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.