By: Madla S.B. No. 643
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. Subdivisions (2) and (4), Section 205.001,
1-5 Occupations Code, are 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 evaluation and assessment of
1-11 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 205.302, Occupations Code, is amended to
1-21 read as follows:
1-22 Sec. 205.302. AUTHORIZED PRACTICE WITHOUT REFERRAL.
1-23 (a) After notice and public hearing, the medical board shall
1-24 determine by rule whether an acupuncturist may treat a patient for
1-25 alcoholism or chronic pain without a referral from a physician,
2-1 dentist, or chiropractor. The medical board shall make the
2-2 determination based on clinical evidence and what the medical board
2-3 determines to be in the best interest of affected patients.
2-4 (b) Notwithstanding Section 205.301, a license holder may,
2-5 without a referral from a physician, dentist, or chiropractor,
2-6 perform acupuncture on a person for:
2-7 (1) smoking addiction;
2-8 (2) weight loss; or
2-9 (3) substance abuse, to the extent permitted by
2-10 medical board rule adopted with advice from the acupuncture board.
2-11 SECTION 3. Subsection (b), Section 413.005, Labor Code, is
2-12 amended to read as follows:
2-13 (b) The medical advisory committee is composed of members
2-14 appointed by the commission as follows:
2-15 (1) a representative of a public health care facility;
2-16 (2) a representative of a private health care
2-17 facility;
2-18 (3) a doctor of medicine;
2-19 (4) a doctor of osteopathic medicine;
2-20 (5) a chiropractor;
2-21 (6) a dentist;
2-22 (7) a physical therapist;
2-23 (8) a pharmacist;
2-24 (9) a podiatrist;
2-25 (10) an acupuncturist;
2-26 (11) an occupational therapist;
3-1 (12) [(11)] a medical equipment supplier;
3-2 (13) [(12)] a registered nurse;
3-3 (14) [(13)] a representative of employers;
3-4 (15) [(14)] a representative of employees;
3-5 (16) [(15)] a representative of an insurance carrier;
3-6 and
3-7 (17) [(16)] two representatives of the general public.
3-8 SECTION 4. Subsection (t), Section 2, Texas Health
3-9 Maintenance Organization Act (Article 20A.02, Vernon's Texas
3-10 Insurance Code), is amended to read as follows:
3-11 (t) "Provider" means:
3-12 (1) any person other than a physician, including a
3-13 licensed doctor of chiropractic, registered nurse, pharmacist,
3-14 optometrist, registered optician, acupuncturist, pharmacy,
3-15 hospital, or other institution or organization or person that is
3-16 licensed or otherwise authorized to provide a health care service
3-17 in this state;
3-18 (2) a person who is wholly owned or controlled by a
3-19 provider or by a group of providers who are licensed to provide the
3-20 same health care service; or
3-21 (3) a person who is wholly owned or controlled by one
3-22 or more hospitals and physicians, including a physician-hospital
3-23 organization.
3-24 SECTION 5. (a) This Act takes effect September 1, 2001.
3-25 (b) The Texas State Board of Medical Examiners shall adopt
3-26 rules as required by this Act not later than December 1, 2001.
4-1 COMMITTEE AMENDMENT NO. 1
4-2 Amend S.B. 643 on page 3, line 26 by striking "[1]" and
4-3 substituting "15."
4-4 Gray