By: Madla S.B. No. 1134
99S0711/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the practice of acupuncture.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 6.02, Medical Practice Act (Article
1-4 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-5 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) ["Acupuncturist" means a person who practices
1-21 acupuncture.]
1-22 [(4)] "Acupuncture board" means the Texas State Board
1-23 of Acupuncture Examiners.
1-24 (4) [(5)] "Chiropractor" means a licensee of the Texas
2-1 Board of Chiropractic Examiners.
2-2 (5) "Doctor of Oriental Medicine" means a person who
2-3 practices acupuncture.
2-4 (6) "Executive director" means the executive director
2-5 of the Texas State Board of Medical Examiners.
2-6 (7) "Medical board" means the Texas State Board of
2-7 Medical Examiners.
2-8 (8) "Physician" means a licensee of the Texas State
2-9 Board of Medical Examiners.
2-10 SECTION 2. Section 6.05, Medical Practice Act (Article
2-11 4495b, Vernon's Texas Civil Statutes), is amended to read as
2-12 follows:
2-13 Sec. 6.05. Powers and Duties of Acupuncture Board.
2-14 (a) Subject to the advice and approval of the medical board, the
2-15 acupuncture board shall:
2-16 (1) establish qualifications for an acupuncturist to
2-17 practice in this state;
2-18 (2) [establish minimum educational and training
2-19 requirements necessary for the acupuncture board to recommend that
2-20 the medical board issue a license to practice acupuncture;]
2-21 [(3)] administer an examination that is validated by
2-22 independent testing professionals for a license to practice
2-23 acupuncture;
2-24 (3) [(4)] develop requirements for licensure by
2-25 endorsement of other states;
2-26 (4) [(5)] prescribe the application form for a license
3-1 to practice acupuncture;
3-2 (5) [(6)] make recommendations on applications for
3-3 licenses to practice acupuncture;
3-4 (6) [(7)] develop and implement policies that provide
3-5 the public with a reasonable opportunity to appear before the
3-6 acupuncture board and to speak on any issue under the jurisdiction
3-7 of the acupuncture board;
3-8 (7) [(8) establish the requirements for a tutorial
3-9 program for students who have completed at least 48 semester hours
3-10 of college;]
3-11 [(9)] develop and implement policies that clearly
3-12 separate the policy making responsibilities of the acupuncture
3-13 board and the management responsibilities of the executive director
3-14 and the staff of the medical board; and
3-15 (8) [(10)] recommend additional rules as are necessary
3-16 for the administration and enforcement of this subchapter.
3-17 (b) The acupuncture board shall, without the advice and
3-18 approval of the medical board, establish minimum educational and
3-19 training requirements necessary for the acupuncture board to
3-20 recommend that the medical board issue a license to practice
3-21 acupuncture. The requirements established by the acupuncture board
3-22 shall be the same as the minimum educational and training
3-23 requirements established by the National Accreditation Commission
3-24 for Schools and Colleges of Acupuncture and Oriental Medicine.
3-25 (c) The acupuncture board shall comply with federal and
3-26 state laws related to program and facility accessibility. The
4-1 executive director of the medical board shall prepare and maintain
4-2 a written plan that describes how a person who does not speak
4-3 English can be provided reasonable access to the acupuncture
4-4 board's programs and services.
4-5 (d) Except as otherwise provided under [(c)
4-6 Notwithstanding] Subsection (b) [(a)] of this section, the
4-7 acupuncture board has no independent rulemaking authority.
4-8 SECTION 3. Subsection (d), Section 6.07, Medical Practice
4-9 Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
4-10 read as follows:
4-11 (d) In establishing standards for the entrance requirements
4-12 and course of instruction of an acupuncture school, the acupuncture
4-13 board shall adopt [may consider] the same standards set by the
4-14 National Accreditation Commission for Schools and Colleges of
4-15 Acupuncture and Oriental Medicine.
4-16 SECTION 4. Section 6.075, Medical Practice Act (Article
4-17 4495b, Vernon's Texas Civil Statutes), is amended to read as
4-18 follows:
4-19 Sec. 6.075. Temporary License. (a) The acupuncture board
4-20 may, through the executive director of the medical board, issue a
4-21 temporary license to an applicant who:
4-22 (1) submits an application on a form prescribed by the
4-23 acupuncture board;
4-24 (2) has passed a national or other examination
4-25 recognized by the acupuncture board relating to the practice of
4-26 acupuncture;
5-1 (3) pays the appropriate fee prescribed by the
5-2 acupuncture [medical] board;
5-3 (4) if licensed in another state, the District of
5-4 Columbia, or a territory of the United States, is in good standing
5-5 as an acupuncturist; and
5-6 (5) meets all the qualifications for a license under
5-7 this Act but is waiting for the next scheduled meeting of the
5-8 medical board for the license to be issued.
5-9 (b) A temporary license is valid for 100 days from the date
5-10 issued and may be extended only for another 30 days after the date
5-11 the initial temporary license expires.
5-12 SECTION 5. Section 6.09, Medical Practice Act (Article
5-13 4495b, Vernon's Texas Civil Statutes), is amended to read as
5-14 follows:
5-15 Sec. 6.09. Fees. (a) The acupuncture [medical] board shall
5-16 set and collect fees in amounts that are reasonable and necessary
5-17 to cover the costs of administering and enforcing this subchapter
5-18 without the use of any other funds generated by the medical board.
5-19 (b) Fees collected by the acupuncture [medical] board under
5-20 this subchapter shall be deposited by the acupuncture [medical]
5-21 board in the state treasury to the credit of an account in the
5-22 general revenue fund and may be expended to cover the costs of
5-23 administering and enforcing this subchapter. At the end of each
5-24 fiscal biennium, the comptroller shall transfer any surplus money
5-25 remaining in the account to the general revenue fund.
5-26 (c) All money paid to the acupuncture [medical] board under
6-1 this subchapter is subject to Subchapter F, Chapter 404, Government
6-2 Code.
6-3 (d) The acupuncture [medical] board shall prepare annually a
6-4 complete and detailed written report accounting for all funds
6-5 received and disbursed by the acupuncture [medical] board under
6-6 this subchapter during the preceding fiscal year. The annual
6-7 report must meet the reporting requirements applicable to financial
6-8 reporting provided in the General Appropriations Act.
6-9 SECTION 6. Subsections (d), (e), (f), and (h), Section 6.10,
6-10 Medical Practice Act (Article 4495b, Vernon's Texas Civil
6-11 Statutes), are amended to read as follows:
6-12 (d) A person who is otherwise eligible to renew a license
6-13 may renew an unexpired license by paying the required renewal fee
6-14 to the acupuncture [medical] board before the expiration date of
6-15 the license. A person whose license has expired may not engage in
6-16 activities that require a license until the license has been
6-17 renewed under the provisions of this section.
6-18 (e) If the person's license has been expired for 90 days or
6-19 less, the person may renew the license by paying to the acupuncture
6-20 [medical] board one and one-half times the required renewal fee.
6-21 (f) If the person's license has been expired for longer than
6-22 90 days but less than one year, the person may renew the license by
6-23 paying to the acupuncture [medical] board two times the required
6-24 renewal fee.
6-25 (h) If the person was licensed in this state, moved to
6-26 another state, and is currently licensed and has been in practice
7-1 in the other state for the two years preceding application, the
7-2 person may renew an expired license without reexamination. The
7-3 person must pay to the acupuncture [medical] board a fee that is
7-4 equal to two times the required renewal fee for the license.
7-5 SECTION 7. Subsections (a) and (f), Section 6.115, Medical
7-6 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), are
7-7 amended to read as follows:
7-8 (a) Except as provided by Subsection (b) of this section, a
7-9 license to practice acupuncture shall be denied or, after notice
7-10 and hearing, revoked if the holder of a license has performed
7-11 acupuncture on a person who was not evaluated by a physician or
7-12 dentist, as appropriate, for the condition being treated within
7-13 12 [six] months before the date acupuncture was performed.
7-14 (f) Notwithstanding Subsections (a) and (b) of this section,
7-15 an acupuncturist holding a current and valid license may, without
7-16 the person having been evaluated by [a referral from] a physician,
7-17 dentist, or chiropractor, perform acupuncture on a person for
7-18 [smoking addiction,] weight loss, relief and treatment of pain or
7-19 the prevention of pain, prevention and treatment of nausea and
7-20 vomiting, treatment of addictions to alcohol, tobacco, and other
7-21 drugs, treatment of pulmonary problems, rehabilitation from
7-22 neurological damage, irritable bowel disorder, nonulcer dyspepsia,
7-23 or ovulation stimulation or, as established by the medical board
7-24 with advice from the acupuncture board by rule, substance abuse.
7-25 SECTION 8. The importance of this legislation and the
7-26 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended,
8-4 and that this Act take effect and be in force from and after its
8-5 passage, and it is so enacted.