TAAOM drafts a house bill and seeks to update the Acupuncture Act. Please help acupuncture by suport the Bill. Thanks!

Following is Acupuncture H.B. 1028
80R2051 MSE-F

By: King of Zavala H.B. No. 1028



A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of acupuncture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 205.001(2), Occupations Code, is amended to read as follows:
(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 or recommendation 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).
(C) “Acupuncture” does not include surgery or spinal manipulation under anesthesia.
SECTION 2. Section 205.101, Occupations Code, is amended to read as follows:
Sec. 205.101. GENERAL POWERS AND DUTIES OF ACUPUNCTURE BOARD. (a) Except as provided for in subsection (c), the [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) recommend rules to establish licensing and other fees;
(7) establish the requirements for a tutorial program for acupuncture students who have completed at least 48 semester hours of college; and
(7 8) adopt [recommend] additional rules as are necessary to administer and enforce this chapter.
(b) The acupuncture board does not have independent rulemaking authority. A rule adopted by the acupuncture board is subject to medical board approval.

(c b) The acupuncture board shall:




review and approve or reject each application for
the issuance or renewal of a license;
(2) issue each license; and
(3) deny, suspend, or revoke a license or otherwise
discipline a license holder.
(c) All board rules relating to the scope of practice of acupuncture are required to have the advice and approval of the medical board.
SECTION 3. The heading to Section 205.301, Occupations Code, is amended to read as follows:
Sec. 205.301. EVALUATION [REFERRAL] BY OTHER HEALTH CARE PRACTITIONER REQUIRED.
SECTION 4. Sections 205.301(a), (b), and (d), Occupations Code, are amended to read as follows:
(a) A license holder may perform acupuncture on a person only if the person was[:
[(1)] evaluated by a physician, a person acting under




the delegation and supervision of a physician, chiropractor, or dentist, as appropriate, for the condition being treated within 12 [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, a person acting under the delegation and supervision of a physician, chiropractor, or dentist within the prescribed time. The form must contain a clear statement that the person should be evaluated by a physician, a person acting under the delegation and supervision of a physician, chiropractor, or dentist for the

condition being treated by the license holder.
(d) The medical board, with advice from the acupuncture board, by rule may modify:
(1) the scope of the evaluation under Subsection (a)[(1)]; or
(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)].
SECTION 5. Section 205.302, Occupations Code, is amended to read as follows:
Sec. 205.302. AUTHORIZED PRACTICE WITHOUT EVALUATION [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 an evaluation [a referral] from a physician, dentist, a person acting under the delegation and supervision of a physician, 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;
(4) chronic pain; or
(5) to the extent permitted by medical board rule adopted with advice from the acupuncture board;
(i) stress;
(ii) an allergy;
(iii) nausea or a digestive disorder;
(iv) depression;
(v) insomnia; or
(vi) a cosmetic procedure.
SECTION 6. Section 205.355, Occupations Code, is amended to read as follows:
Sec. 205.355. REQUIRED DISCIPLINARY ACTION FOR FAILURE TO OBTAIN EVALUATION [REFERRAL]. A [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) [205.301(a)(1)].
SECTION 7. Section 205.301(c), Occupations Code, is repealed.
SECTION 8. (a) The Texas State Board of Acupuncture Examiners shall adopt rules as required by Section 205.101, Occupations Code, as amended by this Act, not later than January 1, 2008. A rule or form in effect under Chapter 205, Occupations Code, on the effective date of this Act remains in effect until the rule or form is amended or replaced by a new rule or form adopted or prescribed under Section 205.101, Occupations Code, as amended by this Act.
(b) An application for a license to practice acupuncture filed under Chapter 205, Occupations Code, before the effective date of this Act is covered by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

In the previous blog it was reported that we had 51% support in the House for this bill which would require Medicare to cover acupuncture services.  That is inaccurate.  We have 51 congressmen/women who are supporting the bill but still need many more to support the bill before we reach a 51% majority.  As a reminder, please continue to garner support for this bill by contacting your congressional representative.  You can ask your clients to support this bill as well.  

HR 818 is a Bill to amend medicare to pay for acupuncture. This bill did not have enough support to pass in 2005 and was referred to the House Subcommittee on Health. We have been advised that this bill has now reached 50% support in the House. Now would be a great time to call or write your representative and ask them to support the passage of this bill.

Letters, emails and calls to your representatives in Congress, urging them to co-sponsor the Federal Acupuncture Coverage Act, are extremely effective. If you don't know who represents you in Congress, you can find out by entering your state name and zip code in the "Write Your Rep" website sponsored by the House of Representatives at http://www.house.gov/writerep/. You can also email your representative from this website regarding this bill. To make it easy for you, copy and paste the letter below into the text portion of the email and forward it to your representative. You can also download a document in PDF format of this letter by clicking here, fill in your own information, and send it through regular mail to your representative.



Dear Congressman name:



As an acupuncture patient, I urge you to cosponsor the Federal Acupuncture Coverage Act. The bill, sponsored by Congressman Maurice Hinchey, would add an acupuncture benefit to Medicare and the Federal Employees Health Benefits (FEHB) plan.



I am one of the millions of Americans who know how effective acupuncture can be in treating chronic pain, addiction, and respiratory and digestive ailments. Both publicly and privately sponsored research confirm its benefits and the National Institutes of Health is continuing to study the effective applications of acupuncture.



For patients in search of safe, holistic treatments with little or no side effects, acupuncture has become an integral part of their health care regime. It is a safe, effective and inexpensive alternative to Western medicine. That's why more than 70 percent of the nation's insurers now cover some acupuncture treatments.



Please support the Federal Acupuncture Coverage Act, which would give federal employees, seniors and the disabled the freedom to choose acupuncture.



Sincerely,



Name/address



If you would like to get more information regarding this bill you can view it at http://thomas.loc.gov/ by searching using the bill number which is HR818.

 

Hello Friends:

I’ve attached a letter regarding NCCAOM and the February exam cancellations, and some of the background events happening that not a lot of people in the community know about or are willing to look into. I’d like for you to review the letter and let me know if you have any questions or additional comments/discussion.

...

Please download the full letter here.

NEWS RELEASE:

• ANNOUNCING THE LAUNCH OF THE AMERICAN ASSOCIATION FOR TEACHERS OF ACUPUNCTURE AND ORIENTAL MEDICINE, AND A CALL FOR NEW MEMBERS ,

We are pleased to launch a comprehensive national organization dedicated to teachers of Oriental medicine. The American Association for Teachers of Acupuncture and Oriental Medicine (AATAOM) will spearhead the development and advancement of teachers of acupuncture and Oriental medicine, and will offer an invaluable source of news, information and educational opportunities. Membership is open to all teachers of any of the branches of Oriental medicine and to those colleagues who support the growth of Oriental medicine in the United States.

AATAOM’s mission is to support excellence and proficiency in the Oriental medicine teaching profession, to provide training and resources, and to promote the ever-changing evolution of education to meet 21st century demands in the Oriental medicine community. AATAOM will provide a unique forum for educators to share ideas, concerns, strategies and innovative teaching methodologies.

AATAOM ‘s benefits will include::
• A comprehensive website – www.AATAOM.org
• Access to information on employment and career opportunities through AATAOM networking and online job search directory
• Free newsletter
• Free listing in AATAOM’s directory
• Workshops to improve teaching skills
• Access to textbooks and teaching materials resource guide
• Discounts to educational and professional seminars
• Online forum discussions of current events and teachers’ issues
• Discounts for books, supplies and teaching materials
• Online tutorials for CEUs and PDAs approved by NCCAOM
• Legislative updates
• AATAOM website links to industry associations and publications

The first annual meeting of the AATAOM will be held on Saturday, October 21, during the AAOM 2006 Conference at The Wigwam in Litchfield Park, Arizona, from 9:30am to 12:00noon. The focus of the meeting is to set the scope and direction of the organization. All those interested in participating in the AATAOM are welcome to attend.

AATAOM’s goal is to elevate the Oriental medicine profession and strengthen its position in the healthcare field. To join the AATAOM, or for more information, please visit our website at www.AATAOM.org. To receive our brochure, please call 512-454-0006.

Stopping the State Chiropractic Board from including acupuncture in a chiropractors scope of practice

In December, 2005 it came to the attention of the TAAOM Board that the State Chiropractic Board was attempting to rewrite the Texas State Chiropractic rules so as to include acupuncture in all chiropractors scope of practice. This was being done without following the appropriate process for hearings and information gathering.

Obviously this was not acceptable to us or the TAAOM Board. Your Board members acted quickly by getting the association’s attorneys involved and stopped this from happening. This is a great example of what membership in this association is worth!!!

Texas State Board of Acupuncture Examiners (TSBAE) appointment

Leslie Myers, Tx. L.Ac., who has been a TAAOM Board member since 1997 and a member of the association since 1996 is seeking an appointment to TSBAE. Leslie would be an excellent resource for all acupuncturists on this Board. Please call 512.463-2000 (ask for Appointments office) to encourage Governor Perry to appoint Leslie to this position.

2007 Texas State Legislative Session

TAAOM will spend most of this year preparing for the 2007 Texas State Legislative Session. Key issues and concerns will be identified and prepared for review by the TAAOM attorneys and lobbyists.

Keep checking this website for current information regarding issues and ideas for the next State Legislative Session.

2005 Texas State Legislative Session

TAAOM was responsible for the successful passage of two bills during the 2005 Legislative session. Following is a synopsis of those two bills.

If you wish to view either of these bills in their entirety please go to the following website http://www.capitol.state.tx.us. Once you are there under “Bill Action and Vote History”, choose the 79th Regular Session 2005 from the pull down menu and type in either one of the bill numbers and press go. This will take you to the history and also full text of the bill.

HB2371

Provides that an HMO/PPO that already includes acupuncture under their health care plan “may not refuse to provide reimbursement for the performance of a covered acupuncture service solely because the service is performed by an acupuncturist.

* Does not mandate that either HMO’s or PPO’s cover acupuncture services
* Applies only to a policy, certificate, contract or evidence of coverage delivered, issued for delivery or renewed on or after January 1, 2006.

SB419

2005 was the “sunset year” for the Texas State Board of Medical Examiners (TMB) which includes the Texas State Board of Acupuncture Examiners (TSBAE). It is during this sunset year that the activities of these boards are reviewed by the legislature and if deemed unnecessary the board can be abolished. The TMB was not abolished and the role of the TSBAE was strengthened partly through the efforts of TAAOM.

A few key highlights of this bill are:

* The presiding officer of TSBAE is appointed by the governor and now must be an acupuncturist.
* Any new rules regarding the practice of acupuncture should include input from individuals and groups that have an interest in matters under the acupuncture board’s jurisdiction. If there is no input, TSBAE must justify why there is no input.
* The TSBAE now has much more authority to act independently and with less oversight from the TMB.
* Jurisprudence Exam – this is a new requirement for licensure applicants. The exam will be conducted on the licensing requirements an other laws, rules, regulations applicable to the professional practice of acupuncture in this state.
* Discipline – all disciplinary actions for acupuncture are administered by the TSBAE. Prior to this bill these functions were split between the TMB and the TSBAE.

HR 818 is a Bill to amend medicare to pay for acupuncture. This bill did not have enough support to pass in 2005 and was referred to the House Subcommittee on Health. To assist making this popular enough to bring to the floor please write your congressman in your district urging them to co-sponsor this bill.

Letters, emails and calls to your representatives in Congress, urging them to co-sponsor the Federal Acupuncture Coverage Act, are extremely effective. If you don't know who represents you in Congress, you can find out by entering your state name and zip code in the "Write Your Rep" website sponsored by the House of Representatives at http://www.house.gov/writerep/. You can also email your representative from this website regarding this bill. To make it easy for you, copy and paste the letter below into the text portion of the email and forward it to your representative. You can also download a Word document format of this letter here, fill in your own information, and send it through regular mail to your representative.

Dear Congressman name:

As an acupuncture patient in Texas, I urge you to cosponsor the Federal Acupuncture Coverage Act. The bill, sponsored by Congressman Maurice Hinchey, would add an acupuncture benefit to Medicare and the Federal Employees Health Benefits (FEHB) plan.

I am one of the millions of Americans who know how effective acupuncture can be in treating chronic pain, addiction, and respiratory and digestive ailments. Both publicly and privately sponsored research confirm its benefits and the National Institutes of Health is continuing to study the effective applications of acupuncture.

For patients in search of safe, holistic treatments with little or no side effects, acupuncture has become an integral part of their health care regime. It is a safe, effective and inexpensive alternative to Western medicine. That's why more than 70 percent of the nation's insurers now cover some acupuncture treatments.

Please support the Federal Acupuncture Coverage Act, which would give federal employees, seniors and the disabled the freedom to choose acupuncture.

Sincerely,

Name/address

If you would like to get more information regarding this bill you can view it at http://thomas.loc.gov/ by searching using the bill number which is HR818.