1-1     By:  Thompson (Senate Sponsor - Madla)                H.B. No. 2050
 1-2           (In the Senate - Received from the House May 11, 1999;
 1-3     May 12, 1999, read first time and referred to Committee on Health
 1-4     Services; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the regulation of the practice of acupuncture.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 6.05, Medical Practice Act (Article
1-11     4495b, Vernon's Texas Civil Statutes), is amended to read as
1-12     follows:
1-13           Sec. 6.05.  Powers and Duties of Acupuncture Board.  (a)
1-14     Subject to the advice and approval of the medical board, the
1-15     acupuncture board shall:
1-16                 (1)  establish qualifications for an acupuncturist to
1-17     practice in this state;
1-18                 (2)  establish minimum educational and training
1-19     requirements necessary for the acupuncture board to recommend that
1-20     the medical board issue a license to practice acupuncture;
1-21                 (3)  administer an examination that is validated by
1-22     independent testing professionals for a license to practice
1-23     acupuncture;
1-24                 (4)  develop requirements for licensure by endorsement
1-25     of other states;
1-26                 (5)  prescribe the application form for a license to
1-27     practice acupuncture;
1-28                 (6)  make recommendations on applications for licenses
1-29     to practice acupuncture;
1-30                 (7)  develop and implement policies that provide the
1-31     public with a reasonable opportunity to appear before the
1-32     acupuncture board and to speak on any issue under the jurisdiction
1-33     of the acupuncture board;
1-34                 (8)  [establish the requirements for a tutorial program
1-35     for students who have completed at least 48 semester hours of
1-36     college;]
1-37                 [(9)]  develop and implement policies that clearly
1-38     separate the policymaking responsibilities of the acupuncture board
1-39     and the management responsibilities of the executive director and
1-40     the staff of the medical board; and
1-41                 (9) [(10)]  recommend additional rules as are necessary
1-42     for the administration and enforcement of this subchapter.
1-43           (b)  The acupuncture board shall, by rule and without the
1-44     advice or approval of the medical board, establish minimum
1-45     educational and training requirements necessary for the acupuncture
1-46     board to recommend that the medical board issue a license to
1-47     practice acupuncture.  In establishing the requirements, the
1-48     acupuncture board shall consider adopting the minimum educational
1-49     and training requirements established by the Accreditation
1-50     Commission for Acupuncture and Oriental Medicine.
1-51           (c)  The acupuncture board shall comply with federal and
1-52     state laws related to program and facility accessibility.  The
1-53     executive director of the medical board shall prepare and maintain
1-54     a written plan that describes how a person who does not speak
1-55     English can be provided reasonable access to the acupuncture
1-56     board's programs and services.
1-57           [(c)  Notwithstanding Subsection (a) of this section, the
1-58     acupuncture board has no independent rulemaking authority.]
1-59           SECTION 2.  Section 6.07(d), Medical Practice Act (Article
1-60     4495b, Vernon's Texas Civil Statutes), is amended to read as
1-61     follows:
1-62           (d)  In establishing standards for the entrance requirements
1-63     and course of instruction of an acupuncture school, the acupuncture
1-64     board shall adopt [may consider] the same standards set by the
 2-1     [National] Accreditation Commission for [Schools and Colleges of]
 2-2     Acupuncture and Oriental Medicine.
 2-3           SECTION 3.  Section 6.075(a), Medical Practice Act (Article
 2-4     4495b, Vernon's Texas Civil Statutes), is amended to read as
 2-5     follows:
 2-6           (a)  The acupuncture board may, through the executive
 2-7     director of the medical board, issue a temporary license to an
 2-8     applicant who:
 2-9                 (1)  submits an application on a form prescribed by the
2-10     acupuncture board;
2-11                 (2)  has passed a national or other examination
2-12     recognized by the acupuncture board relating to the practice of
2-13     acupuncture;
2-14                 (3)  pays the appropriate fee prescribed by the
2-15     acupuncture [medical] board;
2-16                 (4)  if licensed in another state, the District of
2-17     Columbia, or a territory of the United States, is in good standing
2-18     as an acupuncturist; and
2-19                 (5)  meets all the qualifications for a license under
2-20     this Act but is waiting for the next scheduled meeting of the
2-21     medical board for the license to be issued.
2-22           SECTION 4.  Section 6.09, Medical Practice Act (Article
2-23     4495b, Vernon's Texas Civil Statutes), is amended to read as
2-24     follows:
2-25           Sec. 6.09.  Fees.  (a)  The acupuncture [medical] board shall
2-26     set and collect fees in amounts that are reasonable and necessary
2-27     to cover the costs of administering and enforcing this subchapter
2-28     without the use of any other funds generated by the medical board.
2-29           (b)  Fees collected by the acupuncture [medical] board under
2-30     this subchapter shall be deposited by the acupuncture [medical]
2-31     board in the state treasury to the credit of an account in the
2-32     general revenue fund and may be expended to cover the costs of
2-33     administering and enforcing this subchapter.  At the end of each
2-34     fiscal biennium, the comptroller shall transfer any surplus money
2-35     remaining in the account to the general revenue fund.
2-36           (c)  All money paid to the acupuncture [medical] board under
2-37     this subchapter is subject to Subchapter F, Chapter 404, Government
2-38     Code.
2-39           (d)  The acupuncture [medical] board shall prepare annually a
2-40     complete and detailed written report accounting for all funds
2-41     received and disbursed by the acupuncture [medical] board under
2-42     this subchapter during the preceding fiscal year.  The annual
2-43     report must meet the reporting requirements applicable to financial
2-44     reporting provided in the General Appropriations Act.
2-45           SECTION 5.  Sections 6.10(d), (e), (f), and (h), Medical
2-46     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), are
2-47     amended to read as follows:
2-48           (d)  A person who is otherwise eligible to renew a license
2-49     may renew an unexpired license by paying the required renewal fee
2-50     to the acupuncture [medical] board before the expiration date of
2-51     the license.  A person whose license has expired may not engage in
2-52     activities that require a license until the license has been
2-53     renewed under the provisions of this section.
2-54           (e)  If the person's license has been expired for 90 days or
2-55     less, the person may renew the license by paying to the acupuncture
2-56     [medical] board one and one-half times the required renewal fee.
2-57           (f)  If the person's license has been expired for longer than
2-58     90 days but less than one year, the person may renew the license by
2-59     paying to the acupuncture [medical] board two times the required
2-60     renewal fee.
2-61           (h)  If the person was licensed in this state, moved to
2-62     another state, and is currently licensed and has been in practice
2-63     in the other state for the two years preceding application, the
2-64     person may renew an expired license without reexamination.  The
2-65     person must pay to the acupuncture [medical] board a fee that is
2-66     equal to two times the required renewal fee for the license.
2-67           SECTION 6.  Section 6.115(a), Medical Practice Act (Article
2-68     4495b, Vernon's Texas Civil Statutes), is amended to read as
2-69     follows:
 3-1           (a)  Except as provided by Subsection (b) of this section, a
 3-2     license to practice acupuncture shall be denied or, after notice
 3-3     and hearing, revoked if the holder of a license has performed
 3-4     acupuncture on a person who was not evaluated by a physician or
 3-5     dentist, as appropriate, for the condition being treated within 12
 3-6     [six] months before the date acupuncture was performed.
 3-7           SECTION 7.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended.
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