Bill Text: TX HB4889 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the provision of acupuncture services by a chiropractor under a certificate issued by the Texas Board of Chiropractic Examiners.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Public Health [HB4889 Detail]
Download: Texas-2023-HB4889-Introduced.html
88R2651 JTZ-F | ||
By: Raymond | H.B. No. 4889 |
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relating to the provision of acupuncture services by a chiropractor | ||
under a certificate issued by the Texas Board of Chiropractic | ||
Examiners. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 201.002(a)(3), Occupations Code, is | ||
amended to read as follows: | ||
(3) "Incisive or surgical procedure" includes making | ||
an incision into any tissue, cavity, or organ by any person or | ||
implement. The term does not include the use of: | ||
(A) a needle for the purpose of drawing blood for | ||
diagnostic testing; or | ||
(B) an acupuncture needle for the purpose of | ||
treating a condition within the scope of practice of chiropractic. | ||
SECTION 2. Section 201.356, Occupations Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) As part of the minimum number of hours of continuing | ||
education required to renew a license, the board shall require a | ||
license holder who is authorized to provide acupuncture services | ||
under Section 201.454 to complete not less than eight hours of | ||
continuing education relating to acupuncture. | ||
SECTION 3. Subchapter J, Chapter 201, Occupations Code, is | ||
amended by adding Section 201.454 to read as follows: | ||
Sec. 201.454. ACUPUNCTURE SERVICES CERTIFICATE. The board | ||
shall issue a certificate authorizing a chiropractor to provide | ||
acupuncture services for a condition within the scope of practice | ||
of chiropractic if the chiropractor submits proof to the board that | ||
the chiropractor has completed not less than 100 hours of didactic | ||
and practical training in the use and administration of | ||
acupuncture, as determined by board rule, as part of a bona fide | ||
reputable doctor of chiropractic degree program or at an | ||
acupuncture school approved by the Texas State Board of Acupuncture | ||
Examiners. | ||
SECTION 4. Section 201.502, Occupations Code, is amended by | ||
amending Subsection (a) and adding Subsection (b-1) to read as | ||
follows: | ||
(a) The board may refuse to admit a person to examinations | ||
and may revoke or suspend a license or place a license holder on | ||
probation for a period determined by the board for: | ||
(1) violating this chapter or a rule adopted under | ||
this chapter, including committing an act prohibited under Section | ||
201.5025; | ||
(2) engaging in deception or fraud in the practice of | ||
chiropractic; | ||
(3) presenting to the board or using a license, | ||
certificate, or diploma or a transcript of a license, certificate, | ||
or diploma that was illegally or fraudulently obtained, | ||
counterfeited, or materially altered; | ||
(4) presenting to the board an untrue statement or a | ||
document or testimony that was illegally used to pass the | ||
examination; | ||
(5) being convicted of a crime involving moral | ||
turpitude or a felony; | ||
(6) procuring or assisting in the procuring of an | ||
abortion; | ||
(7) engaging in grossly unprofessional conduct or | ||
dishonorable conduct of a character likely to deceive or defraud | ||
the public; | ||
(8) having a habit of intemperance or drug addiction | ||
or another habit that, in the opinion of the board, endangers the | ||
life of a patient; | ||
(9) using an advertising statement that is false or | ||
that tends to mislead or deceive the public; | ||
(10) directly or indirectly employing or associating | ||
with a person who, in the course of the person's employment, commits | ||
an act constituting the practice of chiropractic when the person is | ||
not licensed to practice chiropractic; | ||
(11) advertising professional superiority, or | ||
advertising the performance of professional services in a superior | ||
manner, if that advertising is not readily subject to verification; | ||
(12) purchasing, selling, bartering, using, or | ||
offering to purchase, sell, barter, or use a chiropractic degree, | ||
license, certificate, or diploma or transcript of a license, | ||
certificate, or diploma in or relating to an application to the | ||
board for a license to practice chiropractic; | ||
(13) altering with fraudulent intent a chiropractic | ||
license, certificate, or diploma or transcript of a chiropractic | ||
license, certificate, or diploma; | ||
(14) impersonating or acting as proxy for another in | ||
an examination required by this chapter for a chiropractic license; | ||
(15) impersonating a licensed chiropractor; | ||
(16) allowing one's chiropractic license to be used by | ||
another person to practice chiropractic; | ||
(17) being proved insane by a person having authority | ||
to make that determination; | ||
(18) failing to use proper diligence in the practice | ||
of chiropractic or using gross inefficiency in the practice of | ||
chiropractic; | ||
(19) failing to clearly differentiate a chiropractic | ||
office or clinic from another business or enterprise; | ||
(20) personally soliciting a patient or causing a | ||
patient to be solicited by the use of a case history of another | ||
patient of another chiropractor; | ||
(21) using for the purpose of soliciting patients an | ||
accident report prepared by a peace officer in a manner prohibited | ||
by Section 38.12, Penal Code; | ||
(22) advertising using the term "physician" or | ||
"chiropractic physician" or any combination or derivation of the | ||
term "physician"; [ |
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(23) advertising in a manner that implies the license | ||
holder is authorized to offer the full range of acupuncture | ||
treatments or services as a person licensed under Chapter 205, | ||
including advertising using the terms or phrases "acupuncturist," | ||
"licensed acupuncturist," "L.Ac.," "traditional Chinese medicine," | ||
"degreed in acupuncture," or "Board Certified in Acupuncture"; or | ||
(24) failing to submit fingerprints to the board or | ||
Department of Public Safety to enable the board to obtain criminal | ||
history record information as required by Section 201.313. | ||
(b-1) Notwithstanding Subsection (a)(23), a license holder | ||
may use the phrase "Board Certified in Chiropractic Acupuncture" if | ||
the license holder is certified to provide acupuncture services | ||
under Section 201.454. | ||
SECTION 5. The Texas Board of Chiropractic Examiners shall | ||
issue a certificate under Section 201.454, Occupations Code, as | ||
added by this Act, to a chiropractor who: | ||
(1) applies to the board for the issuance of the | ||
certificate on or before September 1, 2024; | ||
(2) as of August 31, 2023, was authorized to provide | ||
acupuncture services under board rules in existence on that date; | ||
and | ||
(3) submits to the board proof of completion of the | ||
training required by board rules described by Subdivision (2) of | ||
this section. | ||
SECTION 6. This Act takes effect September 1, 2023. |