Bill Text: TX HB943 | 2021-2022 | 87th 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) 2021-03-01 - Referred to Public Health [HB943 Detail]

Download: Texas-2021-HB943-Introduced.html
  87R587 MAW-F
 
  By: Raymond H.B. No. 943
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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"; [or]
               (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, 2022;
               (2)  as of August 31, 2021, 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, 2021.
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