reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 181 - CONTACT LENS PRESCRIPTIONS › Section 181.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the contents clearly indicate
				  otherwise.
(1) Contact lens
				prescription--a written prescription that contains the following information:
(A) the patient's name;
(B) the date the prescription was
				issued;
(C) the contact lens
				manufacturer, if needed;
(D) the
				expiration date of the prescription, which shall be one year or more unless the
				health of the patient requires an earlier expiration date;
(E) the signature of the physician or a
				verification of the prescription as described by Tex. Occ. Code Section
				353.1015;
(F) the total number of
				lenses authorized and recommended replacement intervals if the prescription is
				for disposable contact lenses;
(G)
				the brand name or model type of the lens prescribed;
(H) the lens power;
(I) the base curve measurements;
				and
(J) the diameter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 181 - CONTACT LENS PRESCRIPTIONS › Section 181.3 - Release of Contact Lens Prescription

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Except as provided in subsection (d) of this section, each physician who
				performs an eye examination and fits a patient for contact lenses shall, on
				request, prepare and give a contact lens prescription to the patient, and as
				directed by any person designated to act on behalf of the patient, provide the
				prescription or verify the prescription as provided by Tex. Occ. Code Section
				353.1015. The physician may exclude categories of contact lenses if the
				exclusion is clinically indicated. The physician may not charge the patient a
				fee for providing the contact lens prescription but may charge a fee for
				examination and a fee for fitting of contact lenses as a condition for giving a
				contact lens prescription to the patient.
(b) If a patient requests a contact lens
				prescription during an initial or annual examination, the physician must
				prepare and give the contact lens prescription to the patient at the time the
				physician determines all of the parameters of the contact lens prescription, as
				that term is defined in section
				181.2 of
				this title (relating to definitions). If the physician has delegated the
				fitting of the contact lens as authorized by the Texas Contact Lens
				Prescription Act, the physician is not required to provide the prescription for
				the patient.
(c) If the patient
				does not request or receive an original contact lens prescription during the
				patient's initial or annual examination, the patient may request the patient's
				contact lens prescription at any time during which the prescription is valid.
				On receipt of a request, the physician shall provide the patient with a contact
				lens prescription if the physician has fit the patient. If the patient requests
				the physician to deliver the prescription to the patient or to another person,
				the physician may charge the cost of delivery to the patient.
(d) A physician may refuse to give a contact
				lens prescription to a patient if:
(1) the
				patient's ocular health presents a contraindication for contact
				lenses;
(2) refusal is warranted
				due to potential harm to the patient's ocular health;
(3) the patient has not paid for the
				examination and fitting, or has not paid other financial obligations to the
				physician if the patient would have been required to make an immediate or
				similar payment if the examination revealed that ophthalmic goods were not
				required;
(4) the patient has an
				existing medical condition that indicates that the patient's ocular health
				would be damaged if the prescription were released to the patient, or if
				further monitoring of the patient is needed; or
(5) the request is made after the first
				anniversary date of the patient's last eye examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 181 - CONTACT LENS PRESCRIPTIONS › Section 181.4 - Delegation of Fitting of Contact Lenses

Current through Reg. 49, No. 28; July 12, 2024
If a physician notes on a spectacle prescription "fit for
				  contacts" or similar language and has specifically delegated to a specific
				  optician the authority to make the additional measurements and evaluations
				  necessary to derive the information required for a fully written contact lens
				  prescription, the optician may dispense contact lenses to the patient even
				  though the prescription is less than a fully written contact lens
				  prescription.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 181 - CONTACT LENS PRESCRIPTIONS › Section 181.5 - Contact Lens Dispensing Permit Not Required of Physician or Physician's Employees

Current through Reg. 49, No. 28; July 12, 2024
Neither a physician nor an employee of a physician is
				  required to obtain a permit if the employee performs contact lens dispensing
				  services under the direct supervision and control of the
				  physician.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 181 - CONTACT LENS PRESCRIPTIONS › Section 181.6 - Physician's Prescriptions: Delegation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				These rules shall not be interpreted to prevent, or restrict a physician from
				treating or prescribing for the physician's patients or from directing or
				instructing others under the physician's control, supervision or instruction
				who assists those patients according to specific directions, orders,
				instructions, or prescriptions.
(b)
				If a physician's directions, instructions, orders, or prescriptions are to be
				performed or filled by an optician who is independent of the physician's
				office, the directions, instructions, orders or prescriptions must be:
(1) in writing or verified under Tex. Occ.
				Code Section 353.1015;
(2) of a
				scope and content and communicated to the optician in a form and manner that in
				the professional judgment of the physician best serves the health, safety, and
				welfare of the physician's patients; and
(3) in form in detail consistent with the
				particular optician's skill and knowledge.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 181 - CONTACT LENS PRESCRIPTIONS › Section 181.7 - Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) A contact lens
				prescription may not contain, and a physician may not require a patient to sign
				a form or notice that waives or disclaims the liability of the physician for
				the accuracy of:
(1) the eye examination on
				which the contact lens prescription furnished to the patient is based;
				or
(2) the contact lens
				prescription provided to the patient.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 182 - USE OF EXPERTS › Section 182.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §§154.056 - 154.0561 of the Medical
				  Practice Act, the board is authorized to adopt rules relating to the use of
				  expert physicians reviewers in the review of complaints involving standard of
				  care. This chapter is promulgated to establish procedures, qualifications and
				  duties of those professionals serving as expert physician
				  reviewers.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 182 - USE OF EXPERTS › Section 182.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Specialist --An
				individual with specialized knowledge or training selected by the agency to
				review and report on alleged non-standard of care complaints.
(2) Expert Physician Reviewer (or
				Reviewer)--A qualified physician approved by the board as part of an Expert
				Physician Panel to review and report on alleged violations of the standard of
				care as set out in §154.0561 and §154.058(b) of the Act.
(3) Expert Witness--An individual with
				specialized knowledge or training who contracts with the board to provide
				opinions, testimony or other services in contested cases or temporary
				suspension proceedings.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 182 - USE OF EXPERTS › Section 182.5 - Expert Reviewer Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				To be eligible to serve on the Expert Panel, a physician must meet the
				following criteria:
(1) licensed to practice
				medicine in Texas;
(2)
				certification by an organization that is a member of the American Board of
				Medical Specialties or the Bureau of Osteopathic Specialists or the American
				Board of Oral and Maxillofacial Surgery;
(3) no history of licensure
				restriction;
(4) no history of peer
				discipline;
(5) acceptable
				malpractice complaint history; and
(6) in active practice as defined by §
										163.11
				of this title (relating to the Active Practice of Medicine).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 182 - USE OF EXPERTS › Section 182.8 - Expert Physician Reviewers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Selection of Reviewers. Any complaint alleging a possible violation of the
				standard of care will be referred to Expert Physician Reviewers who will review
				all the medical information and records collected by the board and shall report
				findings in the prescribed format.
(1)
				Reviewers shall be randomly selected from among those Expert Panel members who
				practice in the same specialty as the physician who is the subject of the
				complaint. The practice area or specialty declared by the subject physician as
				his area of practice may be the specialty of the expert reviewers.
(2) If there are no Expert Panel Members in
				the same specialty or if the randomly selected Reviewer has a potential or
				apparent conflict of interest that would prevent the Reviewer from providing a
				fair and unbiased opinion, that Reviewer shall not review the case and another
				Reviewer shall be randomly selected from among those Expert Panel members who
				practice in the same or similar specialty as the physician who is the subject
				of the complaint, after excluding the previously selected Reviewer.
(A) A potential conflict of interest exists
				if the selected Reviewer practices medicine in the same geographical medical
				market as the physician who is the subject of the complaint; and
(i) is in direct competition with the
				physician;
(ii) knows the
				physician; or
(iii) has treated or
				examined any of the patients at issue.
(B) An apparent conflict of interest exists
				if the Reviewer:
(i) has a direct financial
				interest or relationship with any matter, party, or witness that would give the
				appearance of a conflict of interest;
(ii) has a familial relationship within the
				third degree of affinity with any party or witness; or
(iii) determines that the Reviewer has
				knowledge of information that has not been provided by the Board and that the
				Reviewer cannot set aside that knowledge and fairly and impartially consider
				the matter based solely on the information provided by the Board.
(3) Notwithstanding the
				provisions of subsection (a)(2) of this section, if no Reviewer agrees to
				review the case who can qualify under the requirements of that subsection, a
				Reviewer who has a potential conflict may review the case, provided the Expert
				Reviewers' Report discloses the nature of the potential conflict.
(4) If any selected Reviewer has a potential
				or apparent conflict of interest, the Reviewer shall notify board staff of the
				potential or apparent conflict.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) These rules are
				promulgated under the authority of the Medical Practice Act, Title 3 Subtitle B
				Tex. Occ. Code and the Acupuncture Act, Chapter 205 Tex. Occ. Code, to
				establish procedures and standards for the training, education, licensing, and
				discipline of persons performing acupuncture in this State so as to establish
				an orderly system of regulating the practice of acupuncture in a manner which
				protects the health, safety, and welfare of the public.
(b) The Acupuncture board's functions include
				but are not limited to the following:
(1)
				Establish standards for the practice of acupuncture.
(2) Regulate the practice of acupuncture
				through the licensure and discipline of acupuncturists.
(3) Interpret the Acupuncture Act and the
				Acupuncture board Rules acupuncturists and the public to ensure informed
				professionals, allied health professionals, and consumers.
(4) Receive complaints and investigate
				possible violations of the Acupuncture Act and the Acupuncture board
				Rules.
(5) Discipline violators
				through appropriate legal action to enforce the Acupuncture Act and the
				Acupuncture board Rules.
(6)
				Provide a mechanism for public comment with regard to the Acupuncture Act and
				the Acupuncture board Rules.
(7)
				Review and modify the Acupuncture board rules when necessary and appropriate,
				subject to approval of the Medical Board.
(8) Examine and license qualified applicants
				to practice acupuncture in Texas in a manner that ensures that applicable
				standards are maintained.
(9)
				Provide recommendations to the legislature concerning appropriate changes to
				the Acupuncture Act to ensure that the acts are current and applicable to
				changing needs and practices.
(10)
				Provide informal public information on licensees.
(11) Maintain data concerning the practice of
				acupuncture.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the content clearly indicates
				  otherwise.
(1) Ability to communicate
				in the English language--An applicant who has met the requirements set out in
				§
									183.4(a)(8)
				of this title (relating to Licensure).
(2) Acceptable approved acupuncture
				school--Effective January 1, 1996, and in addition to and consistent with the
				requirements of § 205.206 of the Tex. Occ. Code:
(A) a school of acupuncture located in the
				United States or Canada which, at the time of the applicant's graduation, was a
				candidate for accreditation by the Accreditation Commission for Acupuncture and
				Oriental Medicine (ACAOM) or another accrediting body recognized by the Texas
				Higher Education Coordinating Board, provides certification that the curriculum
				at the time of the applicant's graduation was equivalent to the curriculum upon
				which accreditation granted, offered a masters degree or a professional
				certificate or diploma upon graduation, and had a curriculum of 1,800 hours
				with at least 450 hours of herbal studies which at a minimum included the
				following:
(i) basic herbology including
				recognition, nomenclature, functions, temperature, taste, contraindications,
				and therapeutic combinations of herbs;
(ii) herbal formulas including traditional
				herbal formulas and their modifications or variations based on traditional
				methods of herbal therapy;
(iii)
				patent herbs including the names of the more common patent herbal medications
				and their uses; and
(iv) clinical
				training emphasizing herbal uses; or
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.5 - Biennial Renewal of License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Acupuncturists licensed under the Act shall register biennially and pay a fee.
				An acupuncturist may renew an unexpired license by submitting the required form
				and by paying the required renewal fee to the acupuncture board on or before
				the expiration date. The fee shall accompany a written application which
				legibly sets forth the licensee's name, mailing address, the place or places
				where the licensee is engaged in the practice of acupuncture, and other
				necessary information prescribed by the acupuncture board.
(b) Falsification of an affidavit or
				submission of false information to obtain renewal of a license shall subject an
				acupuncturist to denial of a license renewal or to discipline pursuant to
				§205.351 of the Act.
(c) If
				the renewal fee and completed application form are not received on or before
				the expiration date, penalty fees will be imposed as outlined in §
									175.3(3)
				of this title (relating to Penalties).
(d) If an acupuncturist's permit has been
				expired for 90 days or less, the acupuncturist may obtain a new permit by
				submitting to the board a completed permit application, the registration fee,
				as defined in §
									175.2(3)
				of this title (relating to Registration and Renewal Fees) and the penalty fee,
				as defined in §
									175.3(3)(A)
				of this title.
(e) If an
				acupuncturist's permit has been expired for more than 90 days, but less than
				one year, the acupuncturist may obtain a new permit by submitting to the board
				a completed permit application, the registration fee, as defined in §
									175.2(3)
				of this title and the penalty fee, as defined in §
									175.3(3)(B)
				of this title.
(f) If an
				acupuncturist's registration permit has been expired for one year or longer,
				the acupuncturist's license is automatically canceled, unless an investigation
				is pending, and the acupuncturist may not register for a new permit.
(g) Practicing acupuncture after an
				acupuncturist's permit has expired under subsection (c) of this section,
				without obtaining a new registration permit for the current registration
				period, has the same effect as, and is subject to all penalties of, practicing
				acupuncture without a license.
(h)
				A military service member who holds an acupuncture license in Texas is entitled
				to two years of additional time to complete any other requirement related to
				the renewal of the military service member's license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.6 - Denial of License; Discipline of Licensee

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a license under the Act
				shall be subject to denial of the application pursuant to the provisions of
				§205.351 of the Act.
(b) An
				acupuncturist who holds a license issued under authority of the Act shall be
				subject to discipline, including revocation of license, pursuant to
				§205.351 of the Act.
(c) The
				denial of licensure or the imposition of disciplinary action by the acupuncture
				board pursuant to §205.351 of the Act shall be in accordance with the Act,
				the procedures set forth in Chapters 187 and 190 of this title (relating to
				Procedural Rules and Disciplinary Guidelines), the Administrative Procedure
				Act, and the rules of the State Office of Administrative Hearings. Chapters 187
				and 190 of this title (relating to Procedural Rules and Disciplinary
				Guidelines) shall be applied to acupuncturists to the extent applicable. If the
				provisions of Chapter 187 or Chapter 190 conflict with the Act or rules under
				this chapter, the Act and provisions of this chapter shall control.
(d) Disciplinary guidelines.
(1) Chapter 190 of this title (relating to
				Disciplinary Guidelines) shall apply to acupuncturists regulated under this
				chapter and be used as guidelines for the following areas as they relate to the
				denial of licensure or disciplinary action of a licensee:
(A) practice inconsistent with public health
				and welfare;
(B) unprofessional or
				dishonorable conduct;
(C)
				disciplinary actions by state boards and peer groups;
(D) repeated and recurring meritorious health
				care liability claims;
(E)
				aggravating and mitigating factors; and
(F) criminal convictions.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.7 - Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				acupuncturist may perform acupuncture on a person who has been evaluated by a
				physician or dentist, as appropriate, for the condition being treated within
				twelve months before the date acupuncture was performed.
(b) The holder of a license may perform
				acupuncture on a person who was referred by a doctor licensed to practice
				chiropractic by the Texas Board of Chiropractic Examiners if the licensee
				commences the treatment within 30 days of the date of the referral. The
				licensee shall refer the person to a physician after performing acupuncture 20
				times or for two months, whichever occurs first, if no substantial improvement
				occurs in the person's condition for which the referral was made.
(c) Notwithstanding subsections (a) and (b)
				of this section, an acupuncturist holding a current and valid license may
				without an evaluation or a referral from a physician, dentist, or chiropractor
				perform acupuncture on a person for smoking addiction, weight loss, alcoholism,
				chronic pain, or substance abuse.
(d) A licensed acupuncturist must recommend
				an evaluation by a licensed Texas physician or dentist, if after performing
				acupuncture 20 times or for two months, whichever occurs first, there is no
				substantial improvement of the patient's chronic pain.
(e) A licensed acupuncturist shall recommend
				an evaluation by a licensed Texas physician or dentist, as appropriate, if
				after performing acupuncture 20 times or for two months, whichever occurs
				first, there is no substantial improvement of the patient's alcoholism or
				substance abuse.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.8 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Confidentiality. All complaints, adverse reports, investigation files, other
				investigation reports, and other investigative information in the possession
				of, received, or gathered by the board shall be confidential and no employee,
				agent, or member of the board may disclose information contained in such files
				except in the following circumstances:
(1) to
				the appropriate licensing authorities in other states, the District of
				Columbia, or a territory or country in which the acupuncturist is
				licensed;
(2) to appropriate law
				enforcement agencies if the investigative information indicates a crime may
				have been committed;
(3) to a
				health care entity upon receipt of written request. Disclosures by the board to
				a health care entity shall include only information about a complaint filed
				against an acupuncturist that was resolved after investigation by a
				disciplinary order of the board or by an agreed settlement, and the basis of
				and current status of any complaint under active investigation; and
(4) to other persons if required during the
				conduct of the investigation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.10 - Patient Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Acupuncturists
				licensed under the Act shall keep and maintain adequate records of all patient
				visits or consultations which shall, at a minimum, be written in English and
				include:
(1) the patient's name and
				address;
(2) vital signs to include
				body temperature, pulse or heart rate, respiratory rate, and blood pressure
				upon initial presentation of the patient, and those vital signs as deemed
				appropriate by the practitioner for follow-up treatment;
(3) the chief complaint of the
				patient;
(4) a patient
				history;
(5) a treatment plan for
				each patient visit or consultation;
(6) a notation of any herbal medications,
				including amounts and forms, and other modalities used in the course of
				treatment with corresponding dates for such treatment;
(7) a system of billing records which
				accurately reflect patient names, services rendered, the date of the services
				rendered, and the amount charged or billed for each service rendered;
(8) a written record regarding whether or not
				a patient was evaluated by a physician or dentist, as appropriate, for the
				condition being treated within 12 months before the date acupuncture was
				performed as required by §
										183.7(a)
				of this title (relating to Scope of Practice);
(9) a written record regarding whether or not
				a patient was referred to a physician after the acupuncturist performed
				acupuncture 20 times or for two months whichever occurs first, as required by
				§
										183.7(b)
				of this title (relating to Scope of Practice) in regard to treatment of
				patients upon referral by a doctor licensed to practice chiropractic by the
				Texas Board of Chiropractic Examiners;
(10) in the case of referrals to the
				acupuncturist of a patient by a doctor licensed to practice chiropractic by the
				Texas Board of Chiropractic Examiners, the acupuncturist shall record the date
				of the referral and the most recent date of chiropractic treatment prior to
				acupuncture treatment; and,
(11)
				reasonable documentation that the evaluation required by §
										183.7 of this
				title (relating to Scope of Practice) was performed or, in the event that the
				licensee is unable to determine that the evaluation took place, a written
				statement signed by the patient stating that the patient has been evaluated by
				a physician within the required time frame on a copy of the following form:
Attached
				  Graphic
Attached
				  Graphic
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.11 - Complaint Procedure Notification

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §205.152 of the Act, Chapter 178 of this
				  title (relating to Complaints) shall govern acupuncturists with regard to
				  methods of notification for filing complaints with the agency. If the
				  provisions of Chapter 178 of this title conflict with the Act or rules under
				  this chapter, the Act and provisions of this chapter shall
				  control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.12 - Medical Board Review and Approval

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Pursuant to § 205.202 of the Act, the acupuncture board shall issue a
				license to practice acupuncture in this state to a person who meets the
				requirements of the Act and the rules adopted pursuant to the Act without
				approval of the Medical Board.
(b)
				Pursuant to § 205.352 of the Act, the acupuncture board shall take
				disciplinary action against a license holder without approval of the Medical
				Board.
(c) Pursuant to §
				205.101(b) of the Act, a rule adopted by the acupuncture board is subject to
				Medical board approval, which shall be memorialized in the minutes of the
				medical board, the minutes of a committee of the medical board, or in a writing
				signed by the medical board's presiding officer, secretary-treasurer, or
				authorized committee chairman after consideration of the recommendations of the
				acupuncture board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.13 - Construction

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this chapter shall be construed and
				  interpreted so as to be consistent with the statutory provisions of the Act. In
				  the event of a conflict between this chapter and the provisions of the Act, the
				  provisions of the Act shall control; however, this chapter shall be construed
				  so that all other provisions of this chapter which are not in conflict with the
				  Act shall remain in effect.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.14 - Acudetox Specialist

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				purposes of this chapter, an "acudetox specialist" shall be defined as a person
				who is certified to practice auricular acupuncture for the limited purpose of
				treating alcoholism, substance abuse, and chemical dependency.
(b) Any person who does not possess a Texas
				acupuncture license or is not otherwise authorized to practice acupuncture
				under Tex. Occ. Code Ann. Title 3, Subtitle C, Chapter 205, may practice as an
				acudetox specialist for the sole purpose of the treatment of alcoholism,
				substance abuse, or chemical dependency upon obtaining certification as an
				acudetox specialist only under the following conditions listed in paragraphs
				(1) - (4) of this subsection:
(1) after
				issuance of certification by the Medical Board, payment of any required fee and
				receipt of written confirmation of certification from the Medical
				Board;
(2) after successful
				completion of a training program in acupuncture for the treatment of
				alcoholism, substance abuse, or chemical dependency, which has been approved by
				the Medical Board with advice from the acupuncture board. Such program in
				auricular acupuncture shall be 70 hours in length, and shall include a clean
				needle technique course or equivalent universal infection control precaution
				procedures course approved by the Medical Board;
(3) if the individual holds an unrestricted
				and current license, registration, or certification issued by the appropriate
				Texas regulatory agency authorizing practice as a social worker, a licensed
				professional counselor, a licensed psychologist, a licensed chemical dependency
				counselor, a licensed vocational nurse, or a licensed registered nurse;
				provided, however, that such practice of acudetox is not prohibited by the
				regulatory agency authorizing such practice as a social worker, professional
				counselor, psychologist, chemical dependency counselor, licensed vocational
				nurse, or registered nurse; and,
(4) works under the supervision of a current
				and active licensed Texas physician or licensed Texas acupuncturist, pursuant
				to written protocols, who is readily available by telephonic means or other
				methods of communication. Such protocols shall be agreed upon and signed by the
				supervising Texas licensee and the acudetox specialist, reviewed and signed at
				least annually and maintained on site. The acudetox specialist must submit
				notification of any changes in, or additions to, the person acting as a
				supervising physician or acupuncturist for the acudetox specialist not later
				than the 30th day after the date the change or addition is made.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.15 - Use of Professional Titles

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				licensee shall use the title "Licensed Acupuncturist," "Lic. Ac.," or "L. Ac.,"
				immediately following his/her name on any advertising or other materials
				visible to the public which pertain to the licensee's practice of acupuncture,
				except as provided in subsection (b) of this section. Only persons licensed as
				an acupuncturist may use these titles. A licensee who is also licensed in Texas
				as a physician, dentist, chiropractor, optometrist, podiatrist, and/or
				veterinarian is exempt from the requirement that the licensee's acupuncture
				title immediately follow his/her name.
(b) If a licensee uses any additional title
				or designation, it shall be the responsibility of the licensee to comply with
				the provisions of the Healing Art Identification Act, Texas Occupations Code
				Annotated, Chapter 104, that require individuals to designate the authority
				under which the title is used or the college or honorary degree that gives rise
				to the use of the title. A licensee may use the additional title or designation
				in materials described in subsection (a) of this section, immediately before or
				after the title "Licensed Acupuncturist," "Lic. Ac.," or "L. Ac.".
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.17 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
Chapter 189 of this title (relating to Compliance) shall be
				  applied to acupuncturists who are under board orders. If the provisions of
				  Chapter 189 conflict with the Act or rules under this chapter, the Act and
				  provisions of this chapter shall control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.19 - Acupuncture Advertising

Current through Reg. 49, No. 28; July 12, 2024
Acupuncturists shall not authorize or use false, misleading,
				  or deceptive advertising, and, in addition, shall not engage in any of the
				  following:
(1) hold themselves out as
				a physician or surgeon or any combination or derivative of those terms unless
				also licensed by the medical board as a physician or surgeon as defined under
				the Medical Practice Act, Tex. Occ. Code Ann. §151.002(a)(13) (relating to
				Definitions);
(2) use the terms
				"board certified" unless the advertising also discloses the complete name of
				the board which conferred the referenced certification; or,
(3) use the terms "board certified" or any
				similar words or phrases calculated to convey the same meaning if the
				advertised board certification has expired and has not been renewed at the time
				the advertising in question was published, broadcast, or otherwise
				promulgated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.20 - Continuing Acupuncture Education

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose. This section is promulgated to promote the health, safety, and welfare
				of the people of Texas through the establishment of minimum requirements for
				continuing acupuncture education (CAE) for licensed Texas acupuncturists so as
				to further enhance their professional skills and knowledge.
(b) Minimum Continuing Acupuncture Education.
				As a prerequisite to the biennial registration of the license of an
				acupuncturist, the acupuncturist shall complete 34 hours of CAE every 24
				months.
(1) The required hours shall be from
				courses that meet one of the following criteria at the time the hours are
				taken:
(A) are designated or otherwise
				approved for credit by the Texas State Board of Acupuncture Examiners based on
				a review and recommendation of the course content by the Education Committee of
				the board as described in subsection (n) of this section;
(B) are offered by providers approved by the
				Texas State Board of Acupuncture Examiners;
(C) have been approved for CAE credit for a
				minimum of three years by another state acupuncture board, having first gone
				through a formal approval process in such state;
(D) approved by the NCCAOM (National
				Certification Commission for Acupuncture and Oriental Medicine) for
				professional development activity credit; or
(E) are provided outside of the United States
				by a provider of continuing acupuncture education that is acceptable to the
				Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.21 - Continuing Auricular Acupuncture Education for Acudetox Specialists

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				section is promulgated to promote the health, safety, and welfare of the people
				of Texas through the establishment of minimum requirements for continuing
				auricular acupuncture education (CAAE) for certified acudetox specialists so as
				to further enhance their professional skills and knowledge.
(b) Minimum continuing auricular acupuncture
				education. As a prerequisite to the re-certification of an acudetox specialist,
				the acudetox specialist shall provide documentation to the Medical Board that
				the individual has successfully met the continuing education requirements
				established by the board which includes the following listed in paragraphs (1)
				- (2) of this subsection:
(1) At least six
				hours of CAAE each year shall be in the practice of auricular
				acupuncture;
(2) The required hours
				shall be from courses that are designated or otherwise approved for credit by
				the Medical Board at the time the course was taken.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.22 - Language Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All medical
				records and prescriptions are to be written in English with the exception of
				acupuncture terms, including herbs, that are more frequently known by their
				Chinese or Pinyin translation, if appropriate.
(b) All written instructions to patients must
				be in English. If the patient does not speak English then the acupuncturist
				shall make reasonable efforts to translate to the patient's native
				language.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.23 - Voluntary Surrender of Acupuncture License

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Section 205.3522 of the Act, the Board may accept
				  the voluntary surrender of an acupuncture license. Chapter 196 of this title
				  (relating to Voluntary Surrender of a Medical License) shall govern the
				  voluntary surrender of an acupuncture license in a similar manner as that
				  chapter applies to a medical license. Section
				  183.4 of
				  this title (relating to Licensure) shall govern reapplication after a voluntary
				  surrender.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.24 - Procedure

Current through Reg. 49, No. 28; July 12, 2024
Chapter 187 of this title (relating to Procedural Rules)
				  shall govern procedures relating to acupuncturists where applicable. If the
				  provisions of Chapter 187 conflict with the Act or rules under this chapter,
				  the Act and provisions of this chapter shall control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.25 - Inactive Status License

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				license holder may have the license holder's license placed on inactive status
				by applying to the board. A license holder with an inactive status license may
				not practice as an acupuncturist in Texas.
(b) In order for a license holder to be
				placed on inactive status, the license holder must have a current registration
				permit and have a license in good standing.
(c) A license holder who practices as an
				acupuncturist in Texas while on inactive status is considered to be practicing
				without a license.
(d) A license
				holder may return to active status by applying to the board, paying an
				application fee equal to an application fee for an acupuncture license,
				complying with the requirements for license renewal under the Act, providing
				current certifications of good standing from each other state in which the
				acupuncturist holds an acupuncture license, and complying with subsection (e)
				of this section.
(e) An inactive
				status license holder applying to return to active status shall provide
				sufficient documentation to the board that the applicant has, on a full-time
				basis as defined in §
									183.4(a)(9)(B)
				of this title (relating to Licensure), actively practiced acupuncture or has
				been on the active teaching faculty of an acceptable approved acupuncture
				school, within either of the two years preceding receipt of an application for
				reactivation. Applicants who do not meet this requirement may, in the
				discretion of the board, be eligible for the reactivation of a license subject
				to one or more of the following conditions or restrictions as set forth in
				paragraphs (1) - (4) of this subsection:
(1)
				completion of specified continuing acupuncture education hours qualifying under
				§
										183.20
				of this title (relating to Continuing Acupuncture Education);
(2) limitation and/or exclusion of the
				practice of the applicant to specified activities of the practice;
(3) remedial education; and/or
(4) such other remedial or restrictive
				conditions or requirements which, in the discretion of the board are necessary
				to ensure protection of the public and minimal competency of the applicant to
				safely practice as an acupuncturist.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.26 - Retired License

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				registration renewal fee shall not apply to retired license holders. To be
				placed in retired status:
(1) the license
				holder must not be under an investigation or an active order with the board or
				otherwise have a restricted license; and
(2) the license holder must request in
				writing on a form prescribed by the board that his or her license be placed on
				official retired status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 183 - ACUPUNCTURE › Section 183.27 - Exemption from Licensure for Certain Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director of the Texas
				Medical Board must authorize a qualified military spouse to engage in the
				practice of acupuncture in Texas without obtaining a license in accordance with
				§
									55.0041(a),
				Texas Occupations Code. This authorization to practice is valid during the time
				the military service member to whom the military spouse is married is stationed
				at a military installation in Texas, but not to exceed three years.
(b) In order to receive authorization to
				practice the military spouse must:
(1) hold
				an active acupuncture license in another state, territory, Canadian province,
				or country that:
(A) has licensing
				requirements that are determined by the board to be substantially equivalent to
				the requirements for licensure in Texas; and
(B) is not subject to any restriction,
				disciplinary order, probation, or investigation; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority Medical
				  Practice Act Title 3, Subtitle B, Tex. Occ. Code and the Surgical Assistants
				  Act, Tex. Occ. Code Ann. Ch.206. The purpose of these rules is to establish
				  requirements for the education, training, and professional behavior for persons
				  who identify themselves as licensed surgical assistants without a financial
				  burden to the people of Texas. Furthermore, the purpose of these rules and
				  regulations is to also encourage the more effective utilization of the skills
				  of physicians by enabling them to delegate health care tasks to licensed
				  surgical assistants. These sections are not intended to, and shall not be
				  construed to, restrict the physician from delegating technical and clinical
				  tasks to technicians, other assistants, or employees who perform delegated
				  tasks in a surgical setting and who are not rendering services as a surgical
				  assistant or identifying themselves as a licensed surgical assistant. Nothing
				  in these rules and regulations shall be construed to relieve the supervising
				  physician of the professional or legal responsibility for the care and
				  treatment of his or her patients. In addition, nothing in these rules and
				  regulations shall be construed to require licensure as a surgical assistant for
				  those individuals who are exempted, including registered nurses and physician
				  assistants, under §
									206.002 of the
				  Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 184 - SURGICAL ASSISTANTS › Section 184.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--Title 3, Subtitle
				C, Texas Occupations Code Annotated Chapter 206.
(2) Address of record--The mailing address of
				each licensee or applicant as provided to the agency pursuant to the
				Act.
(3) Advisory committee--An
				informal advisory committee to the board whose purpose is to advise the board
				regarding rules relating to the licensure, enforcement, and discipline of
				surgical assistants.
(4)
				APA--Administrative Procedure Act, Texas Government Code, Chapter 2001 as
				amended.
(5) Applicant--A person
				seeking a surgical assistant license from the board.
(6) Board--The Texas Medical Board.
(7) Delegating physician--A physician
				licensed by the board who delegates, to a licensed surgical assistant, surgical
				assisting and oversees and accepts responsibility for that surgical
				assisting.
(8) Direct
				supervision--Supervision by a delegating physician who is physically present
				and personally directs delegated acts, and remains immediately available in the
				operating room to respond to any emergency until the patient is released from
				the operating room or care and has been transferred to another
				physician.
(9) Submit--The term
				used to indicate that a completed item has been actually received and
				date-stamped by the board along with all required documentation and fees, if
				any.
(10) Surgical assistant--A
				person licensed as a surgical assistant by the Texas Medical Board.
(11) Surgical or first assisting--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.
(12) Military
				service member--A person who is on active duty.
(13) Military spouse--A person who is married
				to a military service member.
(14)
				Military veteran--A person who served on active duty and who was discharged or
				released from active duty.
(15)
				Active duty--A person who is currently serving as full-time military service
				member in the armed forces of the United States or active duty military service
				as a member of the Texas military forces, as defined by Section
				437.001, Government
				Code, or similar military service of another state.
(16) Armed forces of the United States--Army,
				Navy, Air Force, Coast Guard, or Marine Corps of the United States or a reserve
				unit of one of those branches of the armed forces.