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.