22 TAC §183.4
The Texas State Board of Medical Examiners proposes an amendment
to §183.4, regarding licensure documentation and methods of evaluating
English proficiency. The section is being amended to revise subsection (c)(2)(G)
regarding Preacupuncture school transcripts.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications to state or local government as a result
of enforcing the rule as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the section as proposed is in effect the public benefit anticipated
as a result of enforcing the section will be a revised subsection (c)(2)(G)
regarding Preacupuncture school transcripts. There will be no effect on small
businesses. There will be no effect to individuals required to comply with
the section as proposed.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
The Occupations Code, §§205.201-205.203 is affected by the amendment.
§183.4.Licensure
(a)
Qualifications. An applicant must present satisfactory
proof to the acupuncture board that the applicant:
(1)
is at least 21 years of age;
(2)
is of good professional character as defined in §183.2
of this title (relating to Definitions);
(3)
has successfully completed 60 semester hours of general
academic college level courses, other than in acupuncture school, that are
not remedial and would be acceptable at the time they were completed for credit
on an academic degree at a two or four year institution of higher education
within the United States accredited by an agency recognized by the Higher
Education Coordinating Board or its equivalent in other states as a regional
accrediting body. Coursework completed as a part of a degree program in acupuncture
or Oriental medicine may be accepted by the acupuncture board if, in the opinion
of the acupuncture board, such coursework is substantially equivalent to the
required hours of general academic college level coursework;
(4)
is a graduate of a reputable acupuncture school that was
a candidate for accreditation or had accreditation through the Accreditation
Commission for Acupuncture and Oriental Medicine (ACAOM) at the time of applicant's
graduation, or received and completed training which, in the opinion of the
acupuncture board, was substantially equivalent to training provided by such
a school;
(5)
has taken and passed, within three attempts, the full National
Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) examination;
(6)
has taken and passed the CCAOM (Council of Colleges of
Acupuncture and Oriental Medicine) Clean Needle Technique (CNT) course and
practical examination; and
(7)
is able to communicate in English as demonstrated by one
of the following:
(A)
passage of the NCCAOM examination taken in English; or
(B)
passage of the TOEFL (Test of English as a Foreign Language)
with a score of 550 or higher on the paper based test or with a score of 213
or higher on the computer based test; or
(C)
passage of the TSE (Test of Spoken English) with a score
of 45 or higher; or
(D)
passage of the TOEIC (Test of English for International
Communication) with a score of 500 or higher; or
(E)
at the discretion of the acupuncture board, passage of
any other similar, validated exam testing English competency given by a testing
service with results reported directly to the acupuncture board or with results
otherwise subject to verification by direct contact between the testing service
and the acupuncture board; or
(F)
an interview conducted in English with the acupuncture
board, a committee of the acupuncture board, or the executive director of
the acupuncture board. Only one interview shall be granted to each requesting
applicant unless that applicant can satisfactorily demonstrate that a second
personal interview is the only remaining opportunity for the applicant to
meet the required ability to communicate in the English language. Should the
applicant fail to adequately demonstrate the ability to communicate in the
English language at the second interview, the applicant is ineligible for
future interviews to determine English proficiency.
(b)
Procedural rules for licensure applicants. The following
provisions shall apply to all licensure applicants.
(1)
Applicants for licensure:
(A)
whose documentation indicates any name other than the name
under which the applicant has applied must furnish proof of the name change;
(B)
whose application for licensure which has been filed with
the board office and which is in excess of two years old from the date of
receipt shall be considered inactive. Any fee previously submitted with that
application shall be forfeited. Any further application procedure for licensure
will require submission of a new application and inclusion of the current
licensure fee.
(C)
will be allowed to sit for the NCCAOM examination only
three times;
(D)
who in any way falsify the application may be required
to appear before the acupuncture board. It will be at the discretion of the
acupuncture board whether or not the applicant will be issued a Texas acupuncture
license;
(E)
on whom adverse information is received by the acupuncture
board may be required to appear before the acupuncture board. It will be at
the discretion of the acupuncture board whether or not the applicant will
be issued a Texas license;
(F)
shall be required to comply with the acupuncture board's
rules and regulations which are in effect at the time the completed application
form and fee are filed with the board;
(G)
may be required to sit for additional oral, written, or
practical examinations or demonstrations that, in the opinion of the acupuncture
board, are necessary to determine competency of the applicant;
(H)
must have the application for licensure completed and legible
in every detail 60 days prior to the acupuncture board meeting in which they
are to be considered for licensure unless otherwise determined by the acupuncture
board based on good cause.
(2)
Applicants for licensure who wish to request reasonable
accommodation due to a disability must submit the request at the time of filing
the application.
(3)
Applicants who have been licensed in any other state, province,
or country shall complete a notarized oath or other verified sworn statement
in regard to the following:
(A)
whether the license, certificate, or authority has been
the subject of proceedings against the applicant for the restriction for cause,
cancellation for cause, suspension for cause, or revocation of the license,
certificate, or authority to practice in the state, province, or country,
and if so, the status of such proceedings and any resulting action; and,
(B)
whether an investigation in regard to the applicant is
pending in any jurisdiction or a prosecution is pending against the applicant
in any state, federal, national, local, or provincial court for any offense
that under the laws of the state of Texas is a felony, and if so, the status
of such prosecution or investigation.
(4)
An applicant for a license to practice acupuncture may
not be required to appear before the acupuncture board or any of its committees
unless the application raises questions about the applicant's:
(A)
physical or mental impairment;
(B)
criminal conviction; or
(C)
revocation of a professional license.
(c)
Licensure documentation.
(1)
Original documents/interview. An applicant must appear
for a personal interview at the board offices and present original documents
to a representative of the board for inspection. Original documents may include,
but are not limited to, those listed in paragraph (2) of this subsection.
(2)
Required documentation. Documentation required of all applicants
for licensure shall include the following:
(A)
Birth certificate/proof of age. Each applicant for licensure
must provide a copy of either a birth certificate and translation, if necessary,
to prove that the applicant is at least 21 years of age. In instances where
a birth certificate is not available, the applicant must provide copies of
a passport or other suitable alternate documentation.
(B)
Name change. Any applicant who submits documentation showing
a name other than the name under which the applicant has applied must present
copies of marriage licenses, divorce decrees, or court orders stating the
name change. In cases where the applicant's name has been changed by naturalization
the applicant must submit the original naturalization certificate by hand
delivery or by certified mail to the board office for inspection.
(C)
Examination scores. Each applicant for licensure must have
a certified transcript of grades submitted directly from the appropriate testing
service to the acupuncture board for all examinations used in Texas for purposes
of licensure in Texas.
(D)
Dean's certification. Each applicant for licensure must
have a certificate of graduation submitted directly from the school of acupuncture
on a form provided by the acupuncture board. The applicant shall attach to
the form a recent photograph, meeting United States Government passport standards,
before submitting it to the school of acupuncture. The school shall have the
Dean or the designated appointee sign the form attesting to the information
on the form and placing the school seal over the photograph.
(E)
Diploma or certificate. All applicants for licensure must
submit a copy of their diploma or certificate of graduation.
(F)
Evaluations. All applicants must provide, on a form furnished
by the acupuncture board, evaluations of their professional affiliations for
the past ten years or since graduation from acupuncture school, whichever
is the shorter period.
(G)
Preacupuncture school transcript. Each applicant must have
the appropriate school or schools submit a copy of the record of their undergraduate
education directly to the acupuncture board. Transcripts must show courses
taken and grades obtained. If determined that the documentation submitted
by the applicant is not sufficient to show proof of the completion of 60 semester
hours of college courses other than in acupuncture school,
the applicant
must obtain coursework verification by submitting
[
which courses
would be acceptable, at the time of completion, to The University of Texas
at Austin for credit on a bachelor of arts degree or a bachelor of science
degree, the applicant may be requested to contact the Office of Admissions
at The University of Texas at Austin for course work verification or otherwise
submit such
] documentation to the acupuncture board for a determination
as to the adequacy of such education[
.
]
or to a two or four
year institution of higher education within the United States. The institution
must be preapproved by the board's executive director and accredited by an
agency recognized as a regional accrediting body by the Texas Higher Education
Coordinating Board or its equivalent in another state.
(H)
School of acupuncture transcript. Each applicant must have
his or her acupuncture school submit a transcript of courses taken and grades
obtained directly to the acupuncture board.
(I)
Fingerprint card. Each applicant must complete a fingerprint
card for the Texas Department of Public Safety and return it to the acupuncture
board as part of the application.
(J)
Other verification. For good cause shown, with the approval
of the acupuncture board, verification of any information required by this
subsection may be made by a means not otherwise provided for in this subsection.
(3)
Additional documentation. Applicants may be required to
submit other documentation, including, but not limited to the following:
(A)
Translations. An accurate certified translation of any
document that is in a language other than the English language along with
the original document or a certified copy of the original document which has
been.
(B)
Arrest Records. If an applicant has ever been arrested,
a copy of the arrest and arrest disposition from the arresting authority and
submitted by that authority directly to the acupuncture board.
(C)
Malpractice. If an applicant has ever been named in a malpractice
claim filed with any liability carrier or if an applicant has ever been named
in a malpractice suit, the applicant shall submit the following:
(i)
a completed liability carrier form furnished by the acupuncture
board regarding each claim filed against the applicant's insurance;
(ii)
for each claim that becomes a malpractice suit, a letter
from the attorney representing the applicant directly to this board explaining
the allegation, dates of the allegation, and current status of the suit. If
the suit has been closed, the attorney must state the disposition of the suit,
and if any money was paid, the amount of the settlement, unless release of
such information is prohibited by law or an order of a court with competent
jurisdiction. If such letter is not available, the applicant will be required
to furnish a notarized affidavit explaining why this letter cannot be provided;
and
(iii)
a statement, composed by the applicant, explaining the
circumstances pertaining to patient care in defense of the allegations.
(D)
Inpatient treatment for alcohol/substance abuse or mental
illness. Each applicant that has been admitted to an inpatient facility within
the last ten years for the treatment of alcohol/substance abuse or mental
illness must submit the following:
(i)
an applicant's statement explaining the circumstances of
the hospitalization;
(ii)
an admitting summary and discharge summary, submitted
directly from the inpatient facility;
(iii)
a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up treatment
recommended; and
(iv)
a copy of any contracts or agreements signed with any
licensing authority.
(E)
Outpatient treatment for alcohol/substance abuse or mental
illness. Each applicant that has been treated on an outpatient basis within
the last ten years for alcohol/substance abuse or mental illness must submit
the following:
(i)
an applicant's statement explaining the circumstances of
the outpatient treatment;
(ii)
a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up treatment
recommended; and
(iii)
a copy of any contracts or agreements signed with any
licensing authority.
(F)
Additional documentation. Additional documentation as is
deemed necessary to facilitate the investigation of any application for licensure.
(G)
DD214. A copy of the DD214 indicating separation from any
branch of the United States military.
(H)
Other verification. For good cause shown, with the approval
of the acupuncture board, verification of any information required by this
subsection may be made by a means not otherwise provided for in this subsection.
(I)
False documentation. Falsification of any affidavit or
submission of false information to obtain a license may subject an acupuncturist
to denial of a license or to discipline pursuant to the Act, §205.351.
(4)
Substitute documents/proof. The acupuncture board may,
at its discretion, allow substitute documents where proof of exhaustive efforts
on the applicant's part to secure the required documents is presented. These
exceptions are reviewed by the acupuncture board, a board committee, or the
board's executive director on an individual case-by-case basis.
(d)
Temporary license.
(1)
Issuance. The Texas State Board of Acupuncture Examiners
may, through the executive director of the Texas State Board of Medical Examiners,
issue a temporary license to a licensure applicant who appears to meet all
the qualifications for an acupuncture license under the Act, but is waiting
for the next scheduled meeting of the Texas State Board of Acupuncture Examiners
for review and for the license to be issued.
(2)
Duration/renewal. A temporary license shall be valid for
100 days from the date issued and may be extended only for another 30 days
after the date the initial temporary license expires. Issuance of a temporary
license may be subject to restrictions at the discretion of the executive
director and shall not be deemed dispositive in regard to the decision by
the Texas State Board of Acupuncture Examiners to grant or deny an application
for a permanent license.
(e)
Distinguished professor temporary license.
(1)
Issuance. The acupuncture board may issue a distinguished
professor temporary license to an acupuncturist who:
(A)
holds a substantially equivalent license, certificate,
or authority to practice acupuncture in another state, province, or country;
and
(B)
agrees to and limits any acupuncture practice in this state
to acupuncture practice for demonstration or teaching purposes for acupuncture
students and/or instructors, and in direct affiliation with an acupuncture
school that is a candidate for accreditation or has accreditation through
the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM)
at which the students are trained and/or the instructors teach; and
(C)
agrees to and limits practice to demonstrations or instruction
under the direct supervision of a licensed Texas acupuncturist who holds an
unrestricted license to practice acupuncture in this state; and
(D)
pays any required fees for issuance or renewal of the distinguished
professor temporary license.
(2)
Duration/renewal. Any such distinguished professor temporary
license shall have a duration of no longer than 60 days and may be renewed
no more than three consecutive times for a total of an additional 180 days.
(3)
Termination. A distinguished professor temporary license
shall automatically expire at the end of 60 days from issuance or 60 days
from date of renewal unless otherwise renewed. A distinguished professor temporary
license or renewal may be denied, terminated, cancelled, suspended, or revoked
for any violation of acupuncture board rules or the Act, Subchapter H.
(f)
Relicensure.
(1)
If an acupuncturist's license has been expired for one
year, it is considered to have been canceled, and the acupuncturist may not
renew the license. The acupuncturist may obtain a new license by submitting
to reexamination and complying with the requirements and procedures for obtaining
an original license. The examination required by this section is the full
NCCAOM examination.
(2)
A person may qualify for renewal of his or her original
license without reexamination if that person:
(A)
held a license previously in this state;
(B)
moved to another state, province, or country;
(C)
legally practiced in the other state, province, or country
for not more than two years since the expiration of his or her Texas license;
and
(D)
files an application for relicensure under subsections
(a)-(c) of this section.
(g)
Approved schools. A ACAOM approved acupuncture school may
use the word college as a means of representation to the public as long as
it maintains ACAOM accreditation. An approved school may not represent itself
as a university.
(h)
Exceptions. Before January 1, 2004, the acupuncture board
may not adopt a rule under §205.101 of the Act, that requires a school
of acupuncture operating in Texas on or before September 1, 1993, be accredited
by, or a candidate for accreditation by, the Accreditation Commission for
Acupuncture and Oriental Medicine.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 7, 2002.
TRD-200200051
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 17, 2002
For further information, please call: (512) 305-7016