Texas 2021 - 87th Regular

Texas House Bill HB943 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R587 MAW-F
2	2	By: Raymond H.B. No. 943
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of acupuncture services by a chiropractor
8	8	under a certificate issued by the Texas Board of Chiropractic
9	9	Examiners.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 201.002(a)(3), Occupations Code, is
12	12	amended to read as follows:
13	13	(3) "Incisive or surgical procedure" includes making
14	14	an incision into any tissue, cavity, or organ by any person or
15	15	implement. The term does not include the use of:
16	16	(A) a needle for the purpose of drawing blood for
17	17	diagnostic testing; or
18	18	(B) an acupuncture needle for the purpose of
19	19	treating a condition within the scope of practice of chiropractic.
20	20	SECTION 2. Section 201.356, Occupations Code, is amended by
21	21	adding Subsection (a-1) to read as follows:
22	22	(a-1) As part of the minimum number of hours of continuing
23	23	education required to renew a license, the board shall require a
24	24	license holder who is authorized to provide acupuncture services
25	25	under Section 201.454 to complete not less than eight hours of
26	26	continuing education relating to acupuncture.
27	27	SECTION 3. Subchapter J, Chapter 201, Occupations Code, is
28	28	amended by adding Section 201.454 to read as follows:
29	29	Sec. 201.454. ACUPUNCTURE SERVICES CERTIFICATE. The board
30	30	shall issue a certificate authorizing a chiropractor to provide
31	31	acupuncture services for a condition within the scope of practice
32	32	of chiropractic if the chiropractor submits proof to the board that
33	33	the chiropractor has completed not less than 100 hours of didactic
34	34	and practical training in the use and administration of
35	35	acupuncture, as determined by board rule, as part of a bona fide
36	36	reputable doctor of chiropractic degree program or at an
37	37	acupuncture school approved by the Texas State Board of Acupuncture
38	38	Examiners.
39	39	SECTION 4. Section 201.502, Occupations Code, is amended by
40	40	amending Subsection (a) and adding Subsection (b-1) to read as
41	41	follows:
42	42	(a) The board may refuse to admit a person to examinations
43	43	and may revoke or suspend a license or place a license holder on
44	44	probation for a period determined by the board for:
45	45	(1) violating this chapter or a rule adopted under
46	46	this chapter, including committing an act prohibited under Section
47	47	201.5025;
48	48	(2) engaging in deception or fraud in the practice of
49	49	chiropractic;
50	50	(3) presenting to the board or using a license,
51	51	certificate, or diploma or a transcript of a license, certificate,
52	52	or diploma that was illegally or fraudulently obtained,
53	53	counterfeited, or materially altered;
54	54	(4) presenting to the board an untrue statement or a
55	55	document or testimony that was illegally used to pass the
56	56	examination;
57	57	(5) being convicted of a crime involving moral
58	58	turpitude or a felony;
59	59	(6) procuring or assisting in the procuring of an
60	60	abortion;
61	61	(7) engaging in grossly unprofessional conduct or
62	62	dishonorable conduct of a character likely to deceive or defraud
63	63	the public;
64	64	(8) having a habit of intemperance or drug addiction
65	65	or another habit that, in the opinion of the board, endangers the
66	66	life of a patient;
67	67	(9) using an advertising statement that is false or
68	68	that tends to mislead or deceive the public;
69	69	(10) directly or indirectly employing or associating
70	70	with a person who, in the course of the person's employment, commits
71	71	an act constituting the practice of chiropractic when the person is
72	72	not licensed to practice chiropractic;
73	73	(11) advertising professional superiority, or
74	74	advertising the performance of professional services in a superior
75	75	manner, if that advertising is not readily subject to verification;
76	76	(12) purchasing, selling, bartering, using, or
77	77	offering to purchase, sell, barter, or use a chiropractic degree,
78	78	license, certificate, or diploma or transcript of a license,
79	79	certificate, or diploma in or relating to an application to the
80	80	board for a license to practice chiropractic;
81	81	(13) altering with fraudulent intent a chiropractic
82	82	license, certificate, or diploma or transcript of a chiropractic
83	83	license, certificate, or diploma;
84	84	(14) impersonating or acting as proxy for another in
85	85	an examination required by this chapter for a chiropractic license;
86	86	(15) impersonating a licensed chiropractor;
87	87	(16) allowing one's chiropractic license to be used by
88	88	another person to practice chiropractic;
89	89	(17) being proved insane by a person having authority
90	90	to make that determination;
91	91	(18) failing to use proper diligence in the practice
92	92	of chiropractic or using gross inefficiency in the practice of
93	93	chiropractic;
94	94	(19) failing to clearly differentiate a chiropractic
95	95	office or clinic from another business or enterprise;
96	96	(20) personally soliciting a patient or causing a
97	97	patient to be solicited by the use of a case history of another
98	98	patient of another chiropractor;
99	99	(21) using for the purpose of soliciting patients an
100	100	accident report prepared by a peace officer in a manner prohibited
101	101	by Section 38.12, Penal Code;
102	102	(22) advertising using the term "physician" or
103	103	"chiropractic physician" or any combination or derivation of the
104	104	term "physician"; [or]
105	105	(23) advertising in a manner that implies the license
106	106	holder is authorized to offer the full range of acupuncture
107	107	treatments or services as a person licensed under Chapter 205,
108	108	including advertising using the terms or phrases "acupuncturist,"
109	109	"licensed acupuncturist," "L.Ac.," "traditional Chinese medicine,"
110	110	"degreed in acupuncture," or "Board Certified in Acupuncture"; or
111	111	(24) failing to submit fingerprints to the board or
112	112	Department of Public Safety to enable the board to obtain criminal
113	113	history record information as required by Section 201.313.
114	114	(b-1) Notwithstanding Subsection (a)(23), a license holder
115	115	may use the phrase "Board Certified in Chiropractic Acupuncture" if
116	116	the license holder is certified to provide acupuncture services
117	117	under Section 201.454.
118	118	SECTION 5. The Texas Board of Chiropractic Examiners shall
119	119	issue a certificate under Section 201.454, Occupations Code, as
120	120	added by this Act, to a chiropractor who:
121	121	(1) applies to the board for the issuance of the
122	122	certificate on or before September 1, 2022;
123	123	(2) as of August 31, 2021, was authorized to provide
124	124	acupuncture services under board rules in existence on that date;
125	125	and
126	126	(3) submits to the board proof of completion of the
127	127	training required by board rules described by Subdivision (2) of
128	128	this section.
129	129	SECTION 6. This Act takes effect September 1, 2021.