reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter A. General Provisions › Section 205.001. Definitions

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 (S.B. 419), Sec. 3.01, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter A. General Provisions › Section 205.003. Exemption; Limitation

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.051. Board; Membership

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 (S.B. 419), Sec. 3.02, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.052. Public Member Eligibility

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.053. Membership and Employee Restrictions

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 (S.B. 419), Sec. 3.03, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.054. Terms; Vacancies

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.055. Presiding Officer

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 (S.B. 419), Sec. 3.04, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.056. Grounds for Removal

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.057. Training

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)  the law governing acupuncture board operations;
(2)  the programs, functions, rules, and budget of the acupuncture board;
(3)  the scope of and limitations on the rulemaking authority of the acupuncture board;
(4)  the types of acupuncture board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the acupuncture board regulates, including any rule, interpretation, or enforcement action that:
(A)  regulates the scope of practice of persons in a profession or business the acupuncture board regulates;
(B)  restricts advertising by persons in a profession or business the acupuncture board regulates;
(C)  affects the price of goods or services provided by persons in a profession or business the acupuncture board regulates; or
(D)  restricts participation in a profession or business the acupuncture board regulates;
(5)   the results of the most recent formal audit of the acupuncture board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the acupuncture board in performing their duties; and
(7)  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.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each acupuncture board member.  Each board member shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.05, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 18, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.058. Qualifications and Standards of Conduct Information

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.059. Compensation; per Diem

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter B. Texas State Board of Acupuncture Examiners › Section 205.060. Application of Open Meetings, Open Records, and Administrative Procedure Laws

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter C. Powers and Duties of Acupuncture Board and Medical Board › Section 205.101. General Powers and Duties of Acupuncture 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 (S.B. 419), Sec. 3.06, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter C. Powers and Duties of Acupuncture Board and Medical Board › Section 205.102. Assistance by Medical Board

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter C. Powers and Duties of Acupuncture Board and Medical Board › Section 205.103. Fees

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter C. Powers and Duties of Acupuncture Board and Medical Board › Section 205.104. Rules Restricting Advertising or Competitive Bidding

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter C. Powers and Duties of Acupuncture Board and Medical Board › Section 205.1041. Guidelines for Early Involvement in Rulemaking Process

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 (S.B. 419), Sec. 3.07, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter C. Powers and Duties of Acupuncture Board and Medical Board › Section 205.1045. Rules on Consequences of Criminal Conviction

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 (S.B. 419), Sec. 3.08, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter C. Powers and Duties of Acupuncture Board and Medical Board › Section 205.106. Use of Technology

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 (S.B. 419), Sec. 3.09, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter C. Powers and Duties of Acupuncture Board and Medical Board › Section 205.107. Negotiated Rulemaking and Alternative Dispute Resolution Policy

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 (S.B. 419), Sec. 3.10, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter D. Public Access and Information and Complaint Procedures › Section 205.151. Public Interest Information

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter D. Public Access and Information and Complaint Procedures › Section 205.152. Complaints

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter D. Public Access and Information and Complaint Procedures › Section 205.1521. Conduct of Investigation

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 (S.B. 419), Sec. 3.11, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter D. Public Access and Information and Complaint Procedures › Section 205.153. Public Participation

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.201. License Required

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 (S.B. 419), Sec. 3.12, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.202. Issuance of License

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 (S.B. 419), Sec. 3.13, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.2025. Criminal History Record Information Requirement for License Issuance

Sec. 205.2025.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE.  (a)  The acupuncture board shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The acupuncture board may not issue a license to a person who does not comply with the requirement of Subsection (a).
(c)  The acupuncture board shall conduct a criminal history record information check of each applicant for a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The acupuncture board may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check.
Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 19, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.203. License Examination

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 (S.B. 419), Sec. 3.14, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.204. Application for Examination

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.2045. Appearance of Applicant Before Acupuncture Board

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.205. Examination Results

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.206. Acupuncture Schools

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 (S.B. 419), Sec. 3.15, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.207. Reciprocal License

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter E. License Requirements › Section 205.208. Temporary License

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter F. License Renewal › Section 205.251. Renewal Required

Sec. 205.251.  RENEWAL REQUIRED.  (a)  The medical board by rule shall provide for the annual or biennial 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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter F. License Renewal › Section 205.2515. Criminal History Record Information Requirement for Renewal

Sec. 205.2515.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.  (a)  An applicant for renewal of a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the applicant as provided by Section 205.2025.
(b)  The acupuncture board may administratively suspend or refuse to renew the license of a person who does not comply with the requirement of Subsection (a).
(c)  A license holder is not required to submit fingerprints under this section for the renewal of the license if the holder has previously submitted fingerprints under:
(1)  Section 205.2025 for the initial issuance of the license; or
(2)  this section as part of a prior renewal of a license.
Added by Acts 2019, 86th Leg., R.S., Ch. 1231 (H.B. 1504), Sec. 20, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter F. License Renewal › Section 205.252. Notice of License Expiration

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter F. License Renewal › Section 205.253. Procedure for Renewal

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter F. License Renewal › Section 205.254. Renewal of Expired License by Out-of-State Practitioner

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter F. License Renewal › Section 205.255. Continuing Education

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 (S.B. 419), Sec. 3.16, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter F. License Renewal › Section 205.256. Refusal for Violation of Board Order

Sec. 205.256.  REFUSAL FOR VIOLATION OF BOARD ORDER.  The acupuncture board may refuse to renew a license issued under this chapter if the license holder is in violation of an acupuncture board order.
Added by Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 6, eff. September 1, 2017.