By Madla S.B. No. 643
77R5779 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 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 205.101, 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 (3) [(4)] develop requirements for licensure by
2-10 endorsement of other states;
2-11 (4) [(5)] prescribe the application form for a license
2-12 to practice acupuncture;
2-13 (5) [(6)] make recommendations on applications for
2-14 licenses to practice acupuncture; and
2-15 (6) [(7) establish the requirements for a tutorial
2-16 program for acupuncture students who have completed at least 48
2-17 semester 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 EVALUATION OR
4-14 REFERRAL. Notwithstanding Section 205.301, a license holder may,
4-15 without an evaluation or [a] referral from a physician, dentist, or
4-16 chiropractor, perform acupuncture on a person for:
4-17 (1) smoking addiction;
4-18 (2) weight loss; [or]
4-19 (3) substance abuse, to the extent permitted by
4-20 medical board rule adopted with advice from the acupuncture board;
4-21 (4) alcoholism; or
4-22 (5) chronic pain.
4-23 SECTION 8. Section 413.005(b), Labor Code, is amended to read
4-24 as follows:
4-25 (b) The medical advisory committee is composed of members
4-26 appointed by the commission as follows:
4-27 (1) a representative of a public health care facility;
5-1 (2) a representative of a private health care
5-2 facility;
5-3 (3) a doctor of medicine;
5-4 (4) a doctor of osteopathic medicine;
5-5 (5) a chiropractor;
5-6 (6) a dentist;
5-7 (7) a physical therapist;
5-8 (8) a pharmacist;
5-9 (9) a podiatrist;
5-10 (10) an acupuncturist;
5-11 (11) an occupational therapist;
5-12 (12) [(11)] a medical equipment supplier;
5-13 (13) [(12)] a registered nurse;
5-14 (14) [(13)] a representative of employers;
5-15 (15) [(14)] a representative of employees;
5-16 (16) [(15)] a representative of an insurance carrier;
5-17 and
5-18 (17) [(16)] two representatives of the general public.
5-19 SECTION 9. Section 2(t), Texas Health Maintenance
5-20 Organization Act (Article 20A.02, Vernon's Texas Insurance Code),
5-21 is amended to read as follows:
5-22 (t) "Provider" means:
5-23 (1) any person other than a physician, including a
5-24 licensed doctor of chiropractic, registered nurse, pharmacist,
5-25 optometrist, registered optician, acupuncturist, pharmacy,
5-26 hospital, or other institution or organization or person that is
5-27 licensed or otherwise authorized to provide a health care service
6-1 in this state;
6-2 (2) a person who is wholly owned or controlled by a
6-3 provider or by a group of providers who are licensed to provide the
6-4 same health care service; or
6-5 (3) a person who is wholly owned or controlled by one
6-6 or more hospitals and physicians, including a physician-hospital
6-7 organization.
6-8 SECTION 10. (a) Except as provided by Subsection (c) of this
6-9 section, this Act takes effect September 1, 2001.
6-10 (b) The Texas State Board of Medical Examiners and the Texas
6-11 State Board of Acupuncture Examiners shall adopt rules as required
6-12 by this Act not later than December 1, 2001.
6-13 (c) Section 205.302, Occupations Code, as amended by this
6-14 Act, takes effect January 1, 2002.