CHAPTER 205. ACUPUNCTURE
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES
CHAPTER 205. ACUPUNCTURE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Acudetox specialist" means a person certified under Section
205.303.
(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 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).
(3) "Acupuncture board" means the Texas State Board of
Acupuncture Examiners.
(4) "Acupuncturist" means a person who:
(A) practices acupuncture; and
(B) directly or indirectly charges a fee for the performance of
acupuncture services.
(5) "Chiropractor" means a person licensed to practice
chiropractic by the Texas Board of Chiropractic Examiners.
(6) "Executive director" means the executive director of the
Texas Medical Board.
(7) "Medical board" means the Texas Medical Board.
(8) "Physician" means a person licensed to practice medicine by
the Texas Medical Board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 719, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.01, eff. September 1, 2005.
Sec. 205.003. EXEMPTION; LIMITATION. (a) This chapter does not
apply to a health care professional licensed under another
statute of this state and acting within the scope of the license.
(b) This chapter does not:
(1) limit the practice of medicine by a physician;
(2) permit the unauthorized practice of medicine; or
(3) permit a person to dispense, administer, or supply a
controlled substance, narcotic, or dangerous drug unless the
person is authorized by other law to do so.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TEXAS STATE BOARD OF ACUPUNCTURE EXAMINERS
Sec. 205.051. BOARD; MEMBERSHIP. (a) The Texas State Board of
Acupuncture Examiners consists of nine members appointed by the
governor with the advice and consent of the senate as follows:
(1) four acupuncturist members who have at least five years of
experience in the practice of acupuncture in this state and who
are not physicians;
(2) two physician members 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.
(b) Appointments to the acupuncture board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.02, eff. September 1, 2005.
Sec. 205.052. PUBLIC MEMBER ELIGIBILITY. 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;
(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
acupuncture board membership, attendance, or expenses; or
(5) owns, operates, or has a financial interest in a school of
acupuncture.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.056(a), eff.
Sept. 1, 2001.
Sec. 205.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide 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.
(b) An officer, board member, 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 A17, of the
position classification salary schedule.
(c) A person may not be a member of the acupuncture board and
may not be a medical board employee in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care.
(d) A person may not be a member of the acupuncture board or act
as general counsel to the acupuncture board or the medical 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.
(e) A person may not serve on the acupuncture board if the
person owns, operates, or has a financial interest in a school of
acupuncture.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.056(b), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.03, eff. September 1, 2005.
Sec. 205.054. TERMS; VACANCIES. (a) Members of the acupuncture
board serve staggered six-year terms. The terms of three members
expire on January 31 of each odd-numbered year.
(b) A vacancy on the acupuncture board shall be filled by
appointment of the governor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.055. PRESIDING OFFICER. The governor shall designate
an acupuncturist member of the acupuncture board as presiding
officer. The presiding officer serves in that capacity at the
will of the governor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.04, eff. September 1, 2005.
Sec. 205.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the acupuncture board that a member:
(1) does not have at the time of appointment the qualifications
required by Sections 205.051 and 205.052;
(2) does not maintain during service on the acupuncture board
the qualifications required by Sections 205.051 and 205.052;
(3) violates a prohibition established by Section 205.053;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; 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 has knowledge that a potential
ground for removal of an acupuncture board member 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
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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.057. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the acupuncture board may not
vote, deliberate, or be counted as a member in attendance at a
meeting of the acupuncture board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the acupuncture board;
(3) the role and functions of the acupuncture board;
(4) the rules of the acupuncture board;
(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 laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(8) any applicable ethics policies adopted by the acupuncture
board or the Texas Ethics Commission.
(c) A person appointed to the acupuncture board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.05, eff. September 1, 2005.
Sec. 205.058. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide, as often as necessary, to members of the
acupuncture board information regarding their:
(1) qualifications for office under this chapter; and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.059. COMPENSATION; PER DIEM. An acupuncture board
member may not receive compensation for service on the
acupuncture 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 acupuncture
board's business.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.060. APPLICATION OF OPEN MEETINGS, OPEN RECORDS, AND
ADMINISTRATIVE PROCEDURE LAWS. Except as provided by this
chapter, the acupuncture board is subject to Chapters 551, 552,
and 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. POWERS AND DUTIES OF ACUPUNCTURE BOARD AND MEDICAL
BOARD
Sec. 205.101. GENERAL POWERS AND DUTIES OF ACUPUNCTURE BOARD.
(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 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
(8) 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) The acupuncture board shall:
(1) 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.06, eff. September 1, 2005.
Sec. 205.102. ASSISTANCE BY MEDICAL BOARD. (a) The medical
board shall provide administrative and clerical employees as
necessary to enable the acupuncture board to administer this
chapter.
(b) Subject to the advice and approval of the medical board, the
acupuncture board shall develop and implement policies that
clearly separate the policy-making responsibilities of the
acupuncture board and the management responsibilities of the
executive director and the staff of the medical board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.103. FEES. The medical board shall set and collect
fees in amounts that are reasonable and necessary to cover the
costs of administering and enforcing this chapter without the use
of any other funds generated by the medical board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.104. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The medical board may not adopt rules under this
chapter restricting advertising or competitive bidding 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.1041. GUIDELINES FOR EARLY INVOLVEMENT IN RULEMAKING
PROCESS. (a) The acupuncture board shall develop guidelines to
establish procedures for receiving input during the rulemaking
process from individuals and groups that have an interest in
matters under the acupuncture board's jurisdiction. The
guidelines must provide an opportunity for those individuals and
groups to provide input before the acupuncture board submits the
rule to the medical board for approval.
(b) A rule adopted by the acupuncture board may not be
challenged on the grounds that the board did not comply with this
section. If the acupuncture board was unable to solicit a
significant amount of input from the public or affected persons
early in the rulemaking process, the board shall state in writing
the reasons why the board was unable to do so.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.07, eff. September 1, 2005.
Sec. 205.1045. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
The acupuncture board shall adopt rules and guidelines as
necessary to comply with Chapter 53, except to the extent the
requirements of this chapter are stricter than the requirements
of Chapter 53.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.08, eff. September 1, 2005.
Sec. 205.105. ANNUAL REPORT. (a) 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 chapter during the preceding fiscal year.
(b) The annual report must meet the reporting requirements
applicable to financial reporting provided in the General
Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.106. USE OF TECHNOLOGY. Subject to the advice and
approval of the medical board, the acupuncture board shall
implement a policy requiring the acupuncture board to use
appropriate technological solutions to improve the acupuncture
board's ability to perform its functions. The policy must ensure
that the public is able to interact with the acupuncture board on
the Internet.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.09, eff. September 1, 2005.
Sec. 205.107. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION POLICY. (a) Subject to the advice and approval of
the medical board, the acupuncture board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of acupuncture board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the acupuncture board's
jurisdiction.
(b) The acupuncture board procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The acupuncture board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the acupuncture board.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.10, eff. September 1, 2005.
SUBCHAPTER D. PUBLIC ACCESS AND INFORMATION AND COMPLAINT
PROCEDURES
Sec. 205.151. PUBLIC INTEREST INFORMATION. (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.
(b) The acupuncture board shall make the information available
to the public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.152. COMPLAINTS. (a) 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 a complaint
to the acupuncture board. The acupuncture board may provide for
that notification:
(1) on each registration form, application, or written contract
for services of a person regulated under this chapter;
(2) on a sign prominently displayed in the place of business of
each person regulated under this chapter; or
(3) in a bill for service provided by a person regulated under
this chapter.
(b) The acupuncture board shall keep information about each
complaint filed with the acupuncture board. 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 a complaint for which the acupuncture board took no
action, an explanation of the reason the complaint was closed
without action.
(c) The acupuncture board shall keep a file about each written
complaint filed with the acupuncture board that the acupuncture
board has authority to resolve. The acupuncture board shall
provide to the person filing the complaint and each person who is
the subject of the complaint the acupuncture board's policies and
procedures pertaining to complaint investigation and resolution.
(d) The acupuncture board, at least quarterly and until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is the subject of the complaint of
the status of the complaint unless the notice would jeopardize an
investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.1521. CONDUCT OF INVESTIGATION. The acupuncture board
shall complete a preliminary investigation of a complaint
received by the acupuncture board not later than the 30th day
after the date of receiving the complaint. The acupuncture board
shall first determine whether the acupuncturist constitutes a
continuing threat to the public welfare. On completion of the
preliminary investigation, the acupuncture board shall determine
whether to officially proceed on the complaint. If the
acupuncture board fails to complete the preliminary investigation
in the time required by this section, the acupuncture board's
official investigation of the complaint is considered to commence
on that date.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.11, eff. September 1, 2005.
Sec. 205.153. PUBLIC PARTICIPATION. (a) Subject to the advice
and approval of the medical board, the acupuncture board shall
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 acupuncture board's jurisdiction.
(b) The executive director shall prepare and maintain a written
plan that describes how a person who does not speak English may
be provided reasonable access to the acupuncture board's programs
and services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. LICENSE REQUIREMENTS
Sec. 205.201. LICENSE REQUIRED. Except as provided by Section
205.303, a person may not practice acupuncture in this state
unless the person holds a license to practice acupuncture issued
by the acupuncture board under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.12, eff. September 1, 2005.
Sec. 205.202. ISSUANCE OF LICENSE. (a) The acupuncture board
shall issue a license to practice acupuncture in this state to a
person who meets the requirements of this chapter and the rules
adopted under this chapter.
(b) The acupuncture board may delegate authority to medical
board employees to issue licenses under this chapter to
applicants who clearly meet all licensing requirements. If the
medical board employees determine that the applicant does not
clearly meet all licensing requirements, the application shall be
returned to the acupuncture board. A license issued under this
subsection does not require formal acupuncture board approval.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.13, eff. September 1, 2005.
Sec. 205.203. LICENSE EXAMINATION. (a) An applicant for a
license to practice acupuncture must pass an acupuncture
examination and a jurisprudence examination approved by the
acupuncture board as provided by this section.
(b) To be eligible for the examination, an applicant must:
(1) be at least 21 years of age;
(2) have completed at least 60 semester hours of college
courses, including basic science courses as determined by the
acupuncture board; and
(3) be a graduate of an acupuncture school with entrance
requirements and a course of instruction that meet standards set
under Section 205.206.
(c) The acupuncture examination shall be conducted on practical
and theoretical acupuncture and other subjects required by the
acupuncture board.
(c-1) The jurisprudence examination shall be conducted on the
licensing requirements and other laws, rules, or regulations
applicable to the professional practice of acupuncture in this
state.
(d) The examination may be in writing, by a practical
demonstration of the applicant's skill, or both, as required by
the acupuncture board.
(e) The medical board shall notify each applicant of the time
and place of the examination.
(f) The acupuncture board shall adopt rules for the
jurisprudence examination under Subsection (c-1) regarding:
(1) the development of the examination;
(2) applicable fees;
(3) administration of the examination;
(4) reexamination procedures;
(5) grading procedures; and
(6) notice of results.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.057(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.14, eff. September 1, 2005.
Sec. 205.204. APPLICATION FOR EXAMINATION. 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; and
(4) accompanied by a fee in an amount set by the medical board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.2045. APPEARANCE OF APPLICANT BEFORE ACUPUNCTURE BOARD.
An applicant for a license to practice acupuncture may not be
required to appear before the acupuncture board or a committee of
the acupuncture board unless the application raises questions
concerning:
(1) a physical or mental impairment of the applicant;
(2) a criminal conviction of the applicant; or
(3) revocation of a professional license held by the applicant.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.057(b), eff.
Sept. 1, 2001.
Sec. 205.205. EXAMINATION RESULTS. (a) Not later than the 30th
day after the date a licensing examination is administered under
this chapter, the acupuncture board shall notify each examinee of
the results of the examination. 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 the acupuncture board
receives the results from the testing service.
(b) 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.
(c) If requested in writing by a person who fails a licensing
examination administered under this chapter, 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.206. ACUPUNCTURE SCHOOLS. (a) A reputable acupuncture
school, in addition to meeting standards set by the acupuncture
board, 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.
(b) 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.
(c) In addition to the other requirements of this section, an
acupuncture school or degree program is subject to approval by
the Texas Higher Education Coordinating Board unless the school
or program qualifies for an exemption under Section 61.303,
Education Code.
(d) In reviewing an acupuncture school or degree program as
required by Subsection (c), the Texas Higher Education
Coordinating Board shall seek input from the acupuncture board
regarding the standards to be used for assessing whether a school
or degree program adequately prepares an individual for the
practice of acupuncture.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.15, eff. September 1, 2005.
Sec. 205.207. RECIPROCAL LICENSE. The medical board may waive
any license requirement for an applicant after reviewing the
applicant's credentials and determining that the applicant holds
a license from another state that has license requirements
substantially equivalent to those of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.208. TEMPORARY LICENSE. (a) The acupuncture board
may, through the executive director, issue a temporary license to
practice acupuncture 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;
(4) if licensed in another state, is in good standing as an
acupuncturist; and
(5) meets all the qualifications for a license under this
chapter 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 after the date
issued and may be extended only for another 30 days after the
date the initial temporary license expires.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. LICENSE RENEWAL
Sec. 205.251. ANNUAL RENEWAL REQUIRED. (a) The medical board
by rule shall provide for the annual renewal of a license to
practice acupuncture.
(b) 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.252. NOTICE OF LICENSE EXPIRATION. Not later than the
30th day before the expiration date of a person's license, the
medical board shall send written notice of the impending license
expiration to the person at the person's last known address
according to the records of the medical board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.253. PROCEDURE FOR RENEWAL. (a) 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 this section or Section
205.254.
(b) 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 a fee in an amount equal to one and one-half times the
required renewal fee.
(c) 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 a fee in an amount equal to two times
the required renewal fee.
(d) 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.254. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The medical board may renew without
reexamination the license of a person who was licensed to
practice acupuncture 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.
(b) The person must pay to the medical board a fee in an amount
equal to two times the required renewal fee for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.255. CONTINUING EDUCATION. (a) The acupuncture board
by rule may require a license holder to complete a certain number
of hours of continuing education courses approved by the
acupuncture board to renew a license.
(a-1) The acupuncture board shall establish written guidelines
for granting continuing education credit that specify:
(1) procedural requirements;
(2) the qualifications needed to be considered a preferred
provider of continuing education; and
(3) course content requirements.
(b) The acupuncture board shall consider the approval of a
course conducted by:
(1) a knowledgeable health care provider; or
(2) a reputable school, state, or professional organization.
(c) After guidelines are established under Subsection (a-1), the
acupuncture board shall delegate to medical board employees the
authority to approve course applications for courses that clearly
meet the guidelines. Medical board employees shall refer any
courses that are not clearly within the guidelines to the
acupuncture board for review and approval.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.058(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.16, eff. September 1, 2005.
SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
Sec. 205.301. REFERRAL BY OTHER HEALTH CARE PRACTITIONER
REQUIRED. (a) A license holder may perform acupuncture on a
person only if the person was:
(1) evaluated by a physician or dentist, as appropriate, for the
condition being treated within 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 or dentist within the prescribed time. The form
must contain a clear statement that the person should be
evaluated by a physician or dentist for the condition being
treated by the license holder.
(c) A license holder acting under Subsection (a)(2) shall refer
the person to a physician after performing acupuncture 20 times
or for 30 days, whichever occurs first, if substantial
improvement does not occur in the person's condition for which
the referral was made.
(d) The medical board, with advice from the acupuncture board,
by rule may modify:
(1) the scope of the evaluation under Subsection (a)(1);
(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).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.302. AUTHORIZED PRACTICE WITHOUT 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 a referral from a physician, dentist, 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 719, Sec. 2, eff. Sept. 1,
2001.
Sec. 205.303. ACUDETOX SPECIALIST. (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:
(A) is a licensed social worker, licensed professional
counselor, licensed psychologist, licensed chemical dependency
counselor, licensed vocational nurse, or licensed registered
nurse; and
(B) has successfully completed a training program in acupuncture
detoxification that meets guidelines approved by the medical
board; and
(2) pays a certification fee in an amount set by the medical
board.
(b) An acudetox specialist may practice acupuncture only:
(1) to the extent allowed by rules adopted by the medical board
for the treatment of alcoholism, substance abuse, or chemical
dependency; and
(2) under the supervision of a licensed acupuncturist or
physician.
(c) 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.
(d) The medical board may annually renew the certification of an
acudetox specialist under this section if the person:
(1) provides to the medical board documentation that:
(A) the certification or license required under Subsection
(a)(1)(A) is in effect; and
(B) the person has successfully met continuing education
requirements established by the medical board under Subsection
(e); and
(2) pays a certification renewal fee in an amount set by the
medical board.
(e) The medical board shall establish continuing education
requirements for an acudetox specialist that, at a minimum,
include six hours of education in the practice of acupuncture and
a course in either clean needle technique or universal infection
control precaution procedures.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.059(a), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 892, Sec. 33, eff. Sept.
1, 2003.
Sec. 205.304. PROFESSIONAL REVIEW ACTION. Sections 160.002,
160.003, 160.006, 160.007(d), 160.013, 160.014, and 160.015 apply
to professional review actions relating to the practice of
acupuncture by an acupuncturist or acupuncturist student.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.060, eff.
Sept. 1, 2001.
Sec. 205.305. LICENSE HOLDER INFORMATION. (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 office of the license holder;
and
(4) the address for the location of each office of the license
holder that has an address 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER H. DISCIPLINARY PROCEDURES
Sec. 205.351. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION.
(a) A license to practice acupuncture may be denied or, after
notice and hearing, a license holder may be subject to
disciplinary action under Section 205.352 if the license
applicant or license holder:
(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) has been adjudged mentally incompetent by a court;
(4) has a mental or physical condition that renders the person
unable to perform safely as an acupuncturist;
(5) fails to practice acupuncture in an acceptable manner
consistent with public health and welfare;
(6) violates this chapter or a rule adopted under this chapter;
(7) has been convicted of a crime involving moral turpitude or a
felony or is the subject of deferred adjudication or pretrial
diversion for such an offense;
(8) 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;
(9) fraudulently or deceptively uses a license;
(10) engages in unprofessional or dishonorable conduct that is
likely to deceive, defraud, or injure a member of the public;
(11) commits an act in violation of state law if the act is
connected with the person's practice as an acupuncturist;
(12) fails to adequately supervise the activities of a person
acting under the supervision of the license holder;
(13) directly or indirectly aids or abets the practice of
acupuncture by any person not licensed to practice acupuncture by
the acupuncture board;
(14) is unable to practice acupuncture with reasonable skill and
with safety to patients because of illness, drunkenness, or
excessive use of drugs, narcotics, chemicals, or any other type
of material or because of any mental or physical condition;
(15) is the subject of repeated or recurring meritorious
health-care liability claims that in the opinion of the
acupuncture board evidence professional incompetence likely to
injure the public;
(16) 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; or
(17) sexually abuses or exploits another person through the
license holder's practice as an acupuncturist.
(b) If the acupuncture 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.
(c) A complaint, indictment, or conviction of a violation of law
is not necessary for an action under Subsection (a)(11). 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 acupuncture board.
(d) A certified copy of the record of the state or uniformed
services of the United States taking an action is conclusive
evidence of the action for purposes of Subsection (a)(16).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.17, eff. September 1, 2005.
Sec. 205.352. DISCIPLINARY POWERS OF ACUPUNCTURE BOARD. (a) On
finding that grounds exist to deny a license or take disciplinary
action against a license holder, the acupuncture board by order
may:
(1) deny the person's application for a license, license
renewal, or certificate to practice acupuncture or revoke the
person's license or certificate to practice acupuncture;
(2) require the person to submit to the care, counseling, or
treatment of a health care practitioner designated by the
acupuncture board as a condition for the issuance, continuance,
or renewal of a license or certificate to practice acupuncture;
(3) require the person to participate in a program of education
or counseling prescribed by the acupuncture board;
(4) suspend, limit, or restrict the person's license or
certificate 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
review by the acupuncture board;
(5) require the person to practice under the direction of an
acupuncturist designated by the acupuncture board for a specified
period of time;
(6) assess an administrative penalty against the person as
provided by Subchapter J;
(7) require the person to perform public service considered
appropriate by the acupuncture board;
(8) stay enforcement of an order and place the person 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;
(9) require the person to continue or review professional
education until the person attains a degree of skill satisfactory
to the acupuncture board in those areas that are the basis of the
probation under Subdivision (8);
(10) require the person to report regularly to the acupuncture
board on matters that are the basis of the probation under
Subdivision (8); or
(11) administer a public reprimand.
(b) The acupuncture board may reinstate or reissue a license or
remove any disciplinary or corrective measure that the
acupuncture board has imposed under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.18, eff. September 1, 2005.
Sec. 205.3522. SURRENDER OF LICENSE. (a) The acupuncture board
may accept the voluntary surrender of a license.
(b) A surrendered license may not be returned to the license
holder unless the acupuncture board determines, under acupuncture
board rules, that the former holder of the license is competent
to resume practice.
(c) The acupuncture board shall recommend rules to the medical
board for determining the competency of a former license holder
to return to practice.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.19, eff. September 1, 2005.
Sec. 205.3523. PHYSICAL OR MENTAL EXAMINATION. (a) The
acupuncture board shall adopt guidelines, in conjunction with
persons interested in or affected by this section, to enable the
board to evaluate circumstances in which an acupuncturist or
applicant may be required to submit to an examination for mental
or physical health conditions, alcohol and substance abuse, or
professional behavior problems.
(b) The acupuncture board shall refer an acupuncturist or
applicant with a physical or mental health condition to the most
appropriate medical specialist. The acupuncture board may not
require an acupuncturist or applicant to submit to an examination
by a physician having a specialty specified by the board unless
medically indicated. The acupuncture board may not require an
acupuncturist or applicant to submit to an examination to be
conducted an unreasonable distance from the person's home or
place of business unless the acupuncturist or applicant resides
and works in an area in which there are a limited number of
physicians able to perform an appropriate examination.
(c) The guidelines adopted under this section do not impair or
remove the acupuncture board's power to make an independent
licensing decision.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.20, eff. September 1, 2005.
Sec. 205.354. RULES FOR DISCIPLINARY PROCEEDINGS. 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.3541. INFORMAL PROCEEDINGS. (a) The acupuncture board
by rule shall adopt procedures governing:
(1) informal disposition of a contested case under Section
2001.056, Government Code; and
(2) informal proceedings held in compliance with Section
2001.054, Government Code.
(b) Rules adopted under this section must require that:
(1) an informal meeting in compliance with Section 2001.054,
Government Code, be scheduled not later than the 180th day after
the date the complaint is filed with the acupuncture board,
unless good cause is shown by the acupuncture board for
scheduling the informal meeting after that date;
(2) the acupuncture board give notice to the license holder of
the time and place of the meeting not later than the 30th day
before the date the meeting is held;
(3) the complainant and the license holder be provided an
opportunity to be heard;
(4) at least one of the acupuncture board members participating
in the informal meeting as a panelist be a member who represents
the public;
(5) the acupuncture board's legal counsel or a representative of
the attorney general be present to advise the acupuncture board
or the medical board's staff; and
(6) an employee of the medical board be at the meeting to
present to the acupuncture board's representative the facts the
medical board staff reasonably believes it could prove by
competent evidence or qualified witnesses at a hearing.
(c) An affected acupuncturist is entitled, orally or in writing,
to:
(1) reply to the staff's presentation; and
(2) present the facts the acupuncturist reasonably believes the
acupuncturist could prove by competent evidence or qualified
witnesses at a hearing.
(d) After ample time is given for the presentations, the
acupuncture board panel shall recommend that the investigation be
closed or shall attempt to mediate the disputed matters and make
a recommendation regarding the disposition of the case in the
absence of a hearing under applicable law concerning contested
cases.
(e) If the license holder has previously been the subject of
disciplinary action by the acupuncture board, the acupuncture
board shall schedule the informal meeting as soon as practicable
but not later than the deadline prescribed by Subsection (b)(1).
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.21, eff. September 1, 2005.
Sec. 205.3542. ACUPUNCTURE BOARD REPRESENTATION IN INFORMAL
PROCEEDINGS. (a) In an informal proceeding under Section
205.3541, at least two panelists shall be appointed to determine
whether an informal disposition is appropriate.
(b) Notwithstanding Subsection (a) and Section 205.3541(b)(4),
an informal proceeding may be conducted by one panelist if the
affected acupuncturist waives the requirement that at least two
panelists conduct the informal proceeding. If the acupuncturist
waives that requirement, the panelist may be any member of the
acupuncture board.
(c) The panel requirements described by Subsection (a) apply to
an informal proceeding conducted by the acupuncture board under
Section 205.3541, including a proceeding to:
(1) consider a disciplinary case to determine if a violation has
occurred; or
(2) request modification or termination of an order.
(d) The panel requirements described by Subsection (a) do not
apply to an informal proceeding conducted by the acupuncture
board under Section 205.3541 to show compliance with an order of
the acupuncture board.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.22, eff. September 1, 2005.
Sec. 205.3543. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN
INFORMAL PROCEEDINGS. (a) An acupuncture board member that
serves as a panelist at an informal meeting under Section
205.3541 shall make recommendations for the disposition of a
complaint or allegation. The member may request the assistance
of a medical board employee at any time.
(b) Medical board employees shall present a summary of the
allegations against the affected acupuncturist and of the facts
pertaining to the allegation that the employees reasonably
believe may be proven by competent evidence at a formal hearing.
(c) An acupuncture board or medical board attorney shall act as
counsel to the panel and, notwithstanding Subsection (e), shall
be present during the informal meeting and the panel's
deliberations to advise the panel on legal issues that arise
during the proceeding. The attorney may ask questions of
participants in the informal meeting to clarify any statement
made by the participant. The attorney shall provide to the panel
a historical perspective on comparable cases that have appeared
before the acupuncture board or medical board, keep the
proceedings focused on the case being discussed, and ensure that
the medical board's employees and the affected acupuncturist have
an opportunity to present information related to the case.
During the panel's deliberation, the attorney may be present only
to advise the panel on legal issues and to provide information on
comparable cases that have appeared before the acupuncture board
or medical board.
(d) The panel and medical board employees shall provide an
opportunity for the affected acupuncturist and the
acupuncturist's authorized representative to reply to the board
employees' presentation and to present oral and written
statements and facts that the acupuncturist and representative
reasonably believe could be proven by competent evidence at a
formal hearing.
(e) An employee of the medical board who participated in the
presentation of the allegation or information gathered in the
investigation of the complaint, the affected acupuncturist, the
acupuncturist's authorized representative, the complainant, the
witnesses, and members of the public may not be present during
the deliberations of the panel. Only the members of the panel
and the attorney serving as counsel to the panel may be present
during the deliberations.
(f) The panel shall recommend the dismissal of the complaint or
allegations or, if the panel determines that the affected
acupuncturist has violated a statute or acupuncture board rule,
the panel may recommend board action and terms for an informal
settlement of the case.
(g) The panel's recommendations under Subsection (f) must be
made in a written order and presented to the affected
acupuncturist and the acupuncturist's authorized representative.
The acupuncturist may accept the proposed settlement within the
time established by the panel at the informal meeting. If the
acupuncturist rejects the proposed settlement or does not act
within the required time, the acupuncture board may proceed with
the filing of a formal complaint with the State Office of
Administrative Hearings.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.23, eff. September 1, 2005.
Sec. 205.3544. LIMIT ON ACCESS TO INVESTIGATION FILES. The
acupuncture board shall prohibit or limit access to an
investigation file relating to a license holder in an informal
proceeding in the manner provided by Section 164.007(c).
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.24, eff. September 1, 2005.
Sec. 205.355. REQUIRED DISCIPLINARY ACTION FOR FAILURE TO OBTAIN
REFERRAL. 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)(1).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 205.356. REHABILITATION ORDER. (a) The acupuncture board,
through an agreed order or after a contested proceeding, may
impose a nondisciplinary rehabilitation order on an applicant, as
a prerequisite for issuing a license, or on a license holder
based on:
(1) the person's intemperate use of drugs or alcohol directly
resulting from habituation or addiction caused by medical care or
treatment provided by a physician;
(2) the person's intemperate use of drugs or alcohol during the
five years preceding the date of the report that could adversely
affect the person's ability to safely practice as an
acupuncturist, if the person:
(A) reported the use;
(B) has not previously been the subject of a substance abuse
related order of the acupuncture board; and
(C) did not violate the standard of care as a result of the
impairment;
(3) a judgment by a court that the person is of unsound mind; or
(4) the results of a mental or physical examination, or an
admission by the person, indicating that the person suffers from
a potentially dangerous limitation or an inability to practice as
an acupuncturist with reasonable skill and safety by reason of
illness or as a result of any physical or mental condition.
(b) The acupuncture board may not issue an order under this
section if, before the individual signs the proposed order, the
board receives a valid complaint with regard to the individual
based on the individual's intemperate use of drugs or alcohol in
a manner affecting the standard of care.
(c) The acupuncture board must determine whether an individual
has committed a standard of care violation described by
Subsection (a)(2) before imposing an order under this section.
(d) The acupuncture board may disclose a rehabilitation order to
a local or statewide private acupuncture association only as
provided by Section 205.3562.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
269, Sec. 3.25, eff. September 1, 2005.
Sec. 205.3561. EXPERT IMMUNITY. An expert who assists the
acupuncture board is immune from suit and judgment and may not be
subjected to a suit for damages for any investigation, report,
recommendation, statement, evaluation, finding, or other action
taken without fraud or malice in the course of assisting the
board in a disciplinary proceeding. The attorney general shall
represent the expert in any suit resulting from a service
provided by the expert in good faith to the acupuncture board.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.26, eff. September 1, 2005.
Sec. 205.3562. RESPONSIBILITIES OF PRIVATE ASSOCIATIONS. (a)
If a rehabilitation order imposed under Section 205.356 requires
a license holder to participate in activities or programs
provided by a local or statewide private acupuncture association,
the acupuncture board shall inform the association of the license
holder's duties under the order. The information provided under
this section must include specific guidance to enable the
association to comply with any requirements necessary to assist
in the acupuncturist's rehabilitation.
(b) The acupuncture board may provide to the association any
information that the board determines to be necessary, including
a copy of the rehabilitation order. Any information received by
the association remains confidential, is not subject to
discovery, subpoena, or other means of legal compulsion, and may
be disclosed only to the acupuncture board.
Added by Acts 2005, 79th Leg., Ch.
269, Sec. 3.26, eff. September 1, 2005.
Sec. 205.357. EFFECT OF REHABILITATION ORDER. (a) A
rehabilitation order imposed under Section 205.356 is a
nondisciplinary private order. If entered by agreement, the order
is an agreed disposition or settlement agreement for purposes of
civil litigation and is exempt from the open records law.
(b) A rehabilitation order imposed under Section 205.356 must
contain findings of fact and conclusions of law. The order may
impose a revocation, cancellation, suspension, period of
probation or restriction, or any other term authorized by this
chapter or agreed to by the acupuncture board and the person
subject to the order.
(c) A violation of a rehabilitation order may result in
disciplinary action under the provisions of this chapter for
contested matters or the terms of the agreed order.
(d) A violation of a rehabilitation orde