By Gray                                               H.B. No. 2619
         77R4106 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the practice of acupuncture.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Sections 205.001(2) and (4), Occupations Code, are
 1-5     amended to read as follows:
 1-6                 (2)  "Acupuncture" means:
 1-7                       (A)  the nonsurgical, nonincisive insertion of an
 1-8     acupuncture needle and the application of moxibustion to specific
 1-9     areas of the human body as a primary mode of therapy to treat and
1-10     mitigate a human condition, including diagnosis, evaluation, and
1-11     assessment of the condition; and
1-12                       (B)  the administration of thermal or electrical
1-13     treatments or the recommendation of dietary guidelines, energy flow
1-14     exercise, or dietary or herbal supplements in conjunction with the
1-15     treatment described by Paragraph (A).
1-16                 (4)  "Acupuncturist" means a person who:
1-17                       (A)  practices acupuncture; and
1-18                       (B)  directly or indirectly charges a fee for the
1-19     performance of acupuncture services.
1-20           SECTION 2. Section 205.101, Occupations Code, is amended to
1-21     read as follows:
1-22           Sec. 205.101.  GENERAL POWERS AND DUTIES OF ACUPUNCTURE
1-23     BOARD. (a)  Subject to the advice and approval of the medical
1-24     board, the acupuncture board shall:
 2-1                 (1)  establish qualifications for an acupuncturist to
 2-2     practice in this state;
 2-3                 (2)  establish minimum education and training
 2-4     requirements necessary for the acupuncture board to recommend that
 2-5     the medical board issue a license to practice acupuncture;
 2-6                 (3)  administer an examination that is validated by
 2-7     independent testing professionals for a license to practice
 2-8     acupuncture;
 2-9                 (4)  develop requirements for licensure by endorsement
2-10     of other states;
2-11                 (5)  prescribe the application form for a license to
2-12     practice acupuncture;
2-13                 (6)  make recommendations on applications for licenses
2-14     to practice acupuncture; and
2-15                 (7)  [establish the requirements for a tutorial program
2-16     for acupuncture students who have completed at least 48 semester
2-17     hours of college; and]
2-18                 [(8)]  recommend additional rules as are necessary to
2-19     administer and enforce this chapter.
2-20           (b)  The acupuncture board shall, by rule and without the
2-21     advice or approval of the medical board, establish minimum
2-22     educational and training requirements as necessary to enable the
2-23     acupuncture board to recommend that the medical board issue a
2-24     license to practice acupuncture.  In establishing the requirements,
2-25     the acupuncture board may consider the minimum educational and
2-26     training requirements established by the Accreditation Commission
2-27     for Acupuncture and Oriental Medicine [does not have independent
 3-1     rulemaking authority].
 3-2           SECTION 3. Section 205.103, Occupations Code, is amended to
 3-3     read as follows:
 3-4           Sec. 205.103.  FEES. The acupuncture [medical] board shall
 3-5     set and collect fees in amounts that are reasonable and necessary
 3-6     to cover the costs of administering and enforcing this chapter
 3-7     without the use of any other funds generated by the medical board.
 3-8           SECTION 4. Sections 205.253(a), (b), and (c), Occupations
 3-9     Code, are amended to read as follows:
3-10           (a)  A person who is otherwise eligible to renew a license
3-11     may renew an unexpired license by paying the required renewal fee
3-12     to the acupuncture [medical] board before the expiration date of
3-13     the license.  A person whose license has expired may not engage in
3-14     activities that require a license until the license has been
3-15     renewed under this section or Section 205.254.
3-16           (b)  If the person's license has been expired for 90 days or
3-17     less, the person may renew the license by paying to the acupuncture
3-18     [medical] board a fee in an amount equal to one and one-half times
3-19     the required renewal fee.
3-20           (c)  If the person's license has been expired for longer than
3-21     90 days but less than one year, the person may renew the license by
3-22     paying to the acupuncture [medical] board a fee in an amount equal
3-23     to two times the required renewal fee.
3-24           SECTION 5. Section 205.254(b), Occupations Code, is amended
3-25     to read as follows:
3-26           (b)  The person must pay to the acupuncture [medical] board a
3-27     fee in an amount equal to two times the required renewal fee for
 4-1     the license.
 4-2           SECTION 6. Section 205.301(a), Occupations Code, is amended
 4-3     to read as follows:
 4-4           (a)  A license holder may perform acupuncture on a person
 4-5     only if the person was:
 4-6                 (1)  evaluated by a physician or dentist, as
 4-7     appropriate, for the condition being treated within 12 [six] months
 4-8     before the date acupuncture is performed; or
 4-9                 (2)  referred by a chiropractor within 30 days before
4-10     the date acupuncture is performed.
4-11           SECTION 7. Section 205.302, Occupations Code, is amended to
4-12     read as follows:
4-13           Sec. 205.302.  AUTHORIZED PRACTICE WITHOUT REFERRAL. (a)  In
4-14     this section, "nationally recognized health authority" means any
4-15     entity recognized by rule by the medical board, including:
4-16                 (1)  a national or international organization, such as
4-17     the National Institutes of Health or the World Health Organization;
4-18     and
4-19                 (2)  a major medical journal, such as the  Journal of
4-20     the American Medical Association or other similar major medical
4-21     journals whose articles are subject to peer review.
4-22           (b)  Notwithstanding Section 205.301, a license holder may,
4-23     without a referral from a physician, dentist, or chiropractor,
4-24     perform acupuncture on a person for:
4-25                 (1)  smoking addiction;
4-26                 (2)  weight loss; or
4-27                 (3)  substance abuse, to the extent permitted by
 5-1     medical board rule adopted with advice from the acupuncture board.
 5-2           (c)  In addition to a practice authorized under Subsection
 5-3     (b), a license holder may, without a referral from a physician,
 5-4     dentist, or chiropractor, perform acupuncture on a person for a
 5-5     condition for which acupuncture has been determined by a nationally
 5-6     recognized health authority to be an effective therapy, including:
 5-7                 (1)  alcoholism;
 5-8                 (2)  chronic pain; and
 5-9                 (3)  morning sickness.
5-10           SECTION 8. Section 413.005(b), Labor Code, is amended to read
5-11     as follows:
5-12           (b)  The medical advisory committee is composed of members
5-13     appointed by the commission as follows:
5-14                 (1)  a representative of a public health care facility;
5-15                 (2)  a representative of a private health care
5-16     facility;
5-17                 (3)  a doctor of medicine;
5-18                 (4)  a doctor of osteopathic medicine;
5-19                 (5)  a chiropractor;
5-20                 (6)  a dentist;
5-21                 (7)  a physical therapist;
5-22                 (8)  a pharmacist;
5-23                 (9)  a podiatrist;
5-24                 (10)  an acupuncturist;
5-25                 (11)  an occupational therapist;
5-26                 (12) [(11)]  a medical equipment supplier;
5-27                 (13) [(12)]  a registered nurse;
 6-1                 (14) [(13)]  a representative of employers;
 6-2                 (15) [(14)]  a representative of employees;
 6-3                 (16) [(15)]  a representative of an insurance carrier;
 6-4     and
 6-5                 (17) [(16)]  two representatives of the general public.
 6-6           SECTION 9. Section 2(t), Texas Health Maintenance
 6-7     Organization Act (Article 20A.02, Vernon's Texas Insurance Code),
 6-8     is amended to read as follows:
 6-9           (t)  "Provider" means:
6-10                 (1)  any person other than a physician, including a
6-11     licensed doctor of chiropractic, registered nurse, pharmacist,
6-12     optometrist, registered optician, acupuncturist, pharmacy,
6-13     hospital, or other institution or organization or person that is
6-14     licensed or otherwise authorized to provide a health care service
6-15     in this state;
6-16                 (2)  a person who is wholly owned or controlled by a
6-17     provider or by a group of providers who are licensed to provide the
6-18     same health care service; or
6-19                 (3)  a person who is wholly owned or controlled by one
6-20     or more hospitals and physicians, including a physician-hospital
6-21     organization.
6-22           SECTION 10. Section 14, Texas Health Maintenance Organization
6-23     Act (Article 20A.14, Vernon's Texas Insurance Code), is amended by
6-24     adding Subsection (p) to read as follows:
6-25           (p)  A health maintenance organization may not refuse to
6-26     contract with an acupuncturist licensed by the Texas State Board of
6-27     Medical Examiners to be included in the organization's provider
 7-1     network, refuse to reimburse the acupuncturist for covered
 7-2     services, or otherwise discriminate against the acupuncturist in
 7-3     the provision of services that are delivered by the health
 7-4     maintenance organization and that are within the scope of the
 7-5     acupuncturist's license.
 7-6           SECTION 11. (a)  Except as provided by Subsection (c) of this
 7-7     section, this Act takes effect September 1, 2001.
 7-8           (b)  The Texas State Board of Medical Examiners and the Texas
 7-9     State Board of Acupuncture Examiners shall adopt rules as required
7-10     by this Act not later than December 1, 2001.
7-11           (c)  Section 205.302, Occupations Code, as amended by this
7-12     Act, takes effect January 1, 2002.