|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the regulation of the practice of acupuncture. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 205.001, Occupations Code, is amended by |
|
amending Subdivision (2) and adding Subdivision (2-a) to read as |
|
follows: |
|
(2) "Acupuncture" 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). |
|
(2-a) "Acupuncture" does not include surgery or |
|
clinical needle electromyography. |
|
SECTION 2. Section 205.101, Occupations Code, is amended by |
|
amending Subsections (a) and (b) and adding Subsection (d) to read |
|
as follows: |
|
(a) Except as provided by Subsection (d) [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) [recommend rules to] establish licensing and other |
|
fees; |
|
(7) approve educational programs or institutions of |
|
acupuncture and oriental medicine 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) adopt [recommend] additional rules as are |
|
necessary to administer and enforce this chapter. |
|
(b) In establishing minimum education and training |
|
requirements under Subsection (a)(2), the acupuncture board shall |
|
consider the minimum education and training standards established |
|
by the Accreditation Commission for Acupuncture and Oriental |
|
Medicine. [The acupuncture board does not have independent
|
|
rulemaking authority. A rule adopted by the acupuncture board is
|
|
subject to medical board approval.] |
|
(d) A rule relating to the scope of practice of acupuncture |
|
must have the advice and approval of the medical board. |
|
SECTION 3. Section 205.103, Occupations Code, is amended to |
|
read as follows: |
|
Sec. 205.103. FEES. The acupuncture [medical] board shall |
|
set [and collect] fees in amounts that are reasonable and necessary |
|
to cover the costs of administering and enforcing this chapter, |
|
including the costs for [without the use of any other funds
|
|
generated by] the medical board to collect the fees. |
|
SECTION 4. Section 205.201, Occupations Code, is amended to |
|
read as follows: |
|
Sec. 205.201. LICENSE REQUIRED. (a) Except as provided by |
|
Section 205.303, a person may not practice or represent that the |
|
person practices acupuncture in this state unless the person holds |
|
a license to practice acupuncture issued by the acupuncture board |
|
under this chapter. |
|
(b) A person practices acupuncture if the person performs, |
|
offers to perform, or attempts to perform acupuncture. |
|
(c) A person represents that the person practices |
|
acupuncture if the person: |
|
(1) uses in connection with the person's name or |
|
business activity: |
|
(A) the words "acupuncturist" or "acupuncture"; |
|
(B) the letters or abbreviation "L.Ac." or |
|
"Lic.Ac."; or |
|
(C) any other words, letters, abbreviations, or |
|
insignia indicating or implying that the person is an |
|
acupuncturist; or |
|
(2) directly or by implication represents to the |
|
public that the person is an acupuncturist or that the person |
|
provides acupuncture. |
|
(d) This section does not apply to a person acting under the |
|
delegation and supervision of a physician. |
|
SECTION 5. Section 205.204, Occupations Code, is amended to |
|
read as follows: |
|
Sec. 205.204. APPLICATION FOR EXAMINATION. An application |
|
for examination must be: |
|
(1) in writing on a form prescribed by the acupuncture |
|
board; |
|
(2) verified by affidavit; |
|
(3) filed with the executive director; and |
|
(4) accompanied by a fee in an amount set by the |
|
acupuncture [medical] board. |
|
SECTION 6. Section 205.206, Occupations Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) The acupuncture board may deny or withdraw the board's |
|
approval of a school or educational program that does not meet the |
|
board's prescribed course of study or other educational standards. |
|
SECTION 7. The heading to Section 205.301, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 205.301. EVALUATION [REFERRAL] BY OTHER HEALTH CARE |
|
PRACTITIONER REQUIRED. |
|
SECTION 8. Sections 205.301(a), (b), and (d), Occupations |
|
Code, are amended to read as follows: |
|
(a) A license holder may perform acupuncture on a person |
|
only if the person was[:
|
|
[(1)] evaluated by a physician, chiropractor, or |
|
dentist, or a person acting under the delegation and supervision of |
|
a physician, as appropriate, for the condition being treated within |
|
12 [six] months before the date acupuncture is performed[; or
|
|
[(2)
referred by a chiropractor within 30 days before
|
|
the date acupuncture is performed]. |
|
(b) A license holder acting under Subsection (a) [(a)(1)] |
|
must obtain reasonable documentation that the required evaluation |
|
has taken place. If the license holder is unable to determine that |
|
an evaluation has taken place, the license holder must obtain a |
|
written statement signed by the person on a form prescribed by the |
|
acupuncture board that states the person has been evaluated by a |
|
physician, chiropractor, or dentist, or a person acting under the |
|
delegation and supervision of a physician, within the prescribed |
|
time. The form must contain a clear statement that the person |
|
should be evaluated by a physician, chiropractor, or dentist, or a |
|
person acting under the delegation and supervision of a physician, |
|
for the condition being treated by the license holder. |
|
(d) The medical board, with advice from the acupuncture |
|
board, by rule may modify: |
|
(1) the scope of the evaluation under Subsection (a) |
|
[(a)(1)]; or |
|
(2) the period during which treatment must begin under |
|
Subsection (a) [(a)(1) or (2); or
|
|
[(3)
the number of treatments or days before referral
|
|
to a physician is required under Subsection (c)]. |
|
SECTION 9. Section 205.302, Occupations Code, is amended to |
|
read as follows: |
|
Sec. 205.302. AUTHORIZED PRACTICE WITHOUT EVALUATION |
|
[REFERRAL]. [(a)
After notice and public hearing, the medical
|
|
board shall determine by rule whether an acupuncturist may treat a
|
|
patient for alcoholism or chronic pain without a referral from a
|
|
physician, dentist, or chiropractor. The medical board shall make
|
|
the determination based on clinical evidence and what the medical
|
|
board determines to be in the best interest of affected patients.
|
|
[(b)] Notwithstanding Section 205.301, a license holder |
|
may, without an evaluation [a referral] from a physician, dentist, |
|
or chiropractor, or a person acting under the delegation and |
|
supervision of a physician, perform acupuncture on a person for: |
|
(1) smoking addiction; |
|
(2) weight loss; or |
|
(3) [substance abuse,] to the extent permitted by |
|
medical board rule adopted with advice from the acupuncture board: |
|
(A) substance abuse; |
|
(B) chronic pain; |
|
(C) stress; |
|
(D) an allergy; |
|
(E) nausea or a digestive disorder; |
|
(F) depression; |
|
(G) insomnia; or |
|
(H) a cosmetic procedure. |
|
SECTION 10. Sections 205.303(a) and (d), Occupations Code, |
|
are amended to read as follows: |
|
(a) The medical board may certify a person as an acudetox |
|
specialist under this section if the person: |
|
(1) provides to the medical board documentation that |
|
the person: |
|
(A) is a licensed social worker, licensed |
|
professional counselor, licensed psychologist, licensed chemical |
|
dependency counselor, licensed vocational nurse, or licensed |
|
registered nurse; and |
|
(B) has successfully completed a training |
|
program in acupuncture detoxification that meets guidelines |
|
approved by the medical board; and |
|
(2) pays a certification fee in an amount set by the |
|
acupuncture [medical] board. |
|
(d) The medical board may annually renew the certification |
|
of an acudetox specialist under this section if the person: |
|
(1) provides to the medical board documentation that: |
|
(A) the certification or license required under |
|
Subsection (a)(1)(A) is in effect; and |
|
(B) the person has successfully met continuing |
|
education requirements established by the medical board under |
|
Subsection (e); and |
|
(2) pays a certification renewal fee in an amount set |
|
by the acupuncture [medical] board. |
|
SECTION 11. Section 205.355, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 205.355. REQUIRED DISCIPLINARY ACTION FOR FAILURE TO |
|
OBTAIN EVALUATION [REFERRAL]. A [Except as provided by Section
|
|
205.301(a)(2), a] license to practice acupuncture shall be denied |
|
or, after notice and hearing, revoked if the applicant or license |
|
holder violates Section 205.301(a) [205.301(a)(1)]. |
|
SECTION 12. Sections 205.003(a) and 205.301(c), |
|
Occupations Code, are repealed. |
|
SECTION 13. (a) The Texas State Board of Acupuncture |
|
Examiners shall adopt rules as required by Section 205.101, |
|
Occupations Code, as amended by this Act, not later than January 1, |
|
2010. A rule or form in effect under Chapter 205, Occupations Code, |
|
on the effective date of this Act remains in effect until the rule |
|
or form is amended or replaced by a new rule or form adopted or |
|
prescribed under Section 205.101, Occupations Code, as amended by |
|
this Act. |
|
(b) The Texas Medical Board shall adopt necessary rules |
|
under Section 205.302, Occupations Code, as amended by this Act, |
|
not later than September 1, 2010. |
|
(c) An application for a license to practice acupuncture |
|
filed under Chapter 205, Occupations Code, before the effective |
|
date of this Act is covered by the law in effect immediately before |
|
the effective date of this Act, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 14. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2009. |