By Thompson                                           H.B. No. 2050
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the practice of acupuncture.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 6.05, Medical Practice Act (Article
 1-5     4495b, Vernon's Texas Civil Statutes), is amended to read as
 1-6     follows:
 1-7           Sec. 6.05.  Powers and Duties of Acupuncture Board.  (a)
 1-8     Subject to the advice and approval of the medical board, the
 1-9     acupuncture board shall:
1-10                 (1)  establish qualifications for an acupuncturist to
1-11     practice in this state;
1-12                 (2)  establish minimum educational and training
1-13     requirements necessary for the acupuncture board to recommend that
1-14     the medical board issue a license to practice acupuncture;
1-15                 (3)  administer an examination that is validated by
1-16     independent testing professionals for a license to practice
1-17     acupuncture;
1-18                 (4)  develop requirements for licensure by endorsement
1-19     of other states;
1-20                 (5)  prescribe the application form for a license to
1-21     practice acupuncture;
1-22                 (6)  make recommendations on applications for licenses
1-23     to practice acupuncture;
1-24                 (7)  develop and implement policies that provide the
 2-1     public with a reasonable opportunity to appear before the
 2-2     acupuncture board and to speak on any issue under the jurisdiction
 2-3     of the acupuncture board;
 2-4                 (8)  [establish the requirements for a tutorial program
 2-5     for students who have completed at least 48 semester hours of
 2-6     college;]
 2-7                 [(9)]  develop and implement policies that clearly
 2-8     separate the policymaking responsibilities of the acupuncture board
 2-9     and the management responsibilities of the executive director and
2-10     the staff of the medical board; and
2-11                 (9) [(10)]  recommend additional rules as are necessary
2-12     for the administration and enforcement of this subchapter.
2-13           (b)  The acupuncture board shall, by rule and without the
2-14     advice or approval of the medical board, establish minimum
2-15     educational and training requirements necessary for the acupuncture
2-16     board to recommend that the medical board issue a license to
2-17     practice acupuncture.  In establishing the requirements, the
2-18     acupuncture board shall consider adopting the minimum educational
2-19     and training requirements established by the Accreditation
2-20     Commission for Acupuncture and Oriental Medicine.
2-21           (c)  The acupuncture board shall comply with federal and
2-22     state laws related to program and facility accessibility.  The
2-23     executive director of the medical board shall prepare and maintain
2-24     a written plan that describes how a person who does not speak
2-25     English can be provided reasonable access to the acupuncture
2-26     board's programs and services.
2-27           [(c)  Notwithstanding Subsection (a) of this section, the
 3-1     acupuncture board has no independent rulemaking authority.]
 3-2           SECTION 2.  Section 6.07(d), Medical Practice Act (Article
 3-3     4495b, Vernon's Texas Civil Statutes), is amended to read as
 3-4     follows:
 3-5           (d)  In establishing standards for the entrance requirements
 3-6     and course of instruction of an acupuncture school, the acupuncture
 3-7     board shall adopt [may consider] the same standards set by the
 3-8     [National] Accreditation Commission for [Schools and Colleges of]
 3-9     Acupuncture and Oriental Medicine.
3-10           SECTION 3.  Section 6.075(a), Medical Practice Act (Article
3-11     4495b, Vernon's Texas Civil Statutes), is amended to read as
3-12     follows:
3-13           (a)  The acupuncture board may, through the executive
3-14     director of the medical board, issue a temporary license to an
3-15     applicant who:
3-16                 (1)  submits an application on a form prescribed by the
3-17     acupuncture board;
3-18                 (2)  has passed a national or other examination
3-19     recognized by the acupuncture board relating to the practice of
3-20     acupuncture;
3-21                 (3)  pays the appropriate fee prescribed by the
3-22     acupuncture [medical] board;
3-23                 (4)  if licensed in another state, the District of
3-24     Columbia, or a territory of the United States, is in good standing
3-25     as an acupuncturist; and
3-26                 (5)  meets all the qualifications for a license under
3-27     this Act but is waiting for the next scheduled meeting of the
 4-1     medical board for the license to be issued.
 4-2           SECTION 4.  Section 6.09, Medical Practice Act (Article
 4-3     4495b, Vernon's Texas Civil Statutes), is amended to read as
 4-4     follows:
 4-5           Sec. 6.09.  Fees.  (a)  The acupuncture [medical] board shall
 4-6     set and collect fees in amounts that are reasonable and necessary
 4-7     to cover the costs of administering and enforcing this subchapter
 4-8     without the use of any other funds generated by the medical board.
 4-9           (b)  Fees collected by the acupuncture [medical] board under
4-10     this subchapter shall be deposited by the acupuncture [medical]
4-11     board in the state treasury to the credit of an account in the
4-12     general revenue fund and may be expended to cover the costs of
4-13     administering and enforcing this subchapter.  At the end of each
4-14     fiscal biennium, the comptroller shall transfer any surplus money
4-15     remaining in the account to the general revenue fund.
4-16           (c)  All money paid to the acupuncture [medical] board under
4-17     this subchapter is subject to Subchapter F, Chapter 404, Government
4-18     Code.
4-19           (d)  The acupuncture [medical] board shall prepare annually a
4-20     complete and detailed written report accounting for all funds
4-21     received and disbursed by the acupuncture [medical] board under
4-22     this subchapter during the preceding fiscal year.  The annual
4-23     report must meet the reporting requirements applicable to financial
4-24     reporting provided in the General Appropriations Act.
4-25           SECTION 5.  Sections 6.10(d), (e), (f), and (h), Medical
4-26     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), are
4-27     amended to read as follows:
 5-1           (d)  A person who is otherwise eligible to renew a license
 5-2     may renew an unexpired license by paying the required renewal fee
 5-3     to the acupuncture [medical] board before the expiration date of
 5-4     the license.  A person whose license has expired may not engage in
 5-5     activities that require a license until the license has been
 5-6     renewed under the provisions of this section.
 5-7           (e)  If the person's license has been expired for 90 days or
 5-8     less, the person may renew the license by paying to the acupuncture
 5-9     [medical] board one and one-half times the required renewal fee.
5-10           (f)  If the person's license has been expired for longer than
5-11     90 days but less than one year, the person may renew the license by
5-12     paying to the acupuncture [medical] board two times the required
5-13     renewal fee.
5-14           (h)  If the person was licensed in this state, moved to
5-15     another state, and is currently licensed and has been in practice
5-16     in the other state for the two years preceding application, the
5-17     person may renew an expired license without reexamination.  The
5-18     person must pay to the acupuncture [medical] board a fee that is
5-19     equal to two times the required renewal fee for the license.
5-20           SECTION 6.  Section 6.115(a), Medical Practice Act (Article
5-21     4495b, Vernon's Texas Civil Statutes), is amended to read as
5-22     follows:
5-23           (a)  Except as provided by Subsection (b) of this section, a
5-24     license to practice acupuncture shall be denied or, after notice
5-25     and hearing, revoked if the holder of a license has performed
5-26     acupuncture on a person who was not evaluated by a physician or
5-27     dentist, as appropriate, for the condition being treated within 12
 6-1     [six] months before the date acupuncture was performed.
 6-2           SECTION 7.  The importance of this legislation and the
 6-3     crowded condition of the calendars in both houses create an
 6-4     emergency and an imperative public necessity that the
 6-5     constitutional rule requiring bills to be read on three several
 6-6     days in each house be suspended, and this rule is hereby suspended.