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.