22 TAC §§183.1 - 183.4, 183.6, 183.12, 183.14, 183.16, 183.23
The Texas State Board of Acupuncture Examiners (Acupuncture
board), with the approval of the Texas Medical Board proposes amendments to §§183.1
- 183.4, 183.6, 183.12, 183.14 and 183.16 and new §183.23, concerning
Acupuncture.
The amendment to §183.1 adds a more extensive list of functions of
the Acupuncture board. The amendment to §183.2 updates the citation to
the board rule regarding licensure; deletes references to provision of §183.4(g)
that is being deleted; updates names of agencies; and provides the requirement
to take the Biomedicine Module of the NCCAM, in accordance with statutory
changes. The amendment to §183.3 revises functions of the licensure committee
in accordance with statutory changes authorizing the acupuncture board to
issue licenses. The amendment to §183.4 provides requirements for applicants
to pass jurisprudence examination, in accordance with statutory changes; and
revises the time period for expiration of an application from two years to
one year. The amendment to §183.6 provides that Chapter 187 and Chapter
190 apply to acupuncturists; and adds "criminal convictions" to list of subjects
relating to Chapter 190. Section 183.12 is amended to provide for adoption
of rules by the acupuncture board with approval of the medical board. The
amendment to §183.14 provides for advice by the acupuncture board to
the medical board for Acudetox Specialist training programs. The amendment
to §183.16 updates the name of the Texas Medical Board. New §183.23
is proposed in order to reference Chapter 196, regarding voluntary surrender
of a license, to Acupuncturists.
Michele Shackelford, General Counsel, Texas State Board of Acupuncture
Examiners and Texas Medical Board, has determined that for the first five-year
period the amendments and new section are in effect there will be no fiscal
implications to state or local government as a result of enforcing the amendments
and new section as proposed. There will be no effect to individuals required
to comply with the amendments and new section as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the amendments and new section as proposed are in effect the public
benefit anticipated as a result of enforcing the amended and new sections
will be to provide the public with more information regarding the functions
of the acupuncture board; update rules in accordance with statutory changes;
incorporate revisions to Chapter 187 and Chapter 190, which have been amended
in conformity with legislative changes, so that the same changes apply to
the acupuncture board; require the Medical Board to obtain advice from the
Acupuncture Board regarding training programs for Acudetox Specialists; and
provide implementation of legislative change authorizing voluntary surrender
of acupuncture licenses. There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments and new section are proposed under the authority
of the Texas Occupations Code Annotated, §205.101 which provides the
Texas State Board of Acupuncture Examiners, with the approval of the Texas
Medical Board, to adopt rules and bylaws as necessary to administer and enforce
Chapter 205, Texas Occupations Code.
The following statutes, articles or codes are affected by this proposal:
Texas Occupations Code, §§205.001(6-8), 205.203, 205.206, 205.1521,
205.3522.
§183.1.Purpose.
(a)
These rules are promulgated under the authority
of the Medical Practice Act, Title 3 Subtitle B Tex. Occ. Code and the Acupuncture
Act, Chapter 205 Tex. Occ. Code, to establish procedures and standards for
the training, education, licensing, and discipline of persons performing acupuncture
in this State so as to establish an orderly system of regulating the practice
of acupuncture in a manner which protects the health, safety, and welfare
of the public.
(b)
The Acupuncture board's functions include
but are not limited to the following:
(1)
Establish standards for the practice of acupuncture.
(2)
Regulate the practice of acupuncture through the licensure
and discipline of acupuncturists.
(3)
Interpret the Acupuncture Act and the Acupuncture board
Rules acupuncturists and the public to ensure informed professionals, allied
health professionals, and consumers.
(4)
Receive complaints and investigate possible violations
of the Acupuncture Act and the Acupuncture board Rules.
(5)
Discipline violators through appropriate legal action to
enforce the Acupuncture Act and the Acupuncture board Rules.
(6)
Provide a mechanism for public comment with regard to the
Acupuncture Act and the Acupuncture board Rules.
(7)
Review and modify the Acupuncture board rules when necessary
and appropriate, subject to approval of the Medical Board.
(8)
Examine and license qualified applicants to practice acupuncture
in Texas in a manner that ensures that applicable standards are maintained.
(9)
Provide recommendations to the legislature concerning appropriate
changes to the Acupuncture Act to ensure that the acts are current and applicable
to changing needs and practices.
(10)
Provide informal public information on licensees.
(11)
Maintain data concerning the practice of acupuncture.
§183.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the content clearly indicates otherwise.
(1)
Ability to communicate in the English language--An applicant
who has met the requirements set out in §183.4(a)
(8)
[
(7)
] of this title (relating to Licensure).
(2)
Acceptable approved acupuncture school--Effective January
1, 1996, and in addition to and consistent with the requirements of §205.206
of the Tex. Occ. Code
:
[
and with the exception of the provisions
outlined in §183.4(h) of this title (relating to Exceptions),
]
(A) - (C)
(No change.)
(3) - (6)
(No change.)
(7)
Agency--The divisions, departments, and employees of the
Texas [
State Board of
] Medical
Board
[
Examiners
], the Texas [
State Board of
] Physician Assistant
Board
[
Examiners
], and the Texas State Board of Acupuncture Examiners.
(8) - (18)
(No change.)
(19)
Full NCCAOM examination--The National Certification Commission
for Acupuncture and Oriental Medicine examination, consisting of the following:
(A)
(No change.)
(B)
if taken on or after June 1, 2004
and before January
1, 2007
: the NCCAOM Foundation of Oriental Medicine Module, Acupuncture
Module, Point Location Module, and the Chinese Herbology Module.
(C)
if taken on or after January 1, 2007,
the NCCAOM Foundation of Oriental Medicine Module, Acupuncture Module, Point
Locations Module, the Chinese Herbology Module, and the Biomedicine Module.
(20) - (23)
(No change.)
(24)
Medical board--The Texas [
State Board of
] Medical
Board
[
Examiners
].
(25) - (34)
(No change.)
§183.3.Meetings.
(a) - (f)
(No change.)
(g)
The following are standing and permanent committees of
the acupuncture board. Each committee, with the exception of the Executive
Committee, shall consist of at least one board member who is a licensed physician,
one board member who is a licensed acupuncturist, and one public board member.
In the event that a committee does not have a representative of one or more
of these groups, the presiding officer shall appoint additional members as
necessary to maintain this composition. The Executive Committee shall include
the presiding officer, the assistant presiding officer, and the secretary-treasurer,
plus additional members so that the committee consists of a minimum of two
board members who are licensed acupuncturists, one board member who is a licensed
physician, and one public board member. The responsibilities and authority
of these committees shall include those duties and powers as set forth below
and such other responsibilities and authority which the acupuncture board
may from time to time delegate to these committees.
(1)
Licensure Committee:
(A) - (D)
(No change.)
(E)
make determinations of eligibility,
present
the results of reviews of applications for licensure and make recommendations
to the acupuncture board regarding licensure of applicants;
(F)
oversee and make recommendations to the acupuncture board
regarding any aspect of the examination process including the approval of
an appropriate licensure examination and the administration of such an examination
and documentation and verification of records from all applicants for licensure
;
(G)
(No change.)
(H)
maintain communication with Texas acupuncture
schools;
(I)
[
(H)
] make recommendations to the
acupuncture board regarding matters brought to the attention of the Licensure
Committee.
(2) - (4)
(No change.)
(h) - (m)
(No change.)
§183.4.Licensure.
(a)
Qualifications. An applicant must present satisfactory
proof to the acupuncture board that the applicant:
(1) - (5)
(No change.)
(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)
for applicants who apply for a license
on or after September 1, 2007, passes a jurisprudence examination ("JP exam"),
which shall be conducted on the licensing requirements and other laws, rules,
or regulations applicable to the acupuncture profession in this state. The
jurisprudence examination shall be developed and administered as follows:
(A)
Question for the JP Exam shall be prepared by agency staff
with input from the Acupuncture board and the agency staff shall make arrangements
for a facility by which applicants can take the examination.
(B)
Applicants must pass the JP exam with a score of 75 or
better within three attempts.
(C)
An examinee shall not be permitted to bring medical books,
compends, notes, medical journals, calculators or other help into the examination
room, nor be allowed to communicate by word or sign with another examinee
while the examination is in progress without permission of the presiding examiner,
nor be allowed to leave the examination room except when so permitted by the
presiding examiner.
(D)
Irregularities during an examination such as giving or
obtaining unauthorized information or aid as evidenced by observation or subsequent
statistical analysis of answer sheets, shall be sufficient cause to terminate
an applicant's participation in an examination, invalidate the applicant's
examination results, or take other appropriate action.
(E)
An applicant who is unable to pass the JP exam within three
attempts must appear before a committee of the board to address the applicant's
inability to pass the examination and to re-evaluate the applicant's eligibility
for licensure. It is at the discretion of the committee to allow an applicant
additional attempts to take the JP exam; and
(8)
[
(7)
] is able to communicate in English
as demonstrated by one of the following:
(A)
passage of the NCCAOM examination taken in English;
(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;
(C)
passage of the TSE (Test of Spoken English) with a score
of 45 or higher;
(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.
(b)
Procedural rules for licensure applicants. The following
provisions shall apply to all licensure applicants.
(1)
Applicants for licensure:
(A)
(No change.)
(B)
whose application for licensure which has been filed with
the board office and which is in excess of
one year
[
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) - (G)
(No change.)
(2) - (4)
(No change.)
(c) - (d)
(No change.)
(e)
Distinguished professor temporary license.
(1)
Issuance. The acupuncture board may issue a distinguished
professor temporary license to an acupuncturist who:
(A) - (D)
(No change.)
(E)
passes the JP Exam, as provided in subsection
(a)(7) of this section.
(2)
(No change.)
(3)
Disciplinary action. A distinguished professor temporary
license or renewal may be denied, terminated,
canceled
[
cancelled
], suspended, or revoked for any violation of acupuncture board rules
or the Act, Subchapter H.
(f) - (g)
(No change.)
[(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 ACAOM.]
§183.6.Denial of License; Discipline of Licensee.
(a) - (b)
(No change.)
(c)
The denial of licensure or the imposition of disciplinary
action by the acupuncture board pursuant to §205.351 of the Act shall
be in accordance with the Act, the procedures set forth in
Chapters
[
Chapter
] 187
and 190
of this title (relating to Procedural
Rules
and Disciplinary Guidelines
), the Administrative Procedure
Act, and the rules of the State Office of Administrative Hearings.
Chapters
187 and 190 of this title (relating to Procedural Rules and Disciplinary Guidelines)
shall be applied to acupuncturists to the extent applicable.
If the
provisions of Chapter 187
or Chapter 190
conflict with the Act
or rules under this chapter, the Act and provisions of this chapter shall
control.
(d)
Disciplinary guidelines.
(1)
Chapter 190 of this title (relating to Disciplinary Guidelines)
shall apply to acupuncturists regulated under this chapter and be used as
guidelines for the following areas as they relate to the denial of licensure
or disciplinary action of a licensee:
(A) - (C)
(No change.)
(D)
repeated and recurring meritorious health care liability
claims; [
and
]
(E)
aggravating and mitigating factors
; and
[
.
]
(F)
criminal convictions.
(2)
(No change.)
§183.12.Medical Board Review and Approval.
(a)
Pursuant to §205.202 of the Act, [
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 the Act and the rules adopted pursuant to the Act
without
approval of the Medical Board
.
(b)
Pursuant to §205.352 of the Act, the acupuncture
board shall take disciplinary action against a license holder without approval
of the Medical Board
[
The issuance, renewal, surrender, or cancellation
of a license to practice acupuncture in this state shall be subject to final
approval by the medical board after consultation with the acupuncture board
].
[(c)
The acupuncture board recommendations
of the revocation, suspension, restriction, probation, cancellation, or surrender
of a license to practice acupuncture, as well as all recommended disciplinary
actions, dismissals of allegations of violations of the Act, and agreed dispositions,
shall be subject to medical board review and final approval by the medical
board.]
(c)
[
(d)
]
Pursuant to §205.101(b)
of the Act, a rule adopted by the acupuncture board is subject to
Medical
board approval
, which
[
of acupuncture board actions under
this section
] shall be memorialized in the minutes of the medical board,
the minutes of a committee of the medical board, or in a writing signed by
the medical board's presiding officer, secretary-treasurer, or authorized
committee chairman after consideration of the recommendations of the acupuncture
board.
§183.14.Acudetox Specialist.
(a)
(No change.)
(b)
Any person who does not possess a Texas acupuncture license
or is not otherwise authorized to practice acupuncture under Tex. Occ. Code
Ann. Title 3, Subtitle C, Chapter 205, may practice as an acudetox specialist
for the sole purpose of the treatment of alcoholism, substance abuse, or chemical
dependency upon obtaining certification as an acudetox specialist only under
the following conditions listed in paragraphs (1) - (4) of this subsection:
(1)
(No change.)
(2)
after successful completion of a training program in acupuncture
for the treatment of alcoholism, substance abuse, or chemical dependency,
which has been approved by the Medical Board
with advice from the acupuncture
board
. Such program in auricular acupuncture shall be 70 hours in length,
and shall include a clean needle technique course or equivalent universal
infection control precaution procedures course approved by the Medical Board;
(3) - (4)
(No change.)
(c) - (k)
(No change.)
§183.16.Texas Acupuncture Schools.
(a)
(No change.)
(b)
Compliance with the provisions of subsection (a) of this
section shall be accomplished by providing students and applicants with a
copy of Subchapter H of the Act, a copy of Chapter 183 (Acupuncture) contained
in the Rules of the Texas [
State Board of
] Medical
Board
[
Examiners
], and the following typed statement:
Figure: 22 TAC §183.16(b)
(c) - (e) (No change.)
§183.23.Voluntary Surrender of Acupuncture License.
Pursuant to Section 205.3522 of the Act, the Board may accept the voluntary
surrender of an acupuncture license. Chapter 196 of this title (relating to
Voluntary Surrender of a Medical License) shall govern the voluntary surrender
of an acupuncture license in a similar manner as that chapter applies to a
medical license. Section 183.4 of this title (relating to Licensure) shall
govern reapplication after a voluntary surrender.
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 February 13, 2006.
TRD-200600707
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 305-7016