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.
2-36 * * * * *