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.