OCCUPATIONS CODE
CHAPTER 205. ACUPUNCTURE
SUBCHAPTER A. GENERAL PROVISIONS
§ 205.001. DEFINITIONS. In this chapter:
(1) "Acudetox specialist" means a person certified
under Section 205.303.
(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 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).
(3) "Acupuncture board" means the Texas State Board of
Acupuncture Examiners.
(4) "Acupuncturist" means a person who:
(A) practices acupuncture; and
(B) directly or indirectly charges a fee for the
performance of acupuncture services.
(5) "Chiropractor" means a person licensed to practice
chiropractic by the Texas Board of Chiropractic Examiners.
(6) "Executive director" means the executive director
of the Texas State Board of Medical Examiners.
(7) "Medical board" means the Texas State Board of
Medical Examiners.
(8) "Physician" means a person licensed to practice
medicine by the Texas State Board of Medical Examiners.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 719, § 1, eff. Sept. 1, 2001.
§ 205.002. APPLICATION OF SUNSET ACT. The Texas State
Board of Acupuncture Examiners is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished and this chapter
expires September 1, 2005.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.003. EXEMPTION; LIMITATION. (a) This chapter
does not apply to a health care professional licensed under another
statute of this state and acting within the scope of the license.
(b) This chapter does not:
(1) limit the practice of medicine by a physician;
(2) permit the unauthorized practice of medicine; or
(3) permit a person to dispense, administer, or supply
a controlled substance, narcotic, or dangerous drug unless the
person is authorized by other law to do so.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TEXAS STATE BOARD OF ACUPUNCTURE EXAMINERS
§ 205.051. BOARD; MEMBERSHIP. (a) The Texas State
Board of Acupuncture Examiners consists of nine members appointed
by the governor as follows:
(1) four acupuncturist members who have at least five
years of experience in the practice of acupuncture in this state and
who are not physicians;
(2) two physician members experienced in the practice
of acupuncture; and
(3) three members of the general public who are not
licensed or trained in a health care profession.
(b) Appointments to the acupuncture board shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.052. PUBLIC MEMBER ELIGIBILITY. A person is not
eligible for appointment as a public member of the acupuncture
board if the person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of health care;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the medical
board or receiving funds from the medical board or acupuncture
board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the medical board or acupuncture board or
receiving funds from the medical board;
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the medical board or acupuncture
board, other than compensation or reimbursement authorized by law
for acupuncture board membership, attendance, or expenses; or
(5) owns, operates, or has a financial interest in a
school of acupuncture.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.056(a), eff. Sept. 1,
2001.
§ 205.053. MEMBERSHIP AND EMPLOYEE
RESTRICTIONS. (a) In this section, "Texas trade association"
means a nonprofit, cooperative, and voluntarily joined association
of business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) An officer, board member, employee, or paid consultant
of a Texas trade association in the field of health care may not be a
member of the acupuncture board or an employee of the medical board
who is exempt from the state's position classification plan or is
compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, of the position
classification salary schedule.
(c) A person who is the spouse of an officer, board member,
manager, or paid consultant of a Texas trade association in the
field of health care may not be a member of the acupuncture board
and may not be an employee of the medical board who is exempt from
the state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group A17, of the position classification salary
schedule.
(d) A person may not serve on the acupuncture board if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the medical board or acupuncture board.
(e) A person may not serve on the acupuncture board if the
person owns, operates, or has a financial interest in a school of
acupuncture.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.056(b), eff. Sept. 1,
2001.
§ 205.054. TERMS; VACANCIES. (a) Members of the
acupuncture board serve staggered six-year terms. The terms of
three members expire on January 31 of each odd-numbered year.
(b) A vacancy on the acupuncture board shall be filled by
appointment of the governor.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.055. PRESIDING OFFICER. The governor shall
designate a member of the acupuncture board as presiding officer.
The presiding officer serves in that capacity at the will of the
governor.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the acupuncture board that a member:
(1) does not have at the time of appointment the
qualifications required by Sections 205.051 and 205.052;
(2) does not maintain during service on the
acupuncture board the qualifications required by Sections 205.051
and 205.052;
(3) violates a prohibition established by Section
205.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled acupuncture board meetings that the member is eligible to
attend during a calendar year.
(b) The validity of an action of the acupuncture board is
not affected by the fact that it is taken when a ground for removal
of an acupuncture board member exists.
(c) If the executive director has knowledge that a potential
ground for removal of an acupuncture board member exists, the
executive director shall notify the presiding officer of the
acupuncture board of the potential ground. The presiding officer
shall then notify the governor and the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the presiding officer, the executive director
shall notify the next highest officer of the acupuncture board, who
shall notify the governor and the attorney general that a potential
ground for removal exists.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.057. TRAINING. (a) To be eligible to take office
as a member of the acupuncture board, a person appointed to the
acupuncture board must complete at least one course of a training
program that complies with this section.
(b) The training program must provide information to the
person regarding:
(1) this chapter and the acupuncture board;
(2) the programs operated by the acupuncture board;
(3) the role and functions of the acupuncture board;
(4) the rules of the acupuncture board, with an
emphasis on the rules that relate to disciplinary and investigatory
authority;
(5) the current budget for the acupuncture board;
(6) the results of the most recent formal audit of the
acupuncture board;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
medical board or the Texas Ethics Commission.
(c) A person appointed to the acupuncture board is entitled
to reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the acupuncture board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.058. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide, as often as necessary, to members of the
acupuncture board information regarding their:
(1) qualifications for office under this chapter; and
(2) responsibilities under applicable laws relating
to standards of conduct for state officers.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.059. COMPENSATION; PER DIEM. An acupuncture
board member may not receive compensation for service on the
acupuncture board but is entitled to receive a per diem as set by
legislative appropriation for transportation and related expenses
incurred for each day that the member engages in the acupuncture
board's business.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.060. APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
AND ADMINISTRATIVE PROCEDURE LAWS. Except as provided by this
chapter, the acupuncture board is subject to Chapters 551, 552, and
2001, Government Code.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER C. POWERS AND DUTIES OF ACUPUNCTURE BOARD AND MEDICAL
BOARD
§ 205.101. GENERAL POWERS AND DUTIES OF ACUPUNCTURE
BOARD. (a) 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) make recommendations on applications for licenses
to practice acupuncture;
(7) establish the requirements for a tutorial program
for acupuncture students who have completed at least 48 semester
hours of college; and
(8) recommend additional rules as are necessary to
administer and enforce this chapter.
(b) The acupuncture board does not have independent
rulemaking authority.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.102. ASSISTANCE BY MEDICAL BOARD. (a) The
medical board shall provide administrative and clerical employees
as necessary to enable the acupuncture board to administer this
chapter.
(b) Subject to the advice and approval of the medical board,
the acupuncture board shall develop and implement policies that
clearly separate the policy-making responsibilities of the
acupuncture board and the management responsibilities of the
executive director and the staff of the medical board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.103. FEES. The medical board shall set and
collect fees in amounts that are reasonable and necessary to cover
the costs of administering and enforcing this chapter without the
use of any other funds generated by the medical board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.104. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The medical board may not adopt rules under this
chapter restricting advertising or competitive bidding by a license
holder except to prohibit false, misleading, or deceptive
practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the medical board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the license holder; or
(4) restricts the license holder's advertisement under
a trade name.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.105. ANNUAL REPORT. (a) The medical board shall
prepare annually a complete and detailed written report accounting
for all funds received and disbursed by the medical board under this
chapter during the preceding fiscal year.
(b) The annual report must meet the reporting requirements
applicable to financial reporting provided in the General
Appropriations Act.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER D. PUBLIC ACCESS AND INFORMATION AND COMPLAINT
PROCEDURES
§ 205.151. PUBLIC INTEREST INFORMATION. (a) The
acupuncture board shall prepare information of public interest
describing the functions of the acupuncture board and the
procedures by which complaints are filed with and resolved by the
acupuncture board.
(b) The acupuncture board shall make the information
available to the public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.152. COMPLAINTS. (a) The acupuncture board by
rule shall establish methods by which consumers and service
recipients are notified of the name, mailing address, and telephone
number of the acupuncture board for the purpose of directing a
complaint to the acupuncture board. The acupuncture board may
provide for that notification:
(1) on each registration form, application, or written
contract for services of a person regulated under this chapter;
(2) on a sign prominently displayed in the place of
business of each person regulated under this chapter; or
(3) in a bill for service provided by a person
regulated under this chapter.
(b) The acupuncture board shall keep information about each
complaint filed with the acupuncture board. The information shall
include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for a complaint for which the acupuncture board
took no action, an explanation of the reason the complaint was
closed without action.
(c) The acupuncture board shall keep a file about each
written complaint filed with the acupuncture board that the
acupuncture board has authority to resolve. The acupuncture board
shall provide to the person filing the complaint and each person who
is the subject of the complaint the acupuncture board's policies
and procedures pertaining to complaint investigation and
resolution.
(d) The acupuncture board, at least quarterly and until
final disposition of the complaint, shall notify the person filing
the complaint and each person who is the subject of the complaint of
the status of the complaint unless the notice would jeopardize an
investigation.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.153. PUBLIC PARTICIPATION. (a) Subject to the
advice and approval of the medical board, the acupuncture board
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the acupuncture board and
to speak on any issue under the acupuncture board's jurisdiction.
(b) The executive director shall prepare and maintain a
written plan that describes how a person who does not speak English
may be provided reasonable access to the acupuncture board's
programs and services.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER E. LICENSE REQUIREMENTS
§ 205.201. LICENSE REQUIRED. Except as provided by
Section 205.303, a person may not practice acupuncture in this
state unless the person holds a license to practice acupuncture
issued by the medical board under this chapter.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.202. ISSUANCE OF LICENSE. After consulting the
acupuncture board, the medical board shall issue a license to
practice acupuncture in this state to a person who meets the
requirements of this chapter and the rules adopted under this
chapter.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.203. LICENSE EXAMINATION. (a) An applicant for
a license to practice acupuncture must pass an examination approved
by the acupuncture board.
(b) To be eligible for the examination, an applicant must:
(1) be at least 21 years of age;
(2) have completed at least 60 semester hours of
college courses, including basic science courses as determined by
the acupuncture board; and
(3) be a graduate of an acupuncture school with
entrance requirements and a course of instruction that meet
standards set under Section 205.206.
(c) The examination shall be conducted on practical and
theoretical acupuncture and other subjects required by the
acupuncture board.
(d) The examination may be in writing, by a practical
demonstration of the applicant's skill, or both, as required by the
acupuncture board.
(e) The medical board shall notify each applicant of the
time and place of the examination.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.057(a), eff. Sept. 1,
2001.
§ 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
medical board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.2045. APPEARANCE OF APPLICANT BEFORE ACUPUNCTURE
BOARD. An applicant for a license to practice acupuncture may not
be required to appear before the acupuncture board or a committee of
the acupuncture board unless the application raises questions
concerning:
(1) a physical or mental impairment of the applicant;
(2) a criminal conviction of the applicant; or
(3) revocation of a professional license held by the
applicant.
Added by Acts 2001, 77th Leg., ch. 1420, § 14.057(b), eff. Sept.
1, 2001.
§ 205.205. EXAMINATION RESULTS. (a) Not later than
the 30th day after the date a licensing examination is administered
under this chapter, the acupuncture board shall notify each
examinee of the results of the examination. If an examination is
graded or reviewed by a national testing service, the acupuncture
board shall notify examinees of the results of the examination not
later than the 14th day after the date the acupuncture board
receives the results from the testing service.
(b) If the notice of examination results graded or reviewed
by a national testing service will be delayed for longer than 90
days after the examination date, the acupuncture board shall notify
the examinee of the reason for the delay before the 90th day. The
acupuncture board may require a testing service to notify examinees
of the results of an examination.
(c) If requested in writing by a person who fails a
licensing examination administered under this chapter, the
acupuncture board shall furnish the person with an analysis of the
person's performance on the examination if an analysis is available
from the national testing service.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.206. ACUPUNCTURE SCHOOLS. (a) A reputable
acupuncture school, in addition to meeting standards set by the
acupuncture board, must:
(1) maintain a resident course of instruction
equivalent to not less than six terms of four months each for a
total of not less than 1,800 instructional hours;
(2) provide supervised patient treatment for at least
two terms of the resident course of instruction;
(3) maintain a course of instruction in
anatomy-histology, bacteriology, physiology, symptomatology,
pathology, meridian and point locations, hygiene, and public
health; and
(4) have the necessary teaching force and facilities
for proper instruction in required subjects.
(b) In establishing standards for the entrance requirements
and course of instruction of an acupuncture school, the acupuncture
board may consider the standards set by the National Accreditation
Commission for Schools and Colleges of Acupuncture and Oriental
Medicine.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.207. RECIPROCAL LICENSE. The medical board may
waive any license requirement for an applicant after reviewing the
applicant's credentials and determining that the applicant holds a
license from another state that has license requirements
substantially equivalent to those of this state.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.208. TEMPORARY LICENSE. (a) The acupuncture
board may, through the executive director, issue a temporary
license to practice acupuncture to an applicant who:
(1) submits an application on a form prescribed by the
acupuncture board;
(2) has passed a national or other examination
recognized by the acupuncture board relating to the practice of
acupuncture;
(3) pays the appropriate fee;
(4) if licensed in another state, is in good standing
as an acupuncturist; and
(5) meets all the qualifications for a license under
this chapter but is waiting for the next scheduled meeting of the
medical board for the license to be issued.
(b) A temporary license is valid for 100 days after the date
issued and may be extended only for another 30 days after the date
the initial temporary license expires.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER F. LICENSE RENEWAL
§ 205.251. ANNUAL RENEWAL REQUIRED. (a) The medical
board by rule shall provide for the annual renewal of a license to
practice acupuncture.
(b) The medical board by rule may adopt a system under which
licenses expire on various dates during the year. For the year in
which the license expiration date is changed, license fees shall be
prorated on a monthly basis so that each license holder pays only
that portion of the license fee that is allocable to the number of
months during which the license is valid. On renewal of the license
on the new expiration date, the total license renewal fee is
payable.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.252. NOTICE OF LICENSE EXPIRATION. Not later than
the 30th day before the expiration date of a person's license, the
medical board shall send written notice of the impending license
expiration to the person at the person's last known address
according to the records of the medical board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.253. PROCEDURE FOR RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the medical board
before the expiration date of the license. A person whose license
has expired may not engage in activities that require a license
until the license has been renewed under this section or Section
205.254.
(b) If the person's license has been expired for 90 days or
less, the person may renew the license by paying to the medical
board a fee in an amount equal to one and one-half times the
required renewal fee.
(c) If the person's license has been expired for longer than
90 days but less than one year, the person may renew the license by
paying to the medical board a fee in an amount equal to two times the
required renewal fee.
(d) If the person's license has been expired for one year or
longer, the person may not renew the license. The person may obtain
a new license by submitting to reexamination and complying with the
requirements and procedures for obtaining an original license.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.254. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The medical board may renew without
reexamination the license of a person who was licensed to practice
acupuncture in this state, moved to another state, and is currently
licensed and has been in practice in the other state for the two
years preceding application.
(b) The person must pay to the medical board a fee in an
amount equal to two times the required renewal fee for the license.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.255. CONTINUING EDUCATION. (a) The acupuncture
board by rule may require a license holder to complete a certain
number of hours of continuing education courses approved by the
acupuncture board to renew a license.
(b) The acupuncture board shall consider the approval of a
course conducted by:
(1) a knowledgeable health care provider; or
(2) a reputable school, state, or professional
organization.
Added by Acts 2001, 77th Leg., ch. 1420, § 14.058(a), eff. Sept.
1, 2001.
SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
§ 205.301. REFERRAL BY OTHER HEALTH CARE PRACTITIONER
REQUIRED. (a) A license holder may perform acupuncture on a
person only if the person was:
(1) evaluated by a physician or dentist, as
appropriate, for the condition being treated within 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)(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 or dentist within the prescribed time. The form must
contain a clear statement that the person should be evaluated by a
physician or dentist for the condition being treated by the license
holder.
(c) A license holder acting under Subsection (a)(2) shall
refer the person to a physician after performing acupuncture 20
times or for 30 days, whichever occurs first, if substantial
improvement does not occur in the person's condition for which the
referral was made.
(d) The medical board, with advice from the acupuncture
board, by rule may modify:
(1) the scope of the evaluation under Subsection
(a)(1);
(2) the period during which treatment must begin under
Subsection (a)(1) or (2); or
(3) the number of treatments or days before referral
to a physician is required under Subsection (c).
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.302. AUTHORIZED PRACTICE WITHOUT
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 a referral from a physician, dentist, or chiropractor,
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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 719, § 2, eff. Sept. 1, 2001.
§ 205.303. ACUDETOX SPECIALIST. (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
medical board.
(b) An acudetox specialist may practice acupuncture only:
(1) to the extent allowed by rules adopted by the
medical board for the treatment of alcoholism, substance abuse, or
chemical dependency; and
(2) under the supervision of a licensed acupuncturist
or physician.
(c) A program that includes the services of an acudetox
specialist shall:
(1) notify each participant in the program of the
qualifications of the acudetox specialist and of the procedure for
registering a complaint regarding the acudetox specialist with the
medical board; and
(2) keep a record of each client's name, the date the
client received the acudetox specialist's services, and the name,
signature, and certification number of the acudetox specialist.
(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 medical board.
(e) The medical board shall establish continuing education
requirements for an acudetox specialist that, at a minimum, include
six hours of education in the practice of acupuncture and a course
in either clean needle technique or universal infection control
precaution procedures.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.059(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 892, § 33, eff. Sept. 1, 2003.
§ 205.304. PROFESSIONAL REVIEW ACTION. Sections
160.002, 160.003, 160.006, 160.007(d), 160.013, 160.014, and
160.015 apply to professional review actions relating to the
practice of acupuncture by an acupuncturist or acupuncturist
student.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.060, eff. Sept. 1, 2001.
§ 205.305. LICENSE HOLDER INFORMATION. (a) Each
license holder shall file with the acupuncture board:
(1) the license holder's mailing address;
(2) the address of the license holder's residence;
(3) the mailing address of each office of the license
holder; and
(4) the address for the location of each office of the
license holder that has an address different from the office's
mailing address.
(b) A license holder shall:
(1) notify the acupuncture board of a change of the
license holder's residence or business address; and
(2) provide the acupuncture board with the license
holder's new address not later than the 30th day after the date the
address change occurs.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER H. DISCIPLINARY PROCEDURES
§ 205.351. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
ACTION. (a) A license to practice acupuncture may be denied or,
after notice and hearing, a license holder may be subject to
disciplinary action under Section 205.352 if the license applicant
or license holder:
(1) intemperately uses drugs or intoxicating liquors
to an extent that, in the opinion of the board, could endanger the
lives of patients;
(2) obtains or attempts to obtain a license by fraud or
deception;
(3) has been adjudged mentally incompetent by a court;
(4) has a mental or physical condition that renders
the person unable to perform safely as an acupuncturist;
(5) fails to practice acupuncture in an acceptable
manner consistent with public health and welfare;
(6) violates this chapter or a rule adopted under this
chapter;
(7) has been convicted of a crime involving moral
turpitude or a felony or is the subject of deferred adjudication or
pretrial diversion for such an offense;
(8) holds the person out as a physician or surgeon or
any combination or derivative of those terms unless the person is
also licensed by the medical board as a physician or surgeon;
(9) fraudulently or deceptively uses a license;
(10) engages in unprofessional or dishonorable
conduct that is likely to deceive, defraud, or injure a member of
the public;
(11) commits an act in violation of state law if the
act is connected with the person's practice as an acupuncturist;
(12) fails to adequately supervise the activities of a
person acting under the supervision of the license holder;
(13) directly or indirectly aids or abets the practice
of acupuncture by any person not licensed to practice acupuncture
by the acupuncture board;
(14) is unable to practice acupuncture with reasonable
skill and with safety to patients because of illness, drunkenness,
or excessive use of drugs, narcotics, chemicals, or any other type
of material or because of any mental or physical condition;
(15) is the subject of repeated or recurring
meritorious health-care liability claims that in the opinion of the
acupuncture board evidence professional incompetence likely to
injure the public;
(16) has had a license to practice acupuncture
suspended, revoked, or restricted by another state or has been
subject to other disciplinary action by another state or by the
uniformed services of the United States regarding practice as an
acupuncturist; or
(17) sexually abuses or exploits another person
through the license holder's practice as an acupuncturist.
(b) If the medical board proposes to suspend, revoke, or
refuse to renew a person's license, the person is entitled to a
hearing conducted by the State Office of Administrative Hearings.
(c) A complaint, indictment, or conviction of a violation of
law is not necessary for an action under Subsection (a)(11). Proof
of the commission of the act while in the practice of acupuncture or
under the guise of the practice of acupuncture is sufficient for
action by the medical board.
(d) A certified copy of the record of the state or uniformed
services of the United States taking an action is conclusive
evidence of the action for purposes of Subsection (a)(16).
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.352. DISCIPLINARY POWERS OF BOARD. On finding
that grounds exist to deny a license or take disciplinary action
against a license holder, the board by order may:
(1) deny the person's application for a license or
certificate to practice acupuncture or revoke the person's license
or certificate to practice acupuncture;
(2) require the person to submit to the care,
counseling, or treatment of a health care practitioner designated
by the board as a condition for the issuance, continuance, or
renewal of a license or certificate to practice acupuncture;
(3) require the person to participate in a program of
education or counseling prescribed by the board;
(4) suspend, limit, or restrict the person's license
or certificate to practice acupuncture, including limiting the
practice of the person to, or excluding from the practice, one or
more specified activities of acupuncture or stipulating periodic
review by the board;
(5) require the person to practice under the direction
of an acupuncturist designated by the board for a specified period
of time;
(6) assess an administrative penalty against the
person as provided by Chapter 165;
(7) require the person to perform public service
considered appropriate by the board; or
(8) administer a public reprimand.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.353. DISCIPLINARY POWERS OF ACUPUNCTURE
BOARD. (a) On finding that a person licensed under this chapter
has committed an offense described in Section 205.351, the
acupuncture board may:
(1) require the person to submit to the care,
counseling, or treatment of a health care practitioner designated
by the acupuncture board;
(2) stay enforcement of an order and place the person
on probation with the acupuncture board retaining the right to
vacate the probationary stay and enforce the original order for
noncompliance with the terms of probation or impose any other
remedial measure or sanction authorized by this section;
(3) order the person to perform public service;
(4) limit the person's practice to the areas
prescribed by the acupuncture board;
(5) require the person to report regularly to the
acupuncture board on matters that are the basis of the probation;
or
(6) require the person to continue or review
professional education until the person attains a degree of skill
satisfactory to the acupuncture board in those areas that are the
basis of the probation under Subdivision (2).
(b) The acupuncture board may restore or reissue a license
or remove any disciplinary or corrective measure that the
acupuncture board has imposed under this section.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.354. RULES FOR DISCIPLINARY PROCEEDINGS. Rules
of practice adopted by the medical board under Section 2001.004,
Government Code, applicable to the proceedings for a disciplinary
action may not conflict with rules adopted by the State Office of
Administrative Hearings.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.355. REQUIRED DISCIPLINARY ACTION FOR FAILURE TO
OBTAIN REFERRAL. 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)(1).
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.356. REHABILITATION ORDER. The acupuncture
board, through an agreed order or after a contested proceeding, may
impose a nondisciplinary rehabilitation order on an applicant, as a
prerequisite for issuing a license, or on a license holder based on:
(1) the person's intemperate use of drugs or alcohol
directly resulting from habituation or addiction caused by medical
care or treatment provided by a physician;
(2) the person's intemperate use of drugs or alcohol
during the five years preceding the date of the report that could
adversely affect the person's ability to safely practice as an
acupuncturist, if the person:
(A) reported the use; and
(B) has not previously been the subject of a
substance abuse related order of the acupuncture board;
(3) a judgment by a court that the person is of unsound
mind; or
(4) the results of a mental or physical examination,
or an admission by the person, indicating that the person suffers
from a potentially dangerous limitation or an inability to practice
as an acupuncturist with reasonable skill and safety by reason of
illness or as a result of any physical or mental condition.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.357. EFFECT OF REHABILITATION ORDER. (a) A
rehabilitation order imposed under Section 205.356 is a
nondisciplinary private order. If entered by agreement, the order
is an agreed disposition or settlement agreement for purposes of
civil litigation and is exempt from the open records law.
(b) A rehabilitation order imposed under Section 205.356
must contain findings of fact and conclusions of law. The order may
impose a revocation, cancellation, suspension, period of probation
or restriction, or any other term authorized by this chapter or
agreed to by the acupuncture board and the person subject to the
order.
(c) A violation of a rehabilitation order may result in
disciplinary action under the provisions of this chapter for
contested matters or the terms of the agreed order.
(d) A violation of a rehabilitation order is grounds for
disciplinary action based on:
(1) unprofessional or dishonorable conduct; or
(2) any provision of this chapter that applies to the
conduct resulting in the violation.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.358. AUDIT OF REHABILITATION ORDER. (a) The
acupuncture board shall keep rehabilitation orders imposed under
Section 205.356 in a confidential file. The file is subject to an
independent audit to ensure that only qualified license holders are
subject to rehabilitation orders. The audit shall be conducted by a
state auditor or private auditor with whom the acupuncture board
contracts to perform the audit.
(b) An audit may be performed at any time at the direction of
the acupuncture board. The acupuncture board shall ensure that an
audit is performed at least once in each three-year period.
(c) The audit results are a matter of public record and
shall be reported in a manner that maintains the confidentiality of
each license holder who is subject to a rehabilitation order.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.359. SUBPOENA. (a) On behalf of the acupuncture
board, the executive director of the medical board or the presiding
officer of the acupuncture board may issue a subpoena or subpoena
duces tecum:
(1) for purposes of an investigation or contested
proceeding related to:
(A) alleged misconduct by an acupuncturist; or
(B) an alleged violation of this chapter or other
law related to practice as an acupuncturist or to the provision of
health care under the authority of this chapter; and
(2) to determine whether to:
(A) issue, suspend, restrict, revoke, or cancel a
license authorized by this chapter; or
(B) deny or grant an application for a license
under this chapter.
(b) Failure to timely comply with a subpoena issued under
this section is a ground for:
(1) disciplinary action by the acupuncture board or
any other licensing or regulatory agency with jurisdiction over the
individual or entity subject to the subpoena; and
(2) denial of a license application.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER I. PENALTIES AND ENFORCEMENT PROVISIONS
§ 205.401. CRIMINAL PENALTY. (a) Except as provided
by Section 205.303, a person commits an offense if the person
practices acupuncture in this state without a license issued under
this chapter.
(b) Each day a person practices acupuncture in violation of
Subsection (a) constitutes a separate offense.
(c) An offense under Subsection (a) is a felony of the third
degree.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 205.402. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
medical board, the attorney general, or a district or county
attorney may bring a civil action to compel compliance with this
chapter or to enforce a rule adopted under this chapter.
(b) In addition to injunctive relief or any other remedy
provided by law, a person who violates this chapter or a rule
adopted under this chapter is liable to the state for a civil
penalty in an amount not to exceed $2,000 for each violation.
(c) Each day a violation continues or occurs is a separate
violation for purposes of imposing a civil penalty.
(d) The attorney general, at the request of the medical
board or on the attorney general's own initiative, may bring a civil
action to collect a civil penalty.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
