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


Senate Research CenterC.S.S.B. 643
77R9683 PB-DBy: Madla
Health & Human Services
3/16/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

C.S.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 1, 2001. 

SUMMARY OF COMMITTEE CHANGES

Differs from original as follows:

 _SECTION 1 has no changes. 
 
 _Original SECTION 7 is SECTION 2 of the substitute, and the substitute
adds Section 205.302(a) to require 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.  Subsection (b) no longer includes alcoholism or
chronic pain in the list of ailments for which a person may be treated for
with acupuncture.  The substitute retains the current section heading which
the original proposed to change. 

 _Original SECTION 8 is SECTION 3 of the substitute with no additional
changes. 

 _Original SECTION 9 is SECTION 4 of the substitute with no additional
changes. 

 _Renumbers SECTION 10 to SECTION 5, the effective date, but changes
Subsection (a) to remove the exception relating to Subsection (c) of the
section and removes Subsection (c). 

 _Original SECTIONS 2, 3, 4, 5 and 6, which amended Sections 205.101,
205.103, 205.253, 205.254, and 205.301, Occupations Code, are not included
in the substitute.