EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS Part IX. Texas State Board of Medical Examiners Chapter 183. Acupuncture 22 TAC sec.183.17, sec.183.18 The Texas State Board of Medical Examiners adopts on an emergency basis new sec.183.17 and sec.183.18, concerning auricular acupuncture and automatic licensure for acupuncturists. The new sections set forth the requirements for licensing those persons practicing acupuncture in the state of Texas on September 1, 1993, and provide a limited exemption for those individuals practicing auricular acupuncture only. Section 183.17 and sec.183.18 are being simultaneously proposed for public comment elsewhere in this issue of the Texas Register. The statute related to automatic licensure expires on June 2, 1994, and adoption on an emergency basis is necessary to implement appropriate rules for licensing to avoid an absence of licensed acupuncturists to provide acupuncture care to the public. The new sections are adopted on an emergency basis under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this act. sec.183.17. Auricular Acupuncture for Treatment of Chemical Dependency. Those individuals practicing auricular acupuncture solely for the purpose of detoxification and treatment of alcohol abuse, substance abuse, or chemical dependency, shall be exempted from the provisions of this chapter until September 30, 1994. sec.183.18. Automatic Licensure. (a) Pursuant to the Medical Practice Act, sec.6.14, an acupuncturist shall be eligible for automatic licensure by submitting a written application for automatic licensure on a form provided by the medical board postmarked on or before June 1, 1994, which contains complete information as requested on the form along with the following attachments, as well as appropriate documentation as required in subsections (c), (d), (e), or (h) of this section: (1) a typed affidavit in English by the applicant indicating that the applicant: (A) is at least 21 years of age; (B) was in the active practice of acupuncture in Texas on September 1, 1993; and (C) has not engaged in any of the activities which serve as grounds to deny licensure under the Medical Practice Act, sec.6.11; (2) two typed affidavits in English executed by Texas residents with personal knowledge of the applicant's acupuncture practice and not related to the applicant by blood, adoption, or marriage, confirming that the applicant was in the active practice of acupuncture in Texas on September 1, 1993; (3) a black and white or color passport photograph of the applicant of two inches by two inches in size taken no more than one year from the date of the application; (4) the fingerprints of the applicant on a fingerprint card provided by the medical board; (5) a fee in the amount of $300; and (6) proof of proficiency in the English language in a manner satisfactory to the Executive Director of the medical board if an applicant is not a United States citizen. (b) Falsification of any affidavit or submission of false information to obtain a license shall subject an acupuncturist to denial of an application for licensure or to discipline pursuant to the Medical Practice Act, sec.6.11. (c) If an applicant can document consecutive acupuncture practice in Texas for at least the five years immediately preceding September 1, 1993, and can document 500 patient visits for each of the three years immediately preceding September 1, 1993, the applicant shall be eligible for automatic licensure by submitting the following: (1) documentation as required under subsection (a) of this section; (2) a certified opinion by a certified public accountant which indicates an examination of an applicant's records has been conducted and that the records indicate that the applicant has practiced acupuncture consecutively in Texas for the five years immediately preceding September 1, 1993, and that the records indicate at least 500 patient visits in each of the three years immediately preceding September 1, 1993; and (3) verification by February 2, 1996, in the manner provided for in subsection (f) of this section, that the applicant has taken and passed the National Commission for the Certification of Acupuncturists (NCCA) or the Council of Colleges of Acupuncture and Oriental Medicine (CCAOM) Clean Needle Technique (CNT) course and practical examination. (d) If the applicant can document consecutive acupuncture practice in Texas for more than the three years, but less than five years, immediately preceding September 1, 1993, and can document 500 patient visits for each of the three years immediately preceding September 1, 1993, the applicant shall be eligible for automatic licensure by submitting the following: (1) documentation as required under subsection (a) of this section; and (2) a certified opinion by a certified public accountant which indicates an examination of an applicant's records has been conducted and that the records indicate that the applicant has practiced acupuncture consecutively in Texas for at least the three years but less than the five years immediately preceding September 1, 1993, and that the records indicate at least 500 patient visits in each of the three years immediately preceding September 1, 1993; (3) verification by February 2, 1996, in the manner provided for in subsection (f) of this section, that the applicant has taken in his language of choice and passed the full National Commission for the Certification of Acupuncturists (NCCA) examination as defined in sec.183.2 of this title (relating to Definitions); and (4) verification by February 2, 1996, in the manner provided for in subsection (f) of this section, that the applicant has taken and passed the National Commission for the Certification of Acupuncturists (NCCA) or the Council of Colleges of Acupuncture and Oriental Medicine (CCAOM) Clean Needle Technique (CNT) course and practical examination. (e) If the applicant can document consecutive acupuncture practice in Texas for less than three years immediately preceding September 1, 1993, the applicant shall be eligible for automatic licensure by submitting the following: (1) documentation as required under subsection (a) of this section; and (2) a typed affidavit in English by the applicant outlining the applicant's training, education, and experience to include the names and addresses of schools attended, training and degrees received, and addresses where the applicant has previously practiced acupuncture. This affidavit shall include corresponding dates for school attendance, training, receipt of degrees, and periods of practice; (3) verification by February 2, 1996, in the manner provided for in subsection (f) of this section, that the applicant has taken in his language of choice and passed the full National Commission for the Certification of Acupuncturists (NCCA) examination as defined in sec.183.2 of this title (relating to Definitions); (4) verification by February 2, 1996, in the manner provided for in subsection (f) of this section, that the applicant has taken and passed the National Commission for the Certification of Acupuncturists (NCCA) or the Council of Colleges of Acupuncture and Oriental Medicine (CCAOM) Clean Needle Technique (CNT) course and practical examination; and (5) has completed 1,350 instructional (didactic and clinical) hours in acupuncture or the number of similar hours required by NCCA at the time the examination was taken by the applicant. (f) Documentation for the verification of the requirements of subsections regarding passage of the examinations shall be requested by the applicant and shall be submitted directly to the acupuncture board through the offices of the medical board, in writing and in English by the association(s), institution(s), organization(s), or governmental body(ies) which administered the examination(s) or, for good cause shown, by a mechanism which meets the approval of the acupuncture board. (g) Documentation for the verification of the requirements of subsection (e)(5) of this section regarding the completion of instructional hours in acupuncture shall include certified copies of transcripts, licenses, or diplomas showing that the applicant has successfully completed the required number of hours in acupuncture and shall be submitted directly to the acupuncture board through the offices of the medical board, in writing and in English by the academic institution(s), organization(s), or governmental body(ies) which awarded the transcript, license, or diploma or, for good cause shown, by a mechanism which meets the approval of the acupuncture board. (h) If the applicant was practicing acupuncture in Texas on September 1, 1993, under the supervision of a licensed Texas physician who was registered to supervise the applicant, and can document two years of acupuncture practice, the applicant shall be eligible for automatic licensure upon submission of the following documents: (1) documentation as required in subsection (a) of this section; (2) a typed affidavit in English by the applicant indicating the name(s) of the supervising physician(s), previous practice address(es), and the period(s) of supervision; (3) a certified opinion by a certified public accountant which indicates an examination of an applicant's records has been conducted and that the records indicate that the applicant has practiced acupuncture for the two years immediately preceding the postmark date of their application to the acupuncture and medical boards; and (4) verification by February 2, 1996, in the manner provided for in subsection (f) of this section, that the applicant has taken and passed the National Commission for the Certification of Acupuncturists (NCCA) or the Council of Colleges of Acupuncture and Oriental Medicine (CCAOM) Clean Needle Technique (CNT) course and practical examination. Issued in Austin, Texas, on April 25, 1994. TRD-9439755 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: April 25, 1994 Expiration date: July 25, 1994 For further information, please call: (512) 834-7728, Ext. 402 Part XVIII. Texas State Board of Podiatry Examiners Chapter 371. Examinations 22 TAC sec.371.2 The Texas State Board of Podiatry Examiners adopts on an emergency basis, an amendment to sec.371.2, concerning Examinations. The amendment changes the examination fee to conform with s379.1, regarding fees, which has already been amended to list all fee charges. The amendment is also being simultaneously proposed for public comment elsewhere in this issue of the Texas Register. The amendment is adopted on an emergency basis under Texas Civil Statutes, Articles 4568(j) and 4590(e), which provide the Texas State Board of Podiatry Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatry, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatry, and the enforcement of the law regulating the practice of podiatry. sec.371.2. Application of License. (a)-(e) (No change.) (f) The full examination fee is $125
    [100]. Only certified check, postal service money order or express money order shall be accepted. No examination fee will be refunded. The examination fee must be received by the secretary-treasurer at least 15 days before the date the applicant is scheduled to begin the examination. (g)-(h) (No change.) Issued in Austin, Texas, on April 25, 1994. TRD-9439788 Janie Alonzo Staff Services Officer I Texas State Board of Podiatry Examiners Effective date: April 26, 1994 Expiration date: August 25, 1994 For further information, please call: (512) 794-0145 Chapter 373. Identification of Practice 22 TAC sec.373.2 The Texas State Board of Podiatry Examiners adopts on an emergency basis, an amendment to sec.373.2, concerning Practitioner Identification. This amendment clarifies the terms a podiatrist must use to professionally identify himself or herself. The emergency is needed to delete the reference to the term "clinic," which has also been removed from sec.373.4(d). This amendment to sec.373.2 is also being simultaneously proposed for public comment elsewhere in this issue of the Texas Register. The amendment is adopted on an emergency basis under Texas Civil Statutes, Articles 4568(j) and 4590(e), which provide the Texas State Board of Podiatry Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatry, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatry, and the enforcement of the law regulating the practice of podiatry. sec.373.2. Practitioner Identification. (a)-(d) (No change.) (e) A practitioner shall not use a trade name or assumed name to identify his practice, except as authorized in sec.373.4 of this title (relating to Trade Names and Assumed Names) [with respect to clinics, and specifically limited by sec.373.4(d) of this title (relating to Trade Names and Assumed Names)]. Issued in Austin, Texas, on April 25, 1994. TRD-9439790 Janie Alonzo Staff Services Officer I Texas State Board of Podiatry Examiners Effective date: April 26, 1994 Expiration date: August 25, 1994 For further information, please call: (512) 794-0145