HBA-MPM S.B. 643 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 643 By: Madla Public Health 4/30/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Current law does not include evaluation and assessment of a condition in the definition of acupuncture, nor does it specify whether an acupuncturist may treat a patient for alcoholism or chronic pain without referral from a physician, dentist, or chiropractor. Additionally, acupuncturists are not represented on the medical advisory committee (advisory committee) of the Texas Workers Compensation Commission, and an acupuncturist is not included in the definition of "provider" for purposes of the Texas Health Maintenance Organization Act. Senate Bill 643 requires the Texas State Board of Medical Examiners to determine whether an acupuncturist may treat a patient for alcoholism or chronic pain without a referral, adds an acupuncturist to the advisory committee, and includes an acupuncturist in the definition of "provider" for purposes of the Texas Health Maintenance Organization Act. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Medical Examiners in SECTION 2 (Section 205.302, Occupations Code) and SECTION 5 of this bill. ANALYSIS Senate Bill 643 amends the Occupations Code to include the evaluation and assessment of a human condition in the definition of "acupuncture." The bill modifies the definition of "acupuncturist" to mean a person who directly or indirectly charges a fee for the performance of acupuncture services. The bill requires the Texas State Board of Medical Examiners (board) after notice and public hearing to determine by rule no later than December 1, 2001 whether an acupuncturist may treat a patient for alcoholism or chronic pain without a referral from a physician, dentist, or chiropractor. The board is required to make the determination based on clinical evidence and what the board determines to be in the best interest of affected patients. S.B. 543 amends the Labor Code to include an acupuncturist among those individuals who comprise the membership of the Texas Workers Compensation Commission medical advisory committee. The bill amends the Insurance Code to include an acupuncturist in the definition of "provider" for purposes of the Texas Health Maintenance Organization Act. EFFECTIVE DATE September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 requires the Texas State Board of Medical Examiners to determine by rule whether an acupuncturist may treat a patient for alcoholism or chronic pain without a referral no later than December 15, 2001 rather than December 1, 2001.