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.