reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter G. Practice by License Holder › Section 205.301. Referral by Other Health Care Practitioner Required

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter G. Practice by License Holder › Section 205.302. Authorized Practice Without Referral

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter G. Practice by License Holder › Section 205.303. Acudetox Specialist

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, including a person licensed under Section 503.308, licensed psychologist, licensed chemical dependency counselor, licensed marriage and family therapist, licensed marriage and family therapist associate, licensed vocational nurse, licensed registered nurse, licensed physician assistant, or other licensed or certified professional approved by the medical board; and
(B)  has successfully completed a training program in auricular acudetox that meets or exceeds the training 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 five-point auricular acupuncture only  to the extent allowed by rules adopted by the medical board for the treatment of addiction, trauma, or physical, emotional, or psychological stress.
(c)  An acudetox specialist shall:
(1)  obtain informed consent from each client and notify each client 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 and the date the client received the acudetox specialist's services, accompanied by the signature and printed name of the acudetox specialist.
(d)  The certification of an acudetox specialist expires on the third anniversary of the date of issuance and may be renewed before the expiration of the certification 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 by rule shall establish continuing education requirements for an acudetox specialist.  The board shall require in rules adopted under this subsection that the certification of an acudetox specialist may not be renewed unless the person completes at least three hours of continuing education in the licensing period before applying for the renewal.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 397 (H.B. 1106), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter G. Practice by License Holder › Section 205.304. Professional Review Action

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter G. Practice by License Holder › Section 205.305. License Holder Information

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.352. Disciplinary Powers of Acupuncture Board

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 (S.B. 419), Sec. 3.18, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.3522. Surrender of License

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 (S.B. 419), Sec. 3.19, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.3523. Physical or Mental Examination

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 (S.B. 419), Sec. 3.20, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.354. Rules for Disciplinary Proceedings

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.3541. Informal Proceedings

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 (S.B. 419), Sec. 3.21, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.3542. Acupuncture Board Representation in Informal Proceedings

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 (S.B. 419), Sec. 3.22, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.3544. Limit on Access to Investigation Files

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 (S.B. 419), Sec. 3.24, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.355. Required Disciplinary Action for Failure to Obtain Referral

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.356. Rehabilitation Order

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 (S.B. 419), Sec. 3.25, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.3561. Expert Immunity

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 (S.B. 419), Sec. 3.26, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.3562. Responsibilities of Private Associations

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 (S.B. 419), Sec. 3.26, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.357. Effect of Rehabilitation Order

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 order is grounds for disciplinary action based on:
(1)  unprofessional or dishonorable conduct;  or
(2)  any provision of this chapter that applies to the conduct resulting in the violation.
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 H. Disciplinary Procedures › Section 205.358. Audit of Rehabilitation Order

Sec. 205.358.  AUDIT OF REHABILITATION ORDER.  (a)  The acupuncture board shall keep rehabilitation orders imposed under Section 205.356 in a confidential file.  The file is subject to an independent audit to ensure that only qualified license holders are subject to rehabilitation orders.  The audit shall be conducted by a state auditor or private auditor with whom the acupuncture board contracts to perform the audit.
(b)  An audit may be performed at any time at the direction of the acupuncture board.  The acupuncture board shall ensure that an audit is performed at least once in each three-year period.
(c)  The audit results are a matter of public record and shall be reported in a manner that maintains the confidentiality of each license holder who is subject to a rehabilitation order.
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 H. Disciplinary Procedures › Section 205.359. Subpoena

Sec. 205.359.  SUBPOENA.  (a)  On behalf of the acupuncture board, the executive director of the medical board or the presiding officer of the acupuncture board may issue a subpoena or subpoena duces tecum:
(1)  for purposes of an investigation or contested proceeding related to:
(A)  alleged misconduct by an acupuncturist;  or
(B)  an alleged violation of this chapter or other law related to practice as an acupuncturist or to the provision of health care under the authority of this chapter;  and
(2)  to determine whether to:
(A)  issue, suspend, restrict, revoke, or cancel a license authorized by this chapter;  or
(B)  deny or grant an application for a license under this chapter.
(b)  Failure to timely comply with a subpoena issued under this section is a ground for:
(1)  disciplinary action by the acupuncture board or any other licensing or regulatory agency with jurisdiction over the individual or entity subject to the subpoena;  and
(2)  denial of a license application.
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 H. Disciplinary Procedures › Section 205.360. Delegation of Certain Complaint Dispositions

Sec. 205.360.  DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.  (a)  The acupuncture board may delegate to a committee of medical board employees the authority to dismiss or enter into an agreed settlement of a complaint that does not relate directly to patient care or that involves only administrative violations.  The disposition determined by the committee must be approved by the acupuncture board at a public meeting.
(b)  A complaint delegated under this section shall be referred for informal proceedings under Section 205.3541 if:
(1)  the committee of employees determines that the complaint should not be dismissed or settled;
(2)  the committee is unable to reach an agreed settlement; or
(3)  the affected acupuncturist requests that the complaint be referred for informal proceedings.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.27, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.361. Temporary Suspension

Sec. 205.361.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the acupuncture board, with that board's approval, shall appoint a three-member disciplinary panel consisting of acupuncture board members to determine whether a person's license to practice as an acupuncturist should be temporarily suspended.
(b)  If the disciplinary panel determines from the information presented to the panel that a person licensed to practice as an acupuncturist would, by the person's continuation in practice, constitute a continuing threat to the public welfare, the disciplinary panel shall temporarily suspend the license of that person.
(c)  A license may be suspended under this section without notice or hearing on the complaint if:
(1)  institution of proceedings for a hearing before the acupuncture board is initiated simultaneously with the temporary suspension; and
(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.
(d)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening of the panel at one location is inconvenient for any member of the disciplinary panel.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.28, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.362. Cease and Desist Order

Sec. 205.362.  CEASE AND DESIST ORDER.  (a)  If it appears to the acupuncture board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or rule relating to the practice of acupuncture, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under Section 205.352.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.29, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.363. Refund

Sec. 205.363.  REFUND.  (a)  Subject to Subsection (b), the acupuncture board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this subchapter.
(b)  The amount of a refund ordered under Subsection (a) may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter.  The acupuncture board may not require payment of other damages or estimate harm in a refund order.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.30, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter H. Disciplinary Procedures › Section 205.364. Modification of Findings or Rulings by Administrative Law Judge

Sec. 205.364.  MODIFICATION OF FINDINGS OR RULINGS BY ADMINISTRATIVE LAW JUDGE.  The acupuncture board may change a finding of fact or conclusion of law or vacate or modify an order of an administrative law judge only if the acupuncture board makes a determination required by Section 2001.058(e), Government Code.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.31, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter I. Criminal Penalties and Other Enforcement Provisions › Section 205.401. Criminal Penalty

Sec. 205.401.  CRIMINAL PENALTY.  (a)  Except as provided by Section 205.303, a person commits an offense if the person practices acupuncture in this state without a license issued under this chapter.
(b)  Each day a person practices acupuncture in violation of Subsection (a) constitutes a separate offense.
(c)  An offense under Subsection (a) is a felony of the third degree.
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 I. Criminal Penalties and Other Enforcement Provisions › Section 205.402. Injunctive Relief; Civil Penalty

Sec. 205.402.  INJUNCTIVE RELIEF;  CIVIL PENALTY.  (a)  The acupuncture board, the attorney general, or a district or county attorney may bring a civil action to compel compliance with this chapter or to enforce a rule adopted under this chapter.
(b)  In addition to injunctive relief or any other remedy provided by law, a person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty in an amount not to exceed $2,000 for each violation.
(c)  Each day a violation continues or occurs is a separate violation for purposes of imposing a civil penalty.
(d)  The attorney general, at the request of the acupuncture board or on the attorney general's own initiative, may bring a civil action to collect a civil penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.32, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter J. Administrative Penalties › Section 205.451. Imposition of Administrative Penalty

Sec. 205.451.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The acupuncture board by order may impose an administrative penalty against a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter J. Administrative Penalties › Section 205.452. Procedure

Sec. 205.452.  PROCEDURE.  (a)  The acupuncture board by rule shall prescribe the procedure by which it may impose an administrative penalty.
(b)  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter J. Administrative Penalties › Section 205.453. Amount of Penalty

Sec. 205.453.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstances, extent, and gravity of any prohibited act; and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts to correct the violation; and
(6)  any other matter that justice may require.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter J. Administrative Penalties › Section 205.454. Notice of Violation and Penalty

Sec. 205.454.  NOTICE OF VIOLATION AND PENALTY.  (a)  If the acupuncture board by order determines that a violation has occurred and imposes an administrative penalty, the acupuncture board shall notify the affected person of the board's order.
(b)  The notice must include a statement of the right of the person to judicial review of the order.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter J. Administrative Penalties › Section 205.455. Options Following Decision: Pay or Appeal

Sec. 205.455.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the acupuncture board's order imposing the administrative penalty is final, the person shall:
(1)  pay the penalty;
(2)  pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both; or
(3)  without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving to the court a supersedeas bond approved by the court for the amount of the penalty and that is effective until all judicial review of the acupuncture board's order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  giving a copy of the affidavit to the presiding officer of the acupuncture board by certified mail.
(c)  If the presiding officer of the acupuncture board receives a copy of an affidavit under Subsection (b)(2), the presiding officer may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter J. Administrative Penalties › Section 205.456. Collection of Penalty

Sec. 205.456.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the presiding officer of the acupuncture board may refer the matter to the attorney general for collection of the penalty.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter J. Administrative Penalties › Section 205.457. Determination by Court

Sec. 205.457.  DETERMINATION BY COURT.  (a)  If on appeal the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 205 - Acupuncture › Subchapter J. Administrative Penalties › Section 205.458. Remittance of Penalty and Interest

Sec. 205.458.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:
(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty; or
(2)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest is paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 3.34, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter A. General Provisions › Section 206.001. Definitions

Sec. 206.001.  DEFINITIONS.  In this chapter:
(1)  "Advisory committee" means the advisory committee created under this chapter.
(2)  "Delegating physician" means a physician who is licensed by the medical board either as a doctor of medicine or doctor of osteopathic medicine and who delegates, to a licensed surgical assistant, surgical assisting and oversees and accepts responsibility for that surgical assisting.
(3)  "Direct supervision" means supervision by a delegating physician who is physically present and who personally directs delegated acts and remains immediately available to personally respond to any emergency until the patient is released from the operating room or care and has been transferred, as determined by medical board rule, to another physician.
(4)  "Executive director" means the executive director of the medical board.
(5)  "Medical board" means the Texas Medical Board.
(6)  "Surgical assisting" means providing aid under direct supervision in exposure, hemostasis, and other intraoperative technical functions that assist a physician in performing a safe operation with optimal results for the patient, including the delegated authority to provide local infiltration or the topical application of a local anesthetic at the operation site.  This term is synonymous with "first assisting."
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 4.01, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter A. General Provisions › Section 206.002. Applicability

Sec. 206.002.  APPLICABILITY.  (a)  A person is not required to hold a license under this chapter if the person is:
(1)  a student enrolled in a surgical assistant education program approved by the medical board who is assisting in a surgical operation that is an integral part of the program of study;
(2)  a surgical assistant employed in the service of the federal government while performing duties related to that employment;
(3)  a person acting under the delegated authority of a licensed physician;
(4)  a licensed health care worker acting within the scope of the person's license;
(5)  a registered nurse;  or
(6)  a licensed physician assistant.
(b)  This chapter does not affect the authority of a licensed physician to delegate acts under Subtitle B.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter B. Advisory Committee › Section 206.051. Advisory Committee

Sec. 206.051.  ADVISORY COMMITTEE.  (a)  The advisory committee is an informal advisory committee to the medical board and is not subject to Chapter 2110, Government Code.
(b)  The advisory committee has no independent rulemaking authority.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter B. Advisory Committee › Section 206.052. Appointment of Advisory Committee

Sec. 206.052.  APPOINTMENT OF ADVISORY COMMITTEE.  (a)  The advisory committee consists of six members appointed by the president of the medical board.  One member must be a registered perioperative nurse with at least five years of clinical experience as a registered perioperative nurse.  Each of the remaining members must be:
(1)  a practicing surgical assistant who has at least five years of clinical experience as a surgical assistant;  or
(2)  a physician licensed in this state who supervises a surgical assistant.
(b)  Appointments to the advisory committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter B. Advisory Committee › Section 206.053. Membership and Employee Restrictions

Sec. 206.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the advisory committee if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of surgical assisting;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of surgical assisting.
(c)  A person may not be a member of the advisory committee 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 field of surgical assisting.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter B. Advisory Committee › Section 206.054. Terms; Vacancy

Sec. 206.054.  TERMS;  VACANCY.  (a)  Members of the advisory committee are appointed for two-year terms.  The terms of the members expire on February 1 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the president of the medical board shall appoint a new member to fill the unexpired term.
(c)  An advisory committee member may not serve more than two consecutive full terms.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter B. Advisory Committee › Section 206.055. Grounds for Removal

Sec. 206.055.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the advisory committee that a member:
(1)  does not have at the time of appointment the qualifications required by Section 206.052;
(2)  does not maintain during service on the advisory committee the qualifications required by Section 206.052;
(3)  is ineligible for membership under Section 206.053;  or
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term.
(b)  The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 206 - Surgical Assistants › Subchapter B. Advisory Committee › Section 206.056. Officers

Sec. 206.056.  OFFICERS.  The president of the medical board shall designate biennially a committee member as the presiding officer of the advisory committee to serve in that capacity at the will of the president.
Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.