1-1 By: Moncrief S.B. No. 1223
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Health Services;
1-4 April 8, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 8, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1223 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of the practice of acupuncture.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (a), Section 6.118, Medical Practice
1-13 Act (Article 4495b, Vernon's Texas Civil Statutes), as added by
1-14 Chapter 626, Acts of the 75th Legislature, Regular Session, 1997,
1-15 is amended to read as follows:
1-16 (a) The medical board may certify a person as an acudetox
1-17 specialist under this section if the person:
1-18 (1) provides to the medical board documentation that
1-19 the person is a certified social worker, a licensed professional
1-20 counselor, a licensed psychologist, a licensed chemical dependency
1-21 counselor, a licensed vocational nurse, or a licensed registered
1-22 nurse;
1-23 (2) provides to the medical board documentation that
1-24 the person has successfully completed a training program in
1-25 acupuncture detoxification which meets guidelines approved by the
1-26 medical board; and
1-27 (3) pays a certification fee in an amount set by the
1-28 medical board.
1-29 SECTION 2. Subsections (b), (g), (h), and (i), Section 6.04,
1-30 Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-31 Statutes), are amended to read as follows:
1-32 (b) A person may not serve on the acupuncture board if the
1-33 person:
1-34 (1) is required to register as a lobbyist under
1-35 Chapter 305, Government Code, because of the person's activities
1-36 for compensation on behalf of a profession related to the operation
1-37 of the medical board or acupuncture board; or
1-38 (2) owns, operates, or has a financial interest in a
1-39 school of acupuncture.
1-40 (g) A person is not eligible for appointment as a public
1-41 member of the acupuncture board if the person or the person's
1-42 spouse:
1-43 (1) is registered, certified, or licensed by an
1-44 occupational regulatory agency in the field of health care;
1-45 (2) is employed by or participates in the management
1-46 of a business entity or other organization regulated by the medical
1-47 board or receiving funds from the medical board or acupuncture
1-48 board;
1-49 (3) owns or controls, directly or indirectly, more
1-50 than a 10 percent interest in a business entity or other
1-51 organization regulated by the medical board or acupuncture board or
1-52 receiving funds from the medical board; [or]
1-53 (4) uses or receives a substantial amount of tangible
1-54 goods, services, or funds from the medical board or acupuncture
1-55 board, other than compensation or reimbursement authorized by law
1-56 for the acupuncture board membership, attendance, or expenses; or
1-57 (5) owns, operates, or has a financial interest in a
1-58 school of acupuncture.
1-59 (h) An officer, board member, employee, or paid consultant
1-60 of a Texas trade association in the field of health care may not be
1-61 a member of the acupuncture board or an employee of the medical
1-62 board who is exempt from the state's position classification plan
1-63 or is compensated at or above the amount prescribed by the General
1-64 Appropriations Act for step 1, salary group A17 [17], of the
2-1 position classification salary schedule.
2-2 (i) A person who is the spouse of an officer, board member,
2-3 manager, or paid consultant of a Texas trade association in the
2-4 field of health care may not be a member of the acupuncture board
2-5 and may not be an employee of the medical board who is exempt from
2-6 the state's position classification plan or is compensated at or
2-7 above the amount prescribed by the General Appropriations Act for
2-8 step 1, salary group A17 [17], of the position classification
2-9 salary schedule.
2-10 SECTION 3. Section 6.07, Medical Practice Act (Article
2-11 4495b, Vernon's Texas Civil Statutes), is amended by amending
2-12 Subsection (b) and adding Subsection (i) to read as follows:
2-13 (b) To be eligible for the examination, an applicant must:
2-14 (1) be at least 21 years of age;
2-15 (2) have completed at least 48 semester hours of
2-16 college courses, including basic science courses as determined by
2-17 the advisory board; and
2-18 (3) be a graduate of a reputable [an acceptable]
2-19 acupuncture school whose entrance requirements and course of
2-20 instruction meet standards set by the acupuncture board.
2-21 (i) An applicant for a license to practice acupuncture may
2-22 not be required to appear before the acupuncture board or any of
2-23 its committees unless the application raises questions about the
2-24 applicant's:
2-25 (1) physical or mental impairment;
2-26 (2) criminal conviction; or
2-27 (3) revocation of a professional license.
2-28 SECTION 4. The Medical Practice Act (Article 4495b, Vernon's
2-29 Texas Civil Statutes) is amended by adding Section 6.102 to read as
2-30 follows:
2-31 Sec. 6.102. CONTINUING EDUCATION. The acupuncture board by
2-32 rule may require a license holder to complete a certain number of
2-33 hours of continuing education courses approved by the acupuncture
2-34 board in order to renew a license. The acupuncture board shall
2-35 consider the approval of a course conducted by any:
2-36 (1) knowledgeable health care provider; or
2-37 (2) reputable school, state, or professional
2-38 organization.
2-39 SECTION 5. Before January 1, 2004, the Texas State Board of
2-40 Acupuncture Examiners may not adopt a rule under Subsection (d),
2-41 Section 6.07, Medical Practice Act (Article 4495b, Vernon's Texas
2-42 Civil Statutes), that requires that a school of acupuncture
2-43 operating in Texas on or before September 1, 1993, be accredited
2-44 by, or a candidate for accreditation by, the Accreditation
2-45 Commission for Acupuncture and Oriental Medicine.
2-46 SECTION 6. Subdivision (3), Subsection (b), Medical Practice
2-47 Act (Article 4495b, Vernon's Texas Civil Statutes), as amended by
2-48 this Act, and Subsection (c), Section 6.07, Medical Practice Act
2-49 (Article 4495b, Vernon's Texas Civil Statutes), do not apply to an
2-50 applicant for a license to practice acupuncture if that applicant:
2-51 (1) was enrolled in a school of acupuncture in this
2-52 state on or before January 1, 1996; and
2-53 (2) has completed not less than 1,350 hours of
2-54 didactic or clinical instruction in acupuncture or the number of
2-55 similar hours required by the National Certification Commission for
2-56 Acupuncture and Oriental Medicine at the time the examination was
2-57 taken by the applicant.
2-58 SECTION 7. The importance of this legislation and the
2-59 crowded condition of the calendars in both houses create an
2-60 emergency and an imperative public necessity that the
2-61 constitutional rule requiring bills to be read on three several
2-62 days in each house be suspended, and this rule is hereby suspended,
2-63 and that this Act take effect and be in force from and after its
2-64 passage, and it is so enacted.
2-65 * * * * *