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.
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