acudetox specialist under this section if

1-45     the person:

1-46                 (1)  provides to the medical board documentation that

1-47     the person is a certified social worker, a licensed professional

1-48     counselor, a licensed psychologist, a licensed chemical dependency

1-49     counselor, or a licensed registered nurse;

1-50                 (2)  provides to the medical board documentation that

1-51     the person has successfully completed a training program in

1-52     acupuncture detoxification which meets guidelines approved by the

1-53     medical board; and

1-54                 (3)  pays a certification fee in an amount set by the

1-55     medical board.

1-56           (b)  The medical board may annually renew the certification

1-57     of a person certified as an acudetox specialist under this section

1-58     if the person:

1-59                 (1)  provides to the medical board documentation that

1-60     the certification or license required under Subsection (a)(1) of

1-61     this section is valid;

1-62                 (2)  provides to the medical board documentation that

1-63     the person has successfully met continuing education requirements

1-64     established by the board, which shall, at a minimum, include six

 2-1     hours of education in the practice of acupuncture and either a

 2-2     course in clean needle technique or a course in universal infection

 2-3     control precaution procedures; and

 2-4                 (3)  pays a certification renewal fee in an amount set

 2-5     by the medical board.

 2-6           (c)  An acudetox specialist certified under this section

 2-7     shall practice acupuncture only to the extent allowed by rules

 2-8     adopted by the medical board, in a facility approved by the Texas

 2-9     Commission on Alcohol and Drug Abuse for the treatment of

2-10     alcoholism, substance abuse, or chemical dependency, and under the

2-11     supervision of a licensed acupuncturist or of a physician.

2-12           (d)  A program that includes the services of an acudetox

2-13     specialist shall:

2-14                 (1)  notify each participant in the program of the

2-15     qualifications of the acudetox specialist and of the procedure for

2-16     registering a complaint regarding the acudetox specialist with the

2-17     medical board; and

2-18                 (2)  keep a record of each client's name, the date the

2-19     client received the acudetox specialist's services, and the name,

2-20     signature, and certification number of the acudetox specialist.

2-21           SECTION 3.  The Texas State Board of Medical Examiners shall

2-22     adopt rules for the certification, practice, and continuing

2-23     education of acudetox specialists under Section 6.118, Medical

2-24     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), as

2-25     added by this Act, not later than January 1, 1998.  The Texas State

2-26     Board of Acupuncture Examiners shall, no later than October 1,

2-27     1997, submit recommendations to the Texas State Board of Medical

2-28     Examiners regarding rules for certification, practice, and

2-29     continuing education of acudetox specialists.

2-30           SECTION 4.  This Act takes effect September 1, 1997.

2-31           SECTION 5.  The importance of this legislation and the

2-32     crowded condition of the calendars in both houses create an

2-33     emergency and an imperative public necessity that the

2-34     constitutional rule requiring bills to be read on three several

2-35     days in each house be suspended, and this rule is hereby suspended.

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