SRC-MKV S.B. 643 77(R)BILL ANALYSIS


Senate Research CenterS.B. 643
By: Madla
Health & Human Services
6/14/2001
Enrolled


DIGEST AND PURPOSE 

S.B. 643 expands the definition of "acupuncture" to include evaluation and
assessment of the condition. This bill adds an acupuncturist to the Texas
Workers Compensation Commission Medical Advisory Committee and redefines
"provider" to include acupuncturists. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas State Board of
Medical Examiners in SECTION 2 (Section 205.302, Occupations Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 205.001(2) and (4), Occupations Code, to
redefine "acupuncture" and "acupuncturist." 

SECTION 2.  Amends Section 205.302, Occupations Code, as follows:

Sec. 205.302.  AUTHORIZED PRACTICE WITHOUT REFERRAL.  (a) Requires the
Texas State Board of Medical Examiners (medical board), after notice and
public hearing, to determine by rule whether an acupuncturist may treat a
patient for alcoholism or chronic pain without a referral from a physician,
dentist, or chiropractor.  Requires the medical board to make the
determination based on clinical evidence and what the medical board
determines to be in the best interest of affected patients. 

(b) Authorizes a license holder, without referral from a physician,
dentist, or chiropractor, to perform acupuncture on a person for smoking
addiction, weight loss, or substance abuse. 

SECTION 3.  Amends Section 413.005(b), Labor Code, to add "acupuncturist"
to the list of members that comprise the medical advisory committee. 

SECTION 4.   Amends Section 2(t), Texas Health Maintenance Organization Act
(Article 20A.02, V.T.I.C.), to redefine "provider." 

SECTION 5.  (a) Effective date: September 1, 2001.

(b) Requires the Texas State Board of Medical Examiners to adopt rules as
required by this Act not later than December 15, 2001.