1-1 By: Madla S.B. No. 643
1-2 (In the Senate - Filed February 9, 2001; February 13, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 19, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 March 19, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 643 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the practice of acupuncture.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivisions (2) and (4), Section 205.001,
1-13 Occupations Code, are amended to read as follows:
1-14 (2) "Acupuncture" means:
1-15 (A) the nonsurgical, nonincisive insertion of an
1-16 acupuncture needle and the application of moxibustion to specific
1-17 areas of the human body as a primary mode of therapy to treat and
1-18 mitigate a human condition, including evaluation and assessment of
1-19 the condition; and
1-20 (B) the administration of thermal or electrical
1-21 treatments or the recommendation of dietary guidelines, energy flow
1-22 exercise, or dietary or herbal supplements in conjunction with the
1-23 treatment described by Paragraph (A).
1-24 (4) "Acupuncturist" means a person who:
1-25 (A) practices acupuncture; and
1-26 (B) directly or indirectly charges a fee for the
1-27 performance of acupuncture services.
1-28 SECTION 2. Section 205.302, Occupations Code, is amended to
1-29 read as follows:
1-30 Sec. 205.302. AUTHORIZED PRACTICE WITHOUT REFERRAL.
1-31 (a) After notice and public hearing, the medical board shall
1-32 determine by rule whether an acupuncturist may treat a patient for
1-33 alcoholism or chronic pain without a referral from a physician,
1-34 dentist, or chiropractor. The medical board shall make the
1-35 determination based on clinical evidence and what the medical board
1-36 determines to be in the best interest of affected patients.
1-37 (b) Notwithstanding Section 205.301, a license holder may,
1-38 without a referral from a physician, dentist, or chiropractor,
1-39 perform acupuncture on a person for:
1-40 (1) smoking addiction;
1-41 (2) weight loss; or
1-42 (3) substance abuse, to the extent permitted by
1-43 medical board rule adopted with advice from the acupuncture board.
1-44 SECTION 3. Subsection (b), Section 413.005, Labor Code, is
1-45 amended to read as follows:
1-46 (b) The medical advisory committee is composed of members
1-47 appointed by the commission as follows:
1-48 (1) a representative of a public health care facility;
1-49 (2) a representative of a private health care
1-50 facility;
1-51 (3) a doctor of medicine;
1-52 (4) a doctor of osteopathic medicine;
1-53 (5) a chiropractor;
1-54 (6) a dentist;
1-55 (7) a physical therapist;
1-56 (8) a pharmacist;
1-57 (9) a podiatrist;
1-58 (10) an acupuncturist;
1-59 (11) an occupational therapist;
1-60 (12) [(11)] a medical equipment supplier;
1-61 (13) [(12)] a registered nurse;
1-62 (14) [(13)] a representative of employers;
1-63 (15) [(14)] a representative of employees;
1-64 (16) [(15)] a representative of an insurance carrier;
2-1 and
2-2 (17) [(16)] two representatives of the general public.
2-3 SECTION 4. Subsection (t), Section 2, Texas Health
2-4 Maintenance Organization Act (Article 20A.02, Vernon's Texas
2-5 Insurance Code), is amended to read as follows:
2-6 (t) "Provider" means:
2-7 (1) any person other than a physician, including a
2-8 licensed doctor of chiropractic, registered nurse, pharmacist,
2-9 optometrist, registered optician, acupuncturist, pharmacy,
2-10 hospital, or other institution or organization or person that is
2-11 licensed or otherwise authorized to provide a health care service
2-12 in this state;
2-13 (2) a person who is wholly owned or controlled by a
2-14 provider or by a group of providers who are licensed to provide the
2-15 same health care service; or
2-16 (3) a person who is wholly owned or controlled by one
2-17 or more hospitals and physicians, including a physician-hospital
2-18 organization.
2-19 SECTION 5. (a) This Act takes effect September 1, 2001.
2-20 (b) The Texas State Board of Medical Examiners shall adopt
2-21 rules as required by this Act not later than December 1, 2001.
2-22 * * * * *