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.
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