81R4715 NC-F

By: Harris S.B. No. 1314

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.