By: Moncrief S.B. No. 1223
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of the practice of acupuncture.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (a), Section 6.118, Medical Practice
1-4 Act (Article 4495b, Vernon's Texas Civil Statutes), as added by
1-5 Chapter 626, Acts of the 75th Legislature, Regular Session, 1997,
1-6 is amended to read as follows:
1-7 (a) The medical board may certify a person as an acudetox
1-8 specialist under this section if the person:
1-9 (1) provides to the medical board documentation that
1-10 the person is a certified social worker, a licensed professional
1-11 counselor, a licensed psychologist, a licensed chemical dependency
1-12 counselor, a licensed vocational nurse, or a licensed registered
1-13 nurse;
1-14 (2) provides to the medical board documentation that
1-15 the person has successfully completed a training program in
1-16 acupuncture detoxification which meets guidelines approved by the
1-17 medical board; and
1-18 (3) pays a certification fee in an amount set by the
1-19 medical board.
1-20 SECTION 2. Subsections (b), (g), (h), and (i), Section 6.04,
1-21 Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-22 Statutes), are amended to read as follows:
1-23 (b) A person may not serve on the acupuncture board if the
1-24 person:
2-1 (1) is required to register as a lobbyist under
2-2 Chapter 305, Government Code, because of the person's activities
2-3 for compensation on behalf of a profession related to the operation
2-4 of the medical board or acupuncture board; or
2-5 (2) owns, operates, or has a financial interest in a
2-6 school of acupuncture.
2-7 (g) A person is not eligible for appointment as a public
2-8 member of the acupuncture board if the person or the person's
2-9 spouse:
2-10 (1) is registered, certified, or licensed by an
2-11 occupational regulatory agency in the field of health care;
2-12 (2) is employed by or participates in the management
2-13 of a business entity or other organization regulated by the medical
2-14 board or receiving funds from the medical board or acupuncture
2-15 board;
2-16 (3) owns or controls, directly or indirectly, more
2-17 than a 10 percent interest in a business entity or other
2-18 organization regulated by the medical board or acupuncture board or
2-19 receiving funds from the medical board; [or]
2-20 (4) uses or receives a substantial amount of tangible
2-21 goods, services, or funds from the medical board or acupuncture
2-22 board, other than compensation or reimbursement authorized by law
2-23 for the acupuncture board membership, attendance, or expenses; or
2-24 (5) owns, operates, or has a financial interest in a
2-25 school of acupuncture.
2-26 (h) An officer, board member, employee, or paid consultant
3-1 of a Texas trade association in the field of health care may not be
3-2 a member of the acupuncture board or an employee of the medical
3-3 board who is exempt from the state's position classification plan
3-4 or is compensated at or above the amount prescribed by the General
3-5 Appropriations Act for step 1, salary group A17 [17], of the
3-6 position classification salary schedule.
3-7 (i) A person who is the spouse of an officer, board member,
3-8 manager, or paid consultant of a Texas trade association in the
3-9 field of health care may not be a member of the acupuncture board
3-10 and may not be an employee of the medical board who is exempt from
3-11 the state's position classification plan or is compensated at or
3-12 above the amount prescribed by the General Appropriations Act for
3-13 step 1, salary group A17 [17], of the position classification
3-14 salary schedule.
3-15 SECTION 3. Section 6.07, Medical Practice Act (Article
3-16 4495b, Vernon's Texas Civil Statutes), is amended by amending
3-17 Subsection (b) and adding Subsection (i) to read as follows:
3-18 (b) To be eligible for the examination, an applicant must:
3-19 (1) be at least 21 years of age;
3-20 (2) have completed at least 48 semester hours of
3-21 college courses, including basic science courses as determined by
3-22 the advisory board; and
3-23 (3) be a graduate of a reputable [an acceptable]
3-24 acupuncture school whose entrance requirements and course of
3-25 instruction meet standards set by the acupuncture board.
3-26 (i) An applicant for a license to practice acupuncture may
4-1 not be required to appear before the acupuncture board or any of
4-2 its committees unless the application raises questions about the
4-3 applicant's:
4-4 (1) physical or mental impairment;
4-5 (2) criminal conviction; or
4-6 (3) revocation of a professional license.
4-7 SECTION 4. The Medical Practice Act (Article 4495b, Vernon's
4-8 Texas Civil Statutes) is amended by adding Section 6.102 to read as
4-9 follows:
4-10 Sec. 6.102. CONTINUING EDUCATION. The acupuncture board by
4-11 rule may require a license holder to complete a certain number of
4-12 hours of continuing education courses approved by the acupuncture
4-13 board in order to renew a license. The acupuncture board shall
4-14 consider the approval of a course conducted by any:
4-15 (1) knowledgeable health care provider; or
4-16 (2) reputable school, state, or professional
4-17 organization.
4-18 SECTION 5. Before January 1, 2004, the Texas State Board of
4-19 Acupuncture Examiners may not adopt a rule under Subsection (d),
4-20 Section 6.07, Medical Practice Act (Article 4495b, Vernon's Texas
4-21 Civil Statutes), that requires that a school of acupuncture
4-22 operating in Texas on or before September 1, 1993, be accredited
4-23 by, or a candidate for accreditation by, the Accreditation
4-24 Commission for Acupuncture and Oriental Medicine.
4-25 SECTION 6. Subdivision (3), Subsection (b), Medical Practice
4-26 Act (Article 4495b, Vernon's Texas Civil Statutes), as amended by
5-1 this Act, and Subsection (c), Section 6.07, Medical Practice Act
5-2 (Article 4495b, Vernon's Texas Civil Statutes), do not apply to an
5-3 applicant for a license to practice acupuncture if that applicant:
5-4 (1) was enrolled in a school of acupuncture in this
5-5 state on or before January 1, 1996; and
5-6 (2) has completed not less than 1,350 hours of
5-7 didactic or clinical instruction in acupuncture or the number of
5-8 similar hours required by the National Certification Commission for
5-9 Acupuncture and Oriental Medicine at the time the examination was
5-10 taken by the applicant.
5-11 SECTION 7. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended,
5-16 and that this Act take effect and be in force from and after its
5-17 passage, and it is so enacted.