86R6297 BEE-F By: Wu H.B. No. 3194 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 Subdivisions (2) and (4) and adding Subdivision (2-a) to read as follows: (2) "Acupuncture" means: (A) the nonsurgical, incisive [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) in conjunction with the treatment described by Paragraph (A): (i) the administration of thermal or electrical treatments [or the recommendation of dietary guidelines], energy flow exercise, or dietary or herbal supplements; or (ii) the recommendation of dietary guidelines [in conjunction with the treatment described by Paragraph (A)]. (2-a) "Acupuncture needle" means a device described by 21 C.F.R. Section 880.5580, as that section existed on January 1, 2019. (4) "Acupuncturist" means a person who: (A) holds a license to practice [practices] acupuncture issued under this chapter; and (B) directly or indirectly charges a fee for the performance of acupuncture services. SECTION 2. This Act takes effect September 1, 2019.