79R9125 MSE-D

By:  Armbrister                                                   S.B. No. 1167



A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of the Texas State Board of 
Acupuncture Examiners.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 205.001(2), Occupations Code, is amended 
to read as follows:
		(2)  "Acupuncture and oriental medicine" means:                        
			(A)  the nonsurgical, nonincisive insertion of an 
acupuncture needle and the application of moxibustion to specific 
areas of the human body as a primary mode of therapy to treat and 
mitigate a human condition, including evaluation and assessment of 
the condition; and
			(B)  the administration or recommendation of 
thermal or electrical treatments, [or the recommendation of] 
dietary guidelines, energy flow exercise, or dietary or herbal 
supplements in conjunction with the treatment described by 
Paragraph (A).
	SECTION 2.  Section 205.002, Occupations Code, is amended to 
read as follows:
	Sec. 205.002.  APPLICATION OF SUNSET ACT.  The Texas State 
Board of Acupuncture Examiners is subject to Chapter 325, 
Government Code (Texas Sunset Act).  Unless continued in existence 
as provided by that chapter, the board is abolished and this chapter 
expires September 1, 2017 [2005].
	SECTION 3.  Section 205.101, Occupations Code, is amended by 
amending Subsection (a) and adding Subsection (c) to read as 
follows:
	(a)  Subject to the advice and approval of the medical board, 
the acupuncture board shall:
		(1)  establish qualifications for an acupuncturist to 
practice in this state;
		(2)  establish minimum education and training 
requirements necessary for the acupuncture board to recommend that 
the medical board issue a license to practice acupuncture;
		(3)  administer an examination that is validated by 
independent testing professionals for a license to practice 
acupuncture;
		(4)  develop requirements for licensure by endorsement 
of other states;     
		(5)  prescribe the application form for a license to 
practice acupuncture;  
		(6)  make recommendations on applications for licenses 
to practice acupuncture;
		(7)  approve educational programs or institutions of 
acupuncture that meet the acupuncture board's minimum standards 
[establish the requirements for a tutorial program for acupuncture 
students who have completed at least 48 semester hours of college]; 
and
		(8)  recommend additional rules as are necessary to 
administer and enforce this chapter.
	(c)  In establishing minimum education and training 
requirements, the medical board shall consider the minimum 
education and training standards established by the Accreditation 
Commission for Acupuncture and Oriental Medicine.
	SECTION 4.  This Act takes effect September 1, 2005.