By Thompson                                           H.B. No. 2050
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to acupuncture.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 6.02, Medical Practice Act, is amended to
 1-5     read as follows:
 1-6           Sec. 6.02.  Definitions.  In this subchapter:
 1-7                 (1)  "Acudetox specialist" means a person who is
 1-8     certified under this subchapter to practice acupuncture for the
 1-9     limited purpose of treating alcoholism, substance abuse, and
1-10     chemical dependency.
1-11                 (2)  "Acupuncture" means:
1-12                       (A)  the nonsurgical, nonincisive insertion of an
1-13     acupuncture needle and the application of moxibustion to specific
1-14     areas of the human body as a primary mode of therapy to treat and
1-15     mitigate a human condition; and
1-16                       (B)  the administration of thermal or electrical
1-17     treatments or the recommendation of dietary guidelines, energy flow
1-18     exercise, or dietary or herbal supplements in conjunction with the
1-19     treatment described by Paragraph (A) of this subdivision.
1-20                 (3)  "Doctor of Oriental Medicine" ["Acupuncturist"]
1-21     means a person who practices acupuncture.  For purposes of this
 2-1     subchapter, "doctor of oriental medicine" has the same meaning as
 2-2     "acupuncturist."
 2-3                 (4)  "Acupuncture board" means the Texas State Board of
 2-4     Acupuncture Examiners.
 2-5                 (5)  "Chiropractor" means a licensee of the Texas Board
 2-6     of Chiropractic Examiners.
 2-7                 (6)  "Executive Director" means the executive director
 2-8     of the Texas State Board of Medical Examiners.
 2-9                 (7)  "Medical board" means the Texas State Board of
2-10     Medical Examiners.
2-11                 (8)  "Physician" means a licensee of the Texas State
2-12     Board of Medical Examiners.
2-13           SECTION 2.  Section 6.05, Medical Practice Act, is amended to
2-14     read as follows:
2-15           Sec. 6.05  Powers and Duties of Acupuncture Board.  (a)
2-16     Subject to the advice and approval of the medical board, the
2-17     acupuncture board shall:
2-18                 (1)  establish qualifications for an acupuncturist to
2-19     practice in this state;
2-20                 (2)  [establish minimum educational and training
2-21     requirements necessary for the acupuncture board to recommend that
2-22     the medical board issue a license to practice acupuncture;]
2-23                 [(3)]  administer an examination that is validated by
2-24     independent testing professionals for a license to practice
2-25     acupuncture;
 3-1                 (3) [(4)]  develop requirements for licensure by
 3-2     endorsement of other states;
 3-3                 (4) [(5)]  prescribe the application form for a license
 3-4     to practice acupuncture;
 3-5                 (5) [(6)]  make recommendations on applications for
 3-6     licenses to practice acupuncture;
 3-7                 (6) [(7)]  develop and implement policies that provide
 3-8     the public with a reasonable opportunity to appear before the
 3-9     acupuncture board and to speak on any issue under the jurisdiction
3-10     of the acupuncture board;
3-11                 [(8)  establish the requirements for a tutorial program
3-12     for students who have completed at least 48 semester hours of
3-13     college.]
3-14                 (7)  develop and implement policies that clearly
3-15     separate the policymaking responsibilities of the acupuncture board
3-16     and the management responsibilities of the executive director and
3-17     the staff of the medical board; and
3-18                 (8)  recommend additional rules as are necessary for
3-19     the administration and enforcement of this subchapter.
3-20           (b)  The acupuncture board shall, without the advice and
3-21     approval of the medical board, establish minimum educational and
3-22     training requirements necessary for the acupuncture board to
3-23     recommend that the medical board issue a license to practice
3-24     acupuncture.  The requirements established by the acupuncture board
3-25     shall be the same as the minimum educational and training
 4-1     requirements established by the National Accreditation Commission
 4-2     for Schools and Colleges of Acupuncture and Oriental Medicine.
 4-3           (c) [(b)]  The acupuncture board shall comply with federal
 4-4     and state laws related to program and facility accessibility.  The
 4-5     executive director of the medical board shall prepare and maintain
 4-6     a written plan that describes how a person who does not speak
 4-7     English can be provided reasonable access to the acupuncture
 4-8     board's programs and services.
 4-9           (d)  Except as otherwise provided under
4-10     [(c)  Notwithstanding] Subsection (b) [(a)] of this section, the
4-11     acupuncture board has no independent rulemaking authority.
4-12           SECTION 3.  Section 6.07(d), Medical Practice Act, is amended
4-13     to read as follows:
4-14           (d)  In establishing standards for the entrance requirements
4-15     and course of instruction of an acupuncture school, the acupuncture
4-16     board shall adopt [may consider] the same standards set by the
4-17     National Accreditation Commission for Schools and Colleges of
4-18     Acupuncture and Oriental Medicine.
4-19           SECTION 4.  Section 6.075, Medical Practice Act, is amended
4-20     to read as follows: Sec. 6.075.  Temporary License.  (a)  The
4-21     acupuncture board may, through the executive director of the
4-22     medical board, issue a temporary license to an applicant who:
4-23                 (1)  submits an application on a form prescribed by the
4-24     acupuncture board;
4-25                 (2)  has passed a national or other examination
 5-1     recognized by the acupuncture board relating to the practice of
 5-2     acupuncture;
 5-3                 (3)  pays the appropriate fee prescribed by the
 5-4     acupuncture [medical] board;
 5-5                 (4)  if licensed in another state, the District of
 5-6     Columbia, or a territory of the United States, is in good standing
 5-7     as an acupuncturist; and
 5-8                 (5)  meets all the qualifications for a license under
 5-9     this Act but is waiting for the next scheduled meeting of the
5-10     medical board for the license to be issued.
5-11           (b)  A temporary license is valid for 100 days from the date
5-12     issued and may be extended only for another 30 days after the date
5-13     the initial temporary license expires.
5-14           SECTION 5.  Section 6.09, Medical Practice Act, is amended to
5-15     read as follows:
5-16           Sec. 6.09.  Fees.  (a)  The acupuncture [medical] board shall
5-17     set and collect fees in amounts that are reasonable and necessary
5-18     to cover the costs of administering and enforcing this subchapter
5-19     without the use of any other funds generated by the medical board.
5-20           (b)  Fees collected by the acupuncture [medical] board under
5-21     this subchapter shall be deposited by the acupuncture [medical]
5-22     board in the state treasury to the credit of an account in the
5-23     general revenue fund and may be expended to cover the costs of
5-24     administering and enforcing this subchapter.  At the end of each
5-25     fiscal biennium, the comptroller shall transfer any surplus money
 6-1     remaining in the account to the general revenue fund.
 6-2           (c)  All money paid to the acupuncture [medical] board under
 6-3     this subchapter is subject to Subchapter F, Chapter 404, Government
 6-4     Code.
 6-5           (d)  The acupuncture [medical] board shall prepare annually a
 6-6     complete and detailed written report accounting for all funds
 6-7     received and disbursed by the acupuncture [medical] board under
 6-8     this subchapter during the preceding fiscal year.  The annual
 6-9     report must meet the reporting requirements applicable to financial
6-10     reporting provided in the General Appropriations Act.
6-11           SECTION 6.  Sections 6.10 (d), (e), (f) and (h), Medical
6-12     Practice Act, are amended to read as follows:
6-13           (d)  A person who is otherwise eligible to renew a license
6-14     may renew an unexpired license by paying the required renewal fee
6-15     to the acupuncture [medical] board before the expiration date of
6-16     the license.  A person whose license has expired may not engage in
6-17     activities that require a license until the license has been
6-18     renewed under the provisions of this section.
6-19           (e)  If the person's license has been expired for 90 days or
6-20     less, the person may renew the license by paying to the acupuncture
6-21     [medical] board one and one-half times the required renewal fee.
6-22           (f)  If the person's license has been expired for longer than
6-23     90 days but less than one year, the person may renew the license by
6-24     paying to the acupuncture [medical] board two times the required
6-25     renewal fee.
 7-1           (h)  If the person was licensed in this state, moved to
 7-2     another state, and is currently licensed and has been in practice
 7-3     in the other state for the two years preceding application, the
 7-4     person may renew an expired license without reexamination.  The
 7-5     person must pay to the acupuncture [medical] board a fee that is
 7-6     equal to two times the required renewal fee for the license.
 7-7           SECTION 7.  Sections 6.115 (a) and (f), Medical Practice Act,
 7-8     are amended to read as follows:
 7-9           Sec. 6.115.  Scope of Practice.  (a)  Except as provided by
7-10     Subsection (b) of this section, a license to practice acupuncture
7-11     shall be denied or, after notice and hearing, revoked if the holder
7-12     of a license has performed acupuncture on a person who was not
7-13     evaluated by a physician or dentist, as appropriate, for the
7-14     condition being treated within twelve [six] months before the date
7-15     acupuncture was performed.
7-16           (f)  Notwithstanding Subsections (a) and (b) of this section,
7-17     an acupuncturist holding a current and valid license may, without
7-18     the person having been evaluated by [a referral from] a physician,
7-19     dentist, or chiropractor, perform acupuncture on a person for
7-20     [smoking addiction,] weight loss, relief and treatment of pain or
7-21     the prevention of pain, prevention and treatment of nausea and
7-22     vomiting, treatment of addictions to alcohol, tobacco, and other
7-23     drugs, treatment of pulmonary problems, rehabilitation from
7-24     neurological damage, irritable bowel disorder, non-ulcer dyspepsia
7-25     or ovulation stimulation  or, as established by the medical board
 8-1     with advice from the acupuncture board by rule, substance abuse.
 8-2           SECTION 8.  The importance of this legislation and the
 8-3     crowded condition of the calendars in both houses create an
 8-4     emergency and an imperative public necessity that the
 8-5     constitutional rule requiring bills to be read on three several
 8-6     days in each house be suspended, and this rule is hereby suspended,
 8-7     and that this Act take effect and be in force from and after its
 8-8     passage, and it is so enacted.