SUBCHAPTER F. ACUPUNCTURE PRACTICE
Legislative Findings and Purpose
Sec. 6.01. The legislature finds that:
(1) the review and establishment of statewide standards for the training, education, and discipline of persons performing acupuncture are in the public interest; and,
(2) the health, safety, and welfare of the people of this state are best served by an orderly system of regulating the practice of acupuncture.
Definitions
Sec. 6.02. In this subchapter:
(1) "Acudetox specialist" means a person who is certified under this subchapter to practice acupuncture for the limited purpose of treating alcoholism, substance abuse, and chemical dependency.
(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; and
(B) the administration 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) of this subdivision.
(3) "Acupuncturist" means a person who practices acupuncture.
(4) "Acupuncture board" means the Texas State Board of Acupuncture Examiners.
(5) "Chiropractor" means a licensee of the Texas Board of Chiropractic Examiners.
(6) "Executive director" means the executive director of the Texas State Board of Medical Examiners.
(7) "Medical board" means the Texas State Board of Medical Examiners.
(8) "Physician" means a licensee of the Texas State Board of Medical Examiners.
Exemption; Limitation
Sec. 6.03. (a) This subchapter does not apply to a health care professional licensed under another subchapter of this Act or another statute of this state and acting within the scope of the license.
(b) This subchapter does not:
(1) limit the practice of medicine by a physician or permit the unauthorized practice of medicine; or
(2) permit a person to dispense, administer, or supply any controlled substance, narcotic, or dangerous drug if the person is not otherwise authorized by law to do so.
Acupuncture Board
Sec. 6.04. (a) The Texas State Board of Acupuncture Examiners is composed of nine members appointed by the governor as follows:
(1) four acupuncturists who have at least five years of experience in the practice of acupuncture in this state and are not licensed in this state as physicians;
(2) two physicians who are licensed in this state and are experienced in the practice of acupuncture; and
(3) three members of the general public who are not licensed or trained in a health care profession and who represent the public.
(b) A person may not serve on the acupuncture board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the medical board or acupuncture board.
(c) Members of the acupuncture board hold office for staggered terms of six years, with three members' terms expiring January 31 of each odd-numbered year.
(d) The governor shall designate a member of the acupuncture board as the presiding officer of the acupuncture board to serve in that capacity at the pleasure of the governor.
(e) A vacancy on the acupuncture board shall be filled by appointment of the governor.
(f) A member of the acupuncture board may not receive compensation for service on the board but is entitled to receive a per diem as set by legislative appropriation for transportation and related expenses incurred for each day that the member engages in the business of the board.
' 3 >< Text of subsec. (g) as amended by Acts 1997, 75th Leg., ch. 694,
(g) The acupuncture board is subject to the open meetings law, the open records law, and the Administrative Procedure Act and any subsequent amendments except as provided by this Act, and in such event this Act will control.
< Text of subsec. (g) as amended by Acts 1997, 75th Leg., ch. 1170, ' 2 >
(g) A person is not eligible for appointment as a public member of the acupuncture board if the person or the person's spouse:
(1) is registered, certified, or licensed by an occupational regulatory agency in the field of health care;
(2) is employed by or participates in the management of a business entity or other organization regulated by the medical board or receiving funds from the medical board or acupuncture board;
(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the medical board or acupuncture board or receiving funds from the medical board; or
(4) uses or receives a substantial amount of tangible goods, services, or funds from the medical board or acupuncture board, other than compensation or reimbursement authorized by law for the acupuncture board membership, attendance, or expenses.
(h) An officer, employee, or paid consultant of a Texas trade association in the field of health care may not be a member of the acupuncture board or an employee of the medical board who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.
(i) A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of health care may not be a member of the acupuncture board and may not be an employee of the medical board who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.
(j) For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(k) Appointments to the acupuncture board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(l) The acupuncture board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subchapter expires September 1, 2005.
Grounds for Removal From Acupuncture Board
Sec. 6.041. (a) It is a ground for removal from the acupuncture board if a member:
(1) does not have at the time of appointment the qualifications required by Sections 6.04(a) and (g) of this Act;
(2) does not maintain during service on the acupuncture board the qualifications required by Sections 6.04(a) and (g) of this Act;
(3) violates a prohibition established by Section 6.04(b), (h), or (i) of this Act;
(4) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or
(5) is absent from more than half of the regularly scheduled acupuncture board meetings that the member is eligible to attend during a calendar year.
(b) The validity of an action of the acupuncture board is not affected by the fact that it is taken when a ground for removal of an acupuncture board member exists.
(c) If the executive director of the medical board has knowledge that a potential ground for removal of a member of the acupuncture board exists, the executive director shall notify the presiding officer of the acupuncture board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director of the medical board shall notify the next highest officer of the acupuncture board, who shall notify the governor and the attorney general that a potential ground for removal exists.
(d) The executive director of the medical board or the executive director's designee shall provide to members of the acupuncture board, as often as necessary, information regarding their qualification for office under this subchapter and their responsibilities under applicable laws relating to standards of conduct for state officers.
Board Member Training
Sec. 6.042. (a) To be eligible to take office as a member of the acupuncture board, a person appointed to the acupuncture board must complete at least one course of a training program that complies with this section.
(b) The training program must provide information to the person regarding:
(1) the enabling legislation that created the acupuncture board and its policymaking body to which the person is appointed to serve;
(2) the programs operated by the acupuncture board;
(3) the role and functions of the acupuncture board;
(4) the rules of the acupuncture board with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the acupuncture board;
(6) the results of the most recent formal audit of the acupuncture board;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government Code;
(B) open records law, Chapter 552, Government Code; and,
(C) administrative procedure law, Chapter 2001, Government Code;
(8) the requirements of the conflict of interests laws and other laws relating to public officials; and,
(9) any applicable ethics policies adopted by the medical board or the Texas Ethics Commission.
(c) A person appointed to the acupuncture board is entitled to reimbursement for travel expenses incurred in attending the training program, as provided by the General Appropriations Act and as if the person were a member of the acupuncture board.
Powers and Duties of Acupuncture Board
Sec. 6.05. (a) 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 educational 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) make recommendations on applications for licenses to practice acupuncture;
(7) develop and implement policies that provide the public with a reasonable opportunity to appear before the acupuncture board and to speak on any issue under the jurisdiction of the acupuncture board;
(8) establish the requirements for a tutorial program for students who have completed at least 48 semester hours of college;
(9) develop and implement policies that clearly separate the policymaking responsibilities of the acupuncture board and the management responsibilities of the executive director and the staff of the medical board; and,
(10) recommend additional rules as are necessary for the administration and enforcement of this subchapter.
(b) The acupuncture board shall comply with federal and state laws related to program and facility accessibility. The executive director of the medical board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the acupuncture board's programs and services.
(c) Notwithstanding Subsection (a) of this section, the acupuncture board has no independent rulemaking authority.
Public Interest Information; Complaints
Sec. 6.051. (a) The acupuncture board shall prepare information of public interest describing the functions of the acupuncture board and the procedures by which complaints are filed with and resolved by the acupuncture board. The acupuncture board shall make the information available to the public and appropriate state agencies.
(b) The acupuncture board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the acupuncture board for the purpose of directing complaints under this subchapter to the acupuncture board. The acupuncture board may provide for that notification:
(1) on each registration form, application, or written contract for services of an individual or entity regulated under this subchapter;
(2) on a sign prominently displayed in the place of business of each individual or entity regulated under this subchapter; or
(3) in a bill for service provided by an individual or entity regulated under this subchapter.
(c) The acupuncture board shall keep a file about each written complaint filed with the acupuncture board under this subchapter that the acupuncture board has authority to resolve. The acupuncture board shall provide to the person filing the complaint and the persons or entities complained about the acupuncture board's policies and procedures pertaining to complaint investigation and resolution. The acupuncture board, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the persons or entities complained about of the status of the complaint unless the notice would jeopardize an investigation.
(d) The acupuncture board shall keep information about each complaint filed with the acupuncture board under this subchapter. The information shall include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to the complaint;
(5) a summary of the results of the review or investigation of the complaint; and,
(6) for complaints for which the acupuncture board took no action, an explanation of the reason the complaint was closed without action.
License Required
Sec. 6.06. A person may not practice acupuncture in this state unless the person holds a license to practice acupuncture issued by the medical board under this subchapter.
Qualifications of Acupuncturists
Sec. 6.07. (a) An applicant for a license to practice acupuncture who is not otherwise licensed under this subchapter must pass an examination approved by the acupuncture board.
(b) To be eligible for the examination, an applicant must:
(1) be at least 21 years of age;
(2) have completed at least 48 semester hours of college courses, including basic science courses as determined by the advisory board; and
(3) be a graduate of an acceptable acupuncture school whose entrance requirements and course of instruction meet standards set by the acupuncture board.
(c) A reputable acupuncture school must:
(1) maintain a resident course of instruction equivalent to not less than six terms of four months each for a total of not less than 1,800 instructional hours;
(2) provide supervised patient treatment for at least two terms of the resident course of instruction;
(3) maintain a course of instruction in anatomy-histology, bacteriology, physiology, symptomatology, pathology, meridian and point locations, hygiene, and public health; and,
(4) have the necessary teaching force and facilities for proper instruction in required subjects.
(d) In establishing standards for the entrance requirements and course of instruction of an acupuncture school, the acupuncture board may consider the standards set by the National Accreditation Commission for Schools and Colleges of Acupuncture and Oriental Medicine.
(e) The examination shall be conducted on practical and theoretical acupuncture and other subjects required by the acupuncture board.
(f) An application for examination must be:
(1) in writing on a form prescribed by the acupuncture board;
(2) verified by affidavit;
(3) filed with the executive director of the medical board; and,
(4) accompanied by a fee set by the medical board.
(g) The medical board shall notify all applicants of the time and place of the examination.
(h) The examination may be in writing, by a practical demonstration of the applicant's skill, or both, as the acupuncture board may require.
Examination Results
Sec. 6.071. (a) Not later than the 30th day after the date on which a licensing examination is administered under this subchapter, the acupuncture board shall notify each examinee of the results of the examination. However, if an examination is graded or reviewed by a national testing service, the acupuncture board shall notify examinees of the results of the examination not later than the 14th day after the date on which the acupuncture board receives the results from the testing service. If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the acupuncture board shall notify the examinee of the reason for the delay before the 90th day. The acupuncture board may require a testing service to notify examinees of the results of an examination.
(b) If requested in writing by a person who fails a licensing examination administered under this subchapter, the acupuncture board shall furnish the person with an analysis of the person's performance on the examination if an analysis is available from the national testing service.
Temporary License
Sec. 6.075. (a) The acupuncture board may, through the executive director of the medical board, issue a temporary license to an applicant who:
(1) submits an application on a form prescribed by the acupuncture board;
(2) has passed a national or other examination recognized by the acupuncture board relating to the practice of acupuncture;
(3) pays the appropriate fee prescribed by the medical board;
(4) if licensed in another state, the District of Columbia, or a territory of the United States, is in good standing as an acupuncturist; and,
(5) meets all the qualifications for a license under this Act but is waiting for the next scheduled meeting of the medical board for the license to be issued.
(b) A temporary license is 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.
Assistance by Medical Board
Sec. 6.08. The medical board shall provide administrative and clerical employees as necessary to enable the acupuncture board to carry out this subchapter.
Advertising
Sec. 6.085. (a) The medical board may not adopt rules under this subchapter restricting competitive bidding or advertising by a license holder except to prohibit false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive practices, the medical board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the license holder; or
(4) restricts the license holder's advertisement under a trade name.
Fees
Sec. 6.09. (a) The medical board shall set and collect fees in amounts that are reasonable and necessary to cover the costs of administering and enforcing this subchapter without the use of any other funds generated by the medical board.
(b) Fees collected by the medical board under this subchapter shall be deposited by the medical board in the state treasury to the credit of an account in the general revenue fund and may be expended to cover the costs of administering and enforcing this subchapter. At the end of each fiscal biennium, the comptroller shall transfer any surplus money remaining in the account to the general revenue fund.
(c) All money paid to the medical board under this subchapter is subject to Subchapter F, Chapter 404, Government Code.
(d) The medical board shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the medical board under this subchapter during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act.
Issuance and Renewal of License
Sec. 6.10. (a) 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 this subchapter and the rules adopted under this subchapter.
(b) The medical board may waive any prerequisite to obtaining a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds a valid license from another state that has license requirements substantially equivalent to those of this state.
(c) The medical board shall by rule provide for the annual renewal of a license to practice acupuncture.
(d) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the medical board before the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed under the provisions of this section.
(e) If the person's license has been expired for 90 days or less, the person may renew the license by paying to the medical board one and one-half times the required renewal fee.
(f) If the person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the medical board two times the required renewal fee.
(g) If the person's license has been expired for one year or longer, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license.
(h) If the person was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding application, the person may renew an expired license without reexamination. The person must pay to the medical board a fee that is equal to two times the required renewal fee for the license.
(i) At least 30 days before the expiration of a person's license, the medical board shall send written notice of the impending license expiration to the person at the license holder's last known address according to the records of the medical board.
(j) The medical board by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, license fees shall be prorated on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.
License Holder Information
Sec. 6.101. (a) Each license holder shall file with the acupuncture board:
(1) the license holder's mailing address;
(2) the address of the license holder's residence;
(3) the mailing address of each of the license holder's offices; and
(4) the address for the location of each of the license holder's offices if that address is different from the office's mailing address.
(b) A license holder shall:
(1) notify the acupuncture board of a change of the license holder's residence or business address; and
(2) provide the acupuncture board with the license holder's new address not later than the 30th day after the date the address change occurs.
Denial of License; Discipline of License Holder
Sec. 6.11.
< Text of subsec. (a) as amended by Acts 1997, 75th Leg., ch. 694, ' 4 >
(a) A license to practice acupuncture may be denied or, after notice and hearing, disciplinary action may be taken if the applicant for a license or the holder of a license:
(1) intemperately uses drugs or intoxicating liquors to an extent that, in the opinion of the board, could endanger the lives of patients;
(2) obtains or attempts to obtain a license by fraud or deception;
(3) is adjudged mentally incompetent by a court of competent jurisdiction;
(4) fails to practice acupuncture in an acceptable manner consistent with public health and welfare;
(5) violates this subchapter or a rule adopted under this subchapter;
(6) is convicted of a felony or a crime involving moral turpitude or is the subject of deferred adjudication or pretrial diversion for such an offense;
(7) holds himself out as a physician or surgeon or any combination or derivative of those terms unless the person is also licensed by the medical board as a physician or surgeon;
(8) engages in unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public;
(9) commits any act that is in violation of the laws of the State of Texas if the act is connected with the licensee's practice of acupuncture; a complaint, indictment, or conviction of a law violation is not necessary for the enforcement of this provision; and proof of the commission of the act while in the practice of acupuncture or under the guise of the practice of acupuncture is sufficient for action by the board under this section;
(10) fails to supervise adequately the activities of persons acting under the supervision of the licensee;
(11) aids or abets, directly or indirectly, the practice of acupuncture by any person not duly licensed to practice acupuncture by the board;
(12) is unable to practice acupuncture with reasonable skill and with safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;
(13) has repeated or recurring meritorious health-care liability claims that in the opinion of the board evidence professional incompetence likely to injure the public;
(14) has had a license to practice acupuncture suspended, revoked, or restricted by another state or has been subject to other disciplinary action by another state or by the uniformed services of the United States regarding practice as an acupuncturist; a certified copy of the record of the state or uniformed service taking the action is conclusive evidence of it; or
(15) through the licensee's practice as an acupuncturist, sexually abuses or exploits another person.
< Text of subsec. (a) as amended by Acts 1997, 75th Leg., ch. 1170, ' 9 >
(a) A license to practice acupuncture may be denied or, after notice and hearing, suspended, probated, or revoked if the applicant for a license or the holder of a license:
(1) uses drugs or intoxicating liquors to an extent that affects the person's professional competence;
(2) obtains or attempts to obtain a license by fraud or deception;
(3) has been adjudged mentally incompetent by a court of competent jurisdiction or has a mental or physical condition that renders the person unable to perform safely as an acupuncturist;
(4) has practiced acupuncture in a manner detrimental to the public health and welfare;
(5) violates this subchapter or a rule adopted under this subchapter;
(6) has been convicted of a felony or a crime involving moral turpitude;
(7) holds the person out as a physician or surgeon or any combination or derivative of those terms unless the person is also licensed by the medical board as a physician or surgeon;
(8) fraudulently or deceptively uses a license;
(9) has acted in an unprofessional or dishonorable manner that is likely to deceive, defraud, or injure a member of the public;
(10) has committed an act in violation of state law if the act is connected with the person's practice as an acupuncturist; or
(11) has had the person's license suspended, revoked, or restricted, has had other disciplinary action taken by another state regarding the person's practice as an acupuncturist, or has had disciplinary action taken against the person by the uniformed services of the United States based on acts by the license holder similar to acts described in this section.
(b) A complaint, indictment, or conviction of a law violation is not necessary for the enforcement of Subsection (a)(10) of this section. Proof of the commission of the act while in practice as an acupuncturist or under the guise of practice as an acupuncturist is sufficient for action by the medical board under this section.
(c) A certified copy of the record of the state or uniformed services of the United States taking the action is conclusive evidence of the action under Subsection (a)(11) of this section.
(d) to (g) Redesignated as ' 6.115 by Acts 1997, 75th Leg., ch. 1170, ' 9, eff. Sept. 1, 1997.
(h) Disciplinary action shall be by an order of the board and shall include one or more of the following:
(1) deny the person's application for a license or other authorization to practice acupuncture;
(2) administer a public reprimand;
(3) suspend, limit, or restrict the person's license or other authorization to practice acupuncture, including limiting the practice of the person to, or excluding from the practice, one or more specified activities of acupuncture or stipulating periodic board review;
(4) revoke the person's license or other authorization to practice acupuncture;
(5) require the person to submit to the care, counseling, or treatment of health practitioners designated by the board as a condition for the issuance, continuance, or renewal of a license or other authorization to practice acupuncture;
(6) require the person to participate in a program of education or counseling prescribed by the board;
(7) require the person to practice under the direction of an acupuncturist designated by the board for a specified period of time;
(8) require the person to perform public service considered appropriate by the board; or
(9) assess an administrative penalty against the person as provided by Section 4.125 of this Act.
Scope of Practice
Sec. 6.115. (a) Except as provided by Subsection (b) of this section, a license to practice acupuncture shall be denied or, after notice and hearing, revoked if the holder of a license has performed acupuncture on a person who was not evaluated by a physician or dentist, as appropriate, for the condition being treated within six months before the date acupuncture was performed.
(b) The holder of a license may perform acupuncture on a person who was referred by a doctor licensed to practice chiropractic by the Texas Board of Chiropractic Examiners if the licensee commences the treatment within 30 days of the date of the referral. The licensee shall refer the person to a physician after performing acupuncture 20 times or for 30 days, whichever occurs first, if no substantial improvement occurs in the person's condition for which the referral was made.
(c) The holder of a license must obtain reasonable documentation that the evaluation required by Subsection (a) of this section has taken place. If the licensee is unable to determine that an evaluation has taken place, the licensee must obtain a written statement signed by the person on a form prescribed by the acupuncture board that states that the person has been evaluated by a physician within the prescribed time frame. The form shall contain a clear statement that the person should be evaluated by a physician for the condition being treated by the licensee.
(d) The medical board with advice from the acupuncture board by rule may modify the requirement of the time frame or the scope of the evaluation under Subsection (a) of this section.
(e) The medical board with advice from the acupuncture board by rule may modify the requirement of the time frame for commencement of treatment after referral by a chiropractor or the number of treatments or days before referral to a physician is required under Subsection (b) of this section.
(f) Notwithstanding Subsections (a) and (b) of this section, an acupuncturist holding a current and valid license may without a referral from a physician, dentist, or chiropractor perform acupuncture on a person for smoking addiction, weight loss, or, as established by the medical board with advice from the acupuncture board by rule, substance abuse.
Additional Disciplinary Authority
Sec. 6.116. In addition to the authority under Section 6.11 of this Act, the acupuncture board, on finding that an acupuncturist has committed an offense described in Section 6.11 of this Act, may:
(1) require the acupuncturist to submit to the care, counseling, or treatment of a health care practitioner designated by the acupuncture board;
(2) stay enforcement of an order and place the acupuncturist on probation with the acupuncture board retaining the right to vacate the probationary stay and enforce the original order for noncompliance with the terms of probation or impose any other remedial measure or sanction authorized by this section;
(3) restore or reissue a license or remove any disciplinary or corrective measure that the acupuncture board may have imposed;
(4) order the acupuncturist to perform public service;
(5) limit the acupuncturist's practice to the areas prescribed by the acupuncture board;
(6) require an acupuncturist to report regularly to the acupuncture board on matters that are the basis of the probation; or
(7) continue or review professional education until the practitioner attains a degree of skill satisfactory to the acupuncture board in those areas that are the basis of the probation.
Suspension, Revocation, or Nonrenewal of License
Sec. 6.117. If the medical board proposes to suspend, revoke, or refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings. Proceedings for a disciplinary action are governed by the administrative procedure law, Chapter 2001, Government Code. Rules of practice adopted by the medical board under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.
Acudetox Specialist
' 2 >< Text of section as added by Acts 1997, 75th Leg., ch. 626,
Sec. 6.118. (a) The medical board may certify a person as an acudetox specialist under this section if the person:
(1) provides to the medical board documentation that the person is a certified social worker, a licensed professional counselor, a licensed psychologist, a licensed chemical dependency counselor, or a licensed registered nurse;
(2) provides to the medical board documentation that the person has successfully completed a training program in acupuncture detoxification which meets guidelines approved by the medical board; and
(3) pays a certification fee in an amount set by the medical board.
(b) The medical board may annually renew the certification of a person certified as an acudetox specialist under this section if the person:
(1) provides to the medical board documentation that the certification or license required under Subsection (a)(1) of this section is valid;
(2) provides to the medical board documentation that the person has successfully met continuing education requirements established by the board, which shall, at a minimum, include six hours of education in the practice of acupuncture and either a course in clean needle technique or a course in universal infection control precaution procedures; and
(3) pays a certification renewal fee in an amount set by the medical board.
(c) An acudetox specialist certified under this section shall practice acupuncture only to the extent allowed by rules adopted by the medical board for the treatment of alcoholism, substance abuse, or chemical dependency, and under the supervision of a licensed acupuncturist or of a physician.
(d) A program that includes the services of an acudetox specialist shall:
(1) notify each participant in the program of the qualifications of the acudetox specialist and of the procedure for registering a complaint regarding the acudetox specialist with the medical board; and
(2) keep a record of each client's name, the date the client received the acudetox specialist's services, and the name, signature, and certification number of the acudetox specialist.
Rehabilitation Order
< Text of section as added by Acts 1997, 75th Leg., ch. 1170, ' 10 >
Sec. 6.118. (a) The acupuncture board, through an agreed order or after a contested proceeding, may impose a nondisciplinary rehabilitation order on any licensee or, as a prerequisite for issuing a license, on any licensure applicant based on one or more of the following:
(1) intemperate use of drugs or alcohol directly resulting from habituation or addiction caused by medical care or treatment provided by a physician;
(2) self-reported intemperate use of drugs or alcohol during the last five years immediately preceding the report which could adversely affect the reporter's ability to safely practice as an acupuncturist, but only if the reporting individual has not previously been the subject of a substance abuse related order of the acupuncture board;
(3) judgment by a court of competent jurisdiction that the individual is of unsound mind; or
(4) results from a mental or physical examination, or admissions by the individual, indicating that the licensee or applicant suffers from a potentially dangerous limitation or an inability to safely practice as an acupuncturist with reasonable skill and safety by reason of illness or as a result of any physical or mental condition.
(b) A rehabilitation order entered pursuant to this section shall be a nondisciplinary private order and shall contain findings of fact and conclusions of law. A rehabilitation order, if entered by agreement, shall be an agreed disposition or settlement agreement for purposes of civil litigation and shall be exempt from the open records law.
(c) A rehabilitation order entered pursuant to this section may impose a revocation, cancellation, suspension, period of probation or restriction, or any other terms and conditions authorized under this Act or as otherwise agreed to by the acupuncture board and the individual subject to the order.
(d) Violation of a rehabilitation order entered pursuant to this section may result in disciplinary action under the provisions of this Act for contested matters or pursuant to the terms of the agreed order. A violation of a rehabilitation order may be grounds for disciplinary action based on unprofessional or dishonorable conduct or on any of the provisions of this Act which may apply to the misconduct which resulted in violation of the rehabilitation order.
(e) The rehabilitation orders entered pursuant to this section shall be kept in a confidential file which shall be subject to an independent audit by state auditors or private auditors contracted with by the acupuncture board to perform such an audit. Audits may be performed at any time at the direction of the acupuncture board but shall be performed at least once every three years. The audit results shall be reported in a manner that maintains the confidentiality of all licensees who are subject to rehabilitation orders and shall be a public record. The audit shall be for the purposes of ensuring that only qualified licensees are subject to rehabilitation orders.
Offense
Sec. 6.12. (a) A person commits an offense if the person violates Section 6.06 of this Act.
(b) An offense under Subsection (a) of this section is a felony of the third degree.
(c) Each day of a violation constitutes a separate offense.
Subpoenas
Sec. 6.125. (a) On behalf of the acupuncture board, the executive director of the medical board or the presiding officer of the acupuncture board may issue a subpoena or subpoena duces tecum for purposes of:
(1) investigations or contested proceedings related to:
(A) alleged misconduct by an acupuncturist; or
(B) an alleged violation of this Act or other law related to practice as an acupuncturist or to the provision of health care under the authority of this Act;
(2) a determination whether to issue, suspend, restrict, revoke, or cancel a license authorized by this subchapter; and
(3) a determination whether to deny or grant an application for a license under this subchapter.
(b) Failure to timely comply with a subpoena issued under this section is a ground for:
(1) disciplinary action by the acupuncture board or any other licensing or regulatory agency with jurisdiction over the individual or entity subject to the subpoena; and
(2) denial of a license application.
Injunctive Relief; Civil Penalty
Sec. 6.13. (a) The medical board, the attorney general, or a district or county attorney may bring a civil action to compel compliance with this subchapter or to enforce a rule adopted under this subchapter.
(b) In addition to injunctive relief or any other remedy provided by law, a person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty in an amount not to exceed $2,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a civil penalty. The attorney general, at the request of the medical board or on the attorney general's own initiative, may bring a civil action to collect a civil penalty under this subsection. A civil penalty recovered shall be deposited to the credit of the general revenue fund.