SRC-JJJ H.B. 2050 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2050
By: Thompson (Madla)
Health Services
5/13/1999
Engrossed


DIGEST 

Currently, acupuncturists are subject to the regulatory authority of the
Board of Medical Examiners (medical board) in the same manner that
physicians and other practitioners are regulated by the board. Current law
gives the Acupuncture Board very little power or authority, as all
significant actions are subject to the approval of the board. H.B. 2050
deletes the requirement that the Acupuncture Board (board) establish
certain requirements for students who have completed at least 48 hours of
college and authorizes the board to establish minimum educational and
training requirements necessary for an individual to receive a license to
practice acupuncture. The bill further grants the board additional freedom
with respect to setting certain fees and preparing certain financial
reports. 
 
PURPOSE

As proposed, H.B. 2050 establishes conditions regarding the regulation of
the practice of acupuncture. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Acupuncture Board in SECTION
1(Section 6.05, Article 4495b, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 6.05, Article 4495b, V.T.C.S., (Medical Practice
Act), to delete the requirement that the Acupuncture Board (board)
establish requirements for a tutorial program for students who have
completed at least 48 semester hours of college. Requires the board, by
rule, and without the advice and approval of the Texas Medical Board (
medical board), to establish minimum educational and training requirements
necessary for the board to recommend that the medical board issue a license
to practice acupuncture.  Requires the board in establishing these
requirements to consider adopting the minimum educational and training
requirements established by the Accreditation Commission for Acupuncture an
Oriental Medicine. Makes conforming changes.  

SECTION 2. Amends Section 6.07(d), Article 4495b, V.T.C.S., to require the
board to adopt, rather than authorize it to consider, the same standards
set by the Accreditation Commission for Acupuncture and Oriental Medicine
in establishing standards for the entrance requirements and course of
instruction of an acupuncture school.  

SECTION 3. Amends Section 6.075(a), Article 4495b, V.T.C.S., to authorize
the board, through the executive director of the medical board, to issue a
temporary license to an applicant who pays the appropriate fee prescribed
by the acupuncture board, rather than the medical board.  

SECTION 4. Amends Section 6.09, Article 4495b, V.T.C.S., to make conforming
changes.  

SECTION 5. Amends Sections 6.10 (d), (e), (f), and (h), Article 4495b,
V.T.C.S., to make conforming changes.  

SECTION 6. Amends Sections 6.115(a), Article 4495b, V.T.C.S., to require a
license to practice acupuncture to be denied, or, after notice and hearing,
revoked if the license holder has performed  acupuncture on a person who
was not evaluated by a physician or dentist, as appropriate, for the
condition being treated within 12, rather than six, months before the date
acupuncture was performed, except as provided by Subsection (b) of this
section.  

SECTION 7.Emergency clause. 
  Effective date: 90 days after adjournment.