By Danburg H.B. No. 367
76R2388 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration of Reiki Practitioners; providing
1-3 civil and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 71, Revised Statutes, is amended by adding
1-6 Article 4590f to read as follows:
1-7 Art. 4590f. REIKI PRACTITIONERS REGISTRY
1-8 Sec. 1. SHORT TITLE. This article may be cited as the Reiki
1-9 Practitioner Registry Act.
1-10 Sec. 2. PURPOSE. To safeguard the public health, safety and
1-11 welfare and to prevent consumer fraud from the use of the term
1-12 Reiki to represent the person is competent in the ancient healing
1-13 art of Reiki when such person is not competent to practice Reiki,
1-14 it is the purpose of this Act to provide for a system of voluntary
1-15 registration and certification of persons delivering or teaching
1-16 the ancient art of Reiki.
1-17 Sec. 3. DEFINITIONS. In this Act:
1-18 (1) "Board" means the Texas Board of Health.
1-19 (2) "Reiki One Practitioner" means a person who has
1-20 completed a minimum of nine hours of course work over a minimum of
1-21 a two day period in a Board approved Reiki One course taught by a
1-22 registered Reiki Master Teacher and has passed a Reiki One
1-23 examination administered by the Board.
1-24 (3) "Reiki Two Practitioner" means a person who has
2-1 completed the course work requirement for a Reiki One Practitioner,
2-2 has completed a minimum of nine hours of course work over a minimum
2-3 of a two day period in a Board approved Reiki Two course taught by
2-4 a Reiki Master Teacher and has passed a Reiki Two examination
2-5 administered by the Board.
2-6 (4) "Reiki Professional Practitioner" means a person
2-7 who has completed the course work required for registration as a
2-8 Reiki One Practitioner and a Reiki Two Practitioner, has passed a
2-9 Reiki Two examination administered by the Board, and has obtained a
2-10 Reiki Professional Degree issued by a Reiki Master Teacher.
2-11 (5) "Reiki Master Teacher" means a person who has
2-12 received a Reiki Master Teacher degree issued by a Reiki Touch or
2-13 Reiki Alliance Master Teacher.
2-14 Sec. 4. PROHIBITED ACTS. (a) A person may not represent to
2-15 the public that the person is qualified to or practices to deliver
2-16 services as a Reiki One Practitioner, Reiki Two Practitioner, Reiki
2-17 Professional Practitioner, or Reiki Master Teacher unless such
2-18 person is registered with such designation with Board in compliance
2-19 with this Act.
2-20 (b) A person may not represent that the person performs
2-21 Reiki services unless that person is registered with Board in
2-22 compliance with this Act.
2-23 (c) A person may not use the word "Reiki" in connection with
2-24 their delivery of services unless that person is registered with
2-25 Board in compliance with this Act.
2-26 (d) A person registered with Board under this Act may not
2-27 perform services for which a registration or license is required by
3-1 any other law unless that person is registered or licensed under
3-2 such other law.
3-3 (e) A person may represent to the public that such person is
3-4 a "Registered Reiki One Practitioner", a "Registered Reiki Two
3-5 Practitioner", a "Registered Reiki Professional Practitioner" or a
3-6 "Reiki Master Teacher as long as that person is properly registered
3-7 as such under this Act.
3-8 Sec. 5. DUTIES OF BOARD, ADVISORY COUNCIL. (a) The board
3-9 shall adopt procedural rules to implement the registration
3-10 procedures under this Act. The board also may adopt substantive
3-11 and procedural rules relating to:
3-12 (1) the minimum requirements for registration not
3-13 inconsistent with this Act;
3-14 (2) the probation, suspension, denial or revocation of
3-15 a registration;
3-16 (3) the setting of fees under this Act; and
3-17 (4) the adoption of forms required by this Act.
3-18 (b) The board may not adopt substantive rules relating to
3-19 this Act other than substantive rules described by Subsection 9(a)
3-20 of this section or Section 3 of this Act.
3-21 (c) The board shall appoint a five member advisory council
3-22 to be known as the Advisory Council of the Reiki Registry to advise
3-23 the board on matters relating to implementation of this Act. The
3-24 members shall be appointed from different geographical areas within
3-25 the state to ensure representation of urban and rural interests
3-26 whenever possible.
3-27 (d) The board shall appoint members of the council as
4-1 follows:
4-2 (1) two must be Reiki master Teachers eligible for
4-3 registration under this Act as a Reiki Master Teacher;
4-4 (2) one must be a physician licensed and practicing in
4-5 this State; and
4-6 (3) two must be consumers who do not have, and whose
4-7 spouses do not have, a direct or indirect interest in any health
4-8 care related business or trade association.
4-9 (e) The council shall annually elect a chairman and a
4-10 vice-chairman.
4-11 (f) A council member is not entitled to compensation for
4-12 service on the council, but is entitled to the per diem and
4-13 transportation allowance for state officials set in the General
4-14 Appropriations Act for each day that the member engages in the
4-15 business of the council.
4-16 (g) Members are appointed for staggered terms of six years,
4-17 with three terms beginning March 1 of each odd-numbered year.
4-18 Members shall serve until the expiration of the term to which they
4-19 have been appointed or until their successors have qualified. A
4-20 member may not serve more than two terms.
4-21 Sec. 6. POWERS AND DUTIES OF DEPARTMENT. (a) The
4-22 department shall administer this Act.
4-23 (b) The department shall investigate persons engaging in
4-24 practices that violate this Act and shall investigate all
4-25 complaints filed with the department against persons registered
4-26 under this Act.
4-27 (c) The department may employ administrative and clerical
5-1 staff as necessary to carry out this Act.
5-2 Sec. 7. EXAMINATIONS. (a) The department shall administer
5-3 a written qualifying examination once a year to applicants for
5-4 registration as a Reiki One Practitioner and a Reiki Two
5-5 Practitioner. The qualifying examinations shall be professionally
5-6 constructed and validated and objectively administered and scored.
5-7 (b) If a person fails to pass a qualifying examination, the
5-8 person may reapply to take a subsequent examination. An applicant
5-9 who fails two successive examinations may not reapply until the
5-10 applicant completes any remedial work required by the department.
5-11 Sec. 8. CERTIFICATE OF REGISTRATION. (a) On application
5-12 and payment of a registration fee, the department shall issue a
5-13 certificate of registration to each applicant who:
5-14 (1) presents evidence satisfactory to the department
5-15 that the applicant has successfully completed the number of
5-16 classroom hours required by this Act; and
5-17 (2) passes the appropriate examination required under
5-18 Section 7 of this Act.
5-19 (b) A person may qualify and be registered as a Reiki One
5-20 Practitioner, a Reiki Two Practitioner, a Reiki Professional
5-21 Practitioner or a Reiki Master Teacher or each of the foregoing.
5-22 (c) A person issued a certificate by the department shall
5-23 display the certificate in an appropriate public manner as
5-24 specified by board rule.
5-25 (d) A certificate of registration is the property of the
5-26 department and must be surrendered on demand.
5-27 Sec. 9. RENEWAL OF REGISTRATION. (a) A certificate of
6-1 registration issued under this Act is valid for one year from the
6-2 date of issuance. To renew the registration, the registrant must
6-3 submit an application for renewal in the manner prescribed by the
6-4 board. The application must be accompanied by a renewal fee and
6-5 evidence that the applicant has successfully completed the
6-6 continuing education courses required by board rule. The board
6-7 may not require more than four classroom hours of continuing
6-8 education courses per year. No continuing education requirements
6-9 may be required of Reiki Master Teachers.
6-10 (b) The department shall adopt a system under which
6-11 registrations expire and are renewed on various dates of the year.
6-12 (c) A person registered under this Act who does not renew
6-13 the registration by the expiration date may renew the registration
6-14 not later than the 180th day after the expiration date by paying a
6-15 late registration fee as prescribed by the board.
6-16 (d) The registration of a person who fails to meet the
6-17 renewal requirements under this section is void until the person
6-18 submits a new application, pays the appropriate fees, and meets the
6-19 current requirements for registration.
6-20 Sec. 10. ENFORCEMENT; PENALTY. (a) The board, the attorney
6-21 general, or the district or county attorney for the county in which
6-22 an alleged violation of this Act occurs, on the verified complaint
6-23 of any person, shall enforce this Act and rules adopted under this
6-24 Act by appropriate administrative proceedings or appropriate
6-25 judicial proceedings in a court of competent jurisdiction.
6-26 (b) A person commits an offense if the person violates this
6-27 Act. An offense under this Act is a Class B misdemeanor.
7-1 (c) The attorney general or an attorney representing the
7-2 state may sue in a court of competent jurisdiction to enjoin or
7-3 restrain a person from violating this Act or a rule adopted under
7-4 this Act.
7-5 (d) In addition to granting injunctive relief or any other
7-6 remedy provided by law, a court may impose a civil penalty for a
7-7 violation of this Act or a rule adopted under this Act.
7-8 Sec. 11. FEES; FUND. (a) The board by rule shall prescribe
7-9 fees in the amounts necessary to administer this Act, not to
7-10 exceed:
7-11 (1) $100 for an initial application for a
7-12 registration;
7-13 (2) $50 for the issuance of a certificate of
7-14 registration;
7-15 (3) $30 for the annual renewal certificate of
7-16 registration; and
7-17 (4) $20 for issuance of a duplicate certificate of
7-18 registration or renewal certificate of registration.
7-19 (b) The board shall deposit all amounts received under this
7-20 Act in the state treasury to the credit of a special fund known as
7-21 the Reiki registry fund. Money in that fund is hereby appropriated
7-22 to the department to be used by the Texas Department of Health for
7-23 the administration of this Act.
7-24 Sec. 12. DENIAL, SUSPENSION, REVOCATION, AND PROBATION. (a)
7-25 The department may refuse to issue a certificate of registration to
7-26 an applicant, suspend or revoke a certificate of registration, or
7-27 place on probation an individual who is registered under this Act
8-1 if the individual:
8-2 (1) obtains a certificate by means of fraud,
8-3 misrepresentation, or concealment of material facts;
8-4 (2) sells, barters, or offers to sell or barter a
8-5 certificate of registration;
8-6 (3) violates Sec. 4 of this Act; or
8-7 (4) practices any other activity for which
8-8 registration or license is required by other law without such
8-9 registration or license.
8-10 (b) A person whose application of registration is denied,
8-11 suspended, or revoked is entitled to a hearing before the
8-12 department if the person submits a written request for a hearing to
8-13 the department. A hearing is governed by department rules for a
8-14 contested hearing and by Chapter 2001, Government Code.
8-15 Sec. 13. APPLICATION OF THIS ACT. (a) This Act does not
8-16 prevent, limit or restrict a person licensed in this state under
8-17 any other law from engaging in the profession or occupation for
8-18 which the person is licensed and does not require such a person to
8-19 be registered under this Act.
8-20 (b) This Act does not prevent, limit, or restrict an
8-21 employee of a person licensed in this state from performing the
8-22 duties of employment required by the licensed person and does not
8-23 require the employee to be registered under this Act.
8-24 (c) This Act does not prohibit the Texas State Board of
8-25 Medical Examiners, the attorney general, or any other person
8-26 authorized by law from bringing appropriate actions to enforce the
8-27 statutes of this state relating to the practice of medicine without
9-1 a license.
9-2 Sec. 14. INITIAL APPOINTMENTS. The term of an initial
9-3 appointee to the council shall be determined by lot as follows:
9-4 (1) two members are appointed for terms expiring March
9-5 1, 2001;
9-6 (2) two members are appointed for terms expiring March
9-7 1, 2003; and
9-8 (3) one member is appointed for a term expiring March
9-9 1, 2005.
9-10 SECTION 2. EFFECTIVE DATE. (a) Except as provided in
9-11 Subsection (b) of this Section, this Act takes effect September 1,
9-12 1999.
9-13 (b) Sections 4 and 10 of this act take effect September 1,
9-14 2000 and a person subject to this Act is not required to be
9-15 registered until September 1, 2000.
9-16 (c) The department shall prorate initial registration fees
9-17 so that a registered person pays only for the part of the year that
9-18 occurs up to the expiration date of the registration.
9-19 (d) A person who has been actively engaging in the practice
9-20 of Reiki One or Reiki Two is entitled to a certificate of
9-21 registration without examination if the person:
9-22 (1) meets the other qualifications contained with the
9-23 definition of such registration in Section 3 of this Act;
9-24 (2) applies to the department not later than August
9-25 31, 2000; and
9-26 (3) pays the registration fee set by the department.
9-27 SECTION 3. The importance of this legislation and the
10-1 crowded condition of the calendars in both houses create an
10-2 emergency and an imperative public necessity that the
10-3 constitutional rule requiring bills to be read on three several
10-4 days in each house be suspended, and this rule is hereby suspended,
10-5 and that this Act take effect and be in force according to its
10-6 terms, and it is so enacted.