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


Senate Research Center   S.B. 643
77R5779 PB-DBy: Madla
Health & Human Services
3/1/2001
As Filed


DIGEST AND PURPOSE 

S.B. 643 expands the definition of "acupuncture" to include evaluation and
assessment of he condition. This bill also adds alcoholism and chronic pain
to the list of conditions for which an acupuncturist can provide services
without a physician evaluation, and it also establishes a 12 month outer
limit for a referral evaluation of an acupuncture patient before services.
Finally this bill adds an acupuncturist to the Texas Workers Compensation
Commission Medical Advisory Committee. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

Rulemaking authority is expressly granted to the Texas State Board of
Acupuncture Examiners in SECTION 2 (Section 205.101, 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 205.101, Occupations Code, as follows:

(a) Deletes language requiring the Texas State Board of Acupuncture
Examiners (board) to establish minimum education and training requirements
necessary for the board to recommend that the Texas State Board of Medical
Examiners (medical board) issue a license to practice acupuncture and
requiring the acupuncture board to establish the requirements for a
tutorial program for acupuncture students who have completed at least 48
semester hours of college. 

(b) Requires the board, by rule and without the advice or approval of the
medical board, to establish minimum educational and training requirements
as necessary to enable the board to recommend that the medical board issue
a license to practice acupuncture.  Authorizes the board, in establishing
the requirements, to consider the minimum educational and training
requirements established by the Accreditation Commission for Acupuncture
and Oriental Medicine.  Deletes language prohibiting the board from having
independent rulemaking authority. 

SECTION 3.  Amends Section 205.103, Occupations Code, to change reference
from "medical board" to "acupuncture board." 

SECTION 4.  Amends Sections 205.253 (a), (b), and (c), to make conforming
changes. 

SECTION 5.  Amends Section 205.254 (b), to make a conforming change.
 
SECTION 6.  Amends Section 205.301 (a), to change the length of time
between an evaluation by a physician or dentist and the date of acupuncture
from six months to 12 months. 

SECTION 7.  Amends Section 205.302, Occupations Code, as follows:

Sec. 205.302.  New heading:  AUTHORIZES PRACTICE WITHOUT EVALUATION OR
REFERRAL.  Authorizes a license holder, without an evaluation or referral
from a physician, dentist, or chiropractor, to perform acupuncture on a
person for smoking addiction, weight loss, substance abuse, alcoholism, or
chronic pain. 

SECTION 8.  Amends Section 413.005 (b), Labor Code, to add "acupuncturist"
to the list of members that comprise the medical advisory committee. 

SECTION 9.  Amends Section 2(t), Texas Health Maintenance Organization Act
(Article 20A.02, V.T.I.C.), to redefine "provider." 

SECTION 10.  (a) Effective date: September 1, 2001, except as provided by
Subsection (c) of this section. 

(b) Requires the Texas State Board of Medical Examiners and the Texas State
Board of Acupuncture Examiners to adopt rules as required by this Act not
later than December 1, 2001. 

(c) Provides that Section 205.302, Occupations Code, as amended by this
Act, takes effect January 1, 2002.