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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practice of acupuncture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 205.001, Occupations Code, is amended by |
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amending Subdivision (2) and adding Subdivision (2-a) to read as |
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follows: |
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(2) "Acupuncture" means: |
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(A) the [nonsurgical, nonincisive] insertion of |
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an acupuncture needle and the application of moxibustion to |
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specific areas of the human body as a primary mode of therapy to |
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treat and mitigate a human condition, including evaluation and |
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assessment of the condition; and |
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(B) the administration or recommendation of |
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thermal or electrical treatments or [the recommendation] of dietary |
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guidelines, energy flow exercise, or dietary or herbal supplements |
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in conjunction with the treatment described by Paragraph (A). |
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(2-a) "Acupuncture" does not include surgery or |
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clinical needle electromyography. |
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SECTION 2. Section 205.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 205.003. EXEMPTION; LIMITATION. (a) This chapter |
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does not apply to a physician [health care professional licensed
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under another statute of this state and acting within the scope of
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the license]. |
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(b) This chapter does not: |
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(1) limit the practice of medicine by a physician, |
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including the delegation and supervision of medical acts by a |
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physician; |
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(2) permit the unauthorized practice of medicine; or |
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(3) permit a person to dispense, administer, or supply |
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a controlled substance, narcotic, or dangerous drug [unless the
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person is authorized by other law to do so]. |
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SECTION 3. Section 205.060, Occupations Code, is amended to |
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read as follows: |
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Sec. 205.060. APPLICATION OF OPEN MEETINGS, OPEN RECORDS, |
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AND ADMINISTRATIVE PROCEDURE LAWS. (a) Except as provided by |
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this chapter, the acupuncture board is subject to Chapters 551, |
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552, and 2001, Government Code. |
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(b) The acupuncture board may hear all evidence and |
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arguments and conduct deliberations relating to license |
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applications and disciplinary actions under this chapter in |
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executive sessions. The board shall vote and announce its |
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decisions in open session. Deliberations by the board relating to |
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license applications and disciplinary actions are exempt from |
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Chapter 551, Government Code. |
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SECTION 4. Section 205.101, Occupations Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d) to read |
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as follows: |
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(a) Except as provided by Subsection (d) [Subject to the
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advice and approval of the medical board], the acupuncture board |
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shall: |
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(1) establish qualifications for an acupuncturist to |
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practice in this state; |
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(2) establish minimum education and training |
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requirements necessary for the acupuncture board to [recommend that
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the medical board] issue a license to practice acupuncture; |
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(3) administer an examination that is validated by |
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independent testing professionals for a license to practice |
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acupuncture; |
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(4) develop requirements for licensure by endorsement |
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of other states; |
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(5) prescribe the application form for a license to |
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practice acupuncture; |
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(6) [recommend rules to] establish licensing and other |
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fees; and |
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(7) adopt [establish the requirements for a tutorial
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program for acupuncture students who have completed at least 48
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semester hours of college; and
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[(8) recommend] additional rules as are necessary to |
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administer and enforce this chapter. |
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(b) In establishing minimum education and training |
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requirements under Subsection (a)(2), the acupuncture board shall |
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consider the minimum education and training standards established |
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by the Accreditation Commission for Acupuncture and Oriental |
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Medicine. |
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(d) A rule relating to the scope of practice of acupuncture |
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must have the advice and approval of the medical board. [The
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acupuncture board does not have independent rulemaking authority.
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A rule adopted by the acupuncture board is subject to medical board
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approval.] |
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SECTION 5. Section 205.103, Occupations Code, is amended to |
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read as follows: |
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Sec. 205.103. FEES. The acupuncture [medical] board shall |
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set [and collect] fees in amounts that are reasonable and necessary |
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to cover the costs of administering and enforcing this chapter, |
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including the costs for the medical board to collect the fees, |
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without the use of any [other] funds generated by the medical board. |
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SECTION 6. Section 205.201, Occupations Code, is amended to |
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read as follows: |
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Sec. 205.201. LICENSE REQUIRED. (a) Except as provided by |
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Section 205.303, a person may not practice or represent that the |
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person practices acupuncture in this state unless the person holds |
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a license to practice acupuncture issued by the acupuncture board |
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under this chapter. |
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(b) A person practices acupuncture if the person performs, |
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offers to perform, or attempts to perform acupuncture. |
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(c) A person represents that the person practices |
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acupuncture if the person: |
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(1) uses in connection with the person's name or |
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business activity: |
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(A) the word "acupuncturist" or "acupuncture"; |
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(B) the letters or abbreviation "L.Ac." or |
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"Lic.Ac."; or |
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(C) any other words, letters, abbreviations, or |
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insignia indicating or implying that the person is an |
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acupuncturist; or |
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(2) directly or by implication represents to the |
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public that the person is an acupuncturist or that the person |
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provides acupuncture. |
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(d) This section does not apply to a physician or a person |
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acting under the delegation and supervision of a physician. |
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SECTION 7. Section 205.204, Occupations Code, is amended to |
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read as follows: |
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Sec. 205.204. APPLICATION FOR EXAMINATION. An application |
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for examination must be: |
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(1) in writing on a form prescribed by the acupuncture |
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board; |
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(2) verified by affidavit; |
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(3) filed with the executive director; and |
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(4) accompanied by a fee in an amount set by the |
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acupuncture [medical] board. |
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SECTION 8. Section 205.208, Occupations Code, is amended to |
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read as follows: |
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Sec. 205.208. TEMPORARY LICENSE. The acupuncture board may |
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adopt rules and recommend to the medical board fees relating to |
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granting temporary licenses and extending the expiration dates of |
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temporary licenses. The acupuncture board by rule shall set a time |
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limit for the term of a temporary license [(a)
The acupuncture
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board may, through the executive director, issue a temporary
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license to practice acupuncture to an applicant who:
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[(1)
submits an application on a form prescribed by
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the acupuncture board;
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[(2)
has passed a national or other examination
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recognized by the acupuncture board relating to the practice of
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acupuncture;
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[(3) pays the appropriate fee;
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[(4)
if licensed in another state, is in good standing
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as an acupuncturist; and
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[(5)
meets all the qualifications for a license under
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this chapter but is waiting for the next scheduled meeting of the
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medical board for the license to be issued.
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[(b)
A temporary license is valid for 100 days after the
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date issued and may be extended only for another 30 days after the
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date the initial temporary license expires]. |
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SECTION 9. The heading to Section 205.301, Occupations |
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Code, is amended to read as follows: |
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Sec. 205.301. EVALUATION [REFERRAL] BY OTHER HEALTH CARE |
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PRACTITIONER REQUIRED. |
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SECTION 10. Subsections (a), (b), and (d), Section 205.301, |
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Occupations Code, are amended to read as follows: |
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(a) A license holder may perform acupuncture on a person |
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only if the person was[:
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[(1)] evaluated by a physician, chiropractor, or |
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dentist, or a person acting under the delegation and supervision of |
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a physician, as appropriate, for the condition being treated within |
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12 [six] months before the date acupuncture is performed[; or
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[(2)
referred by a chiropractor within 30 days before
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the date acupuncture is performed]. |
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(b) A license holder acting under Subsection (a) [(a)(1)] |
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must obtain reasonable documentation that the required evaluation |
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has taken place. If the license holder is unable to determine that |
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an evaluation has taken place, the license holder must obtain a |
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written statement signed by the person on a form prescribed by the |
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acupuncture board that states the person has been evaluated by a |
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physician, chiropractor, or dentist, or a person acting under the |
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delegation and supervision of a physician, within the prescribed |
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time. The form must contain a clear statement that the person |
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should be evaluated by a physician, chiropractor, or dentist, or a |
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person acting under the delegation and supervision of a physician, |
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for the condition being treated by the license holder. |
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(d) The medical board, with advice from the acupuncture |
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board, by rule may modify: |
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(1) the scope of the evaluation under Subsection (a) |
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[(a)(1)]; or |
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(2) the period during which treatment must begin under |
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Subsection (a) [(a)(1) or (2); or
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[(3)
the number of treatments or days before referral
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to a physician is required under Subsection (c)]. |
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SECTION 11. Section 205.302, Occupations Code, is amended |
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to read as follows: |
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Sec. 205.302. AUTHORIZED PRACTICE WITHOUT EVALUATION |
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[REFERRAL]. [(a)
After notice and public hearing, the medical
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board shall determine by rule whether an acupuncturist may treat a
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patient for alcoholism or chronic pain without a referral from a
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physician, dentist, or chiropractor. The medical board shall make
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the determination based on clinical evidence and what the medical
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board determines to be in the best interest of affected patients.
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[(b)] Notwithstanding Section 205.301, a license holder |
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may, without an evaluation [a referral] from a physician, dentist, |
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or chiropractor, or a person acting under the delegation and |
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supervision of a physician, perform acupuncture on a person for: |
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(1) smoking addiction; |
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(2) weight loss; or |
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(3) [substance abuse,] to the extent permitted by |
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medical board rule adopted with advice from the acupuncture board: |
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(A) substance abuse; |
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(B) chronic pain; |
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(C) stress; |
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(D) an allergy; or |
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(E) nausea. |
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SECTION 12. Subsection (a) and (d), Section 205.303, |
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Occupations Code, are amended to read as follows: |
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(a) The medical board may certify a person as an acudetox |
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specialist under this section if the person: |
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(1) provides to the medical board documentation that |
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the person: |
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(A) is a licensed social worker, licensed |
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professional counselor, licensed psychologist, licensed chemical |
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dependency counselor, licensed vocational nurse, or licensed |
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registered nurse; and |
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(B) has successfully completed a training |
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program in acupuncture detoxification that meets guidelines |
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approved by the medical board; and |
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(2) pays a certification fee in an amount set by the |
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acupuncture [medical] board. |
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(d) The medical board may annually renew the certification |
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of an acudetox specialist under this section if the person: |
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(1) provides to the medical board documentation that: |
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(A) the certification or license required under |
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Subsection (a)(1)(A) is in effect; and |
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(B) the person has successfully met continuing |
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education requirements established by the medical board under |
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Subsection (e); and |
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(2) pays a certification renewal fee in an amount set |
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by the acupuncture [medical] board. |
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SECTION 13. Section 205.3544, Occupations Code, is amended |
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to read as follows: |
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Sec. 205.3544. LIMIT ON ACCESS TO INVESTIGATION FILES. |
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(a) Each complaint, adverse report, investigation file, other |
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investigation report, and other investigative information in the |
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possession of or received or gathered by the acupuncture board or a |
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medical board employee or agent relating to a license holder, an |
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application for license, or a criminal investigation or proceeding |
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is privileged and confidential and is not subject to discovery, |
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subpoena, or other means of legal compulsion for release to anyone |
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other than the acupuncture board or medical board employees or |
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agents involved in discipline of a license holder. |
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(b) Investigation records relating to an application for |
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license and disciplinary action of a license holder are exempt from |
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Chapter 552, Government Code. |
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(c) For purposes of this subsection, investigative |
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information includes information relating to the identity of, and a |
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report made by, a physician performing or supervising compliance |
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monitoring for the acupuncture board [The acupuncture board shall
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prohibit or limit access to an investigation file relating to a
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license holder in an informal proceeding in the manner provided by
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Section 164.007(c)]. |
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SECTION 14. Section 205.355, Occupations Code, is amended |
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to read as follows: |
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Sec. 205.355. REQUIRED DISCIPLINARY ACTION FOR FAILURE TO |
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OBTAIN EVALUATION [REFERRAL]. A [Except as provided by Section
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205.301(a)(2), a] license to practice acupuncture shall be denied |
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or, after notice and hearing, revoked if the applicant or license |
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holder violates Section 205.301(a) [205.301(a)(1)]. |
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SECTION 15. Subsection (c), Section 205.301, Occupations |
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Code, is repealed. |
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SECTION 16. (a) The Texas State Board of Acupuncture |
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Examiners shall adopt rules as required by Section 205.101 or |
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205.208, Occupations Code, as amended by this Act, not later than |
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January 1, 2010. A rule or form in effect under Chapter 205, |
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Occupations Code, on the effective date of this Act remains in |
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effect until January 1, 2010. |
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(b) The Texas Medical Board shall adopt necessary rules |
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under Section 205.302, Occupations Code, as amended by this Act, |
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not later than September 1, 2010. |
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(c) An application for a license to practice acupuncture |
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filed under Chapter 205, Occupations Code, before January 1, 2010, |
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is covered by the law in effect immediately before the effective |
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date of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 17. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |