SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 205.001 - Definitions
In this chapter: (1) "Acudetox specialist" means a person certified under Section 205.303. (2) "Acupuncture" means: (A) the nonsurgical, nonincisive insertion of an acupuncture needle...
SUBCHAPTER B TEXAS STATE BOARD OF ACUPUNCTURE EXAMINERS
- Texas Section 205.003 - Exemption; Limitation
(a) This chapter does not apply to a health care professional licensed under another statute of this state and acting within the scope of the...
- Texas Section 205.051 - Board; Membership
(a) The Texas State Board of Acupuncture Examiners consists of nine members appointed by the governor with the advice and consent of the senate as...
- Texas Section 205.052 - Public Member Eligibility
A person is not eligible for appointment as a public member of the acupuncture board if the person or the person's spouse: (1) is registered,...
- Texas Section 205.053 - Membership And Employee Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 205.054 - Terms; Vacancies
(a) Members of the acupuncture board serve staggered six-year terms. The terms of three members expire on January 31 of each odd-numbered year. (b) A...
- Texas Section 205.055 - Presiding Officer
The governor shall designate an acupuncturist member of the acupuncture board as presiding officer. The presiding officer serves in that capacity at the will of...
- Texas Section 205.056 - Grounds For Removal
(a) It is a ground for removal from the acupuncture board that a member: (1) does not have at the time of appointment the qualifications...
- Texas Section 205.057 - Training
(a) A person who is appointed to and qualifies for office as a member of the acupuncture board may not vote, deliberate, or be counted...
- Texas Section 205.058 - Qualifications And Standards Of Conduct Information
The executive director or the executive director's designee shall provide, as often as necessary, to members of the acupuncture board information regarding their: (1) qualifications...
- Texas Section 205.059 - Compensation; Per Diem
An acupuncture board member may not receive compensation for service on the acupuncture board but is entitled to receive a per diem as set by...
SUBCHAPTER C POWERS AND DUTIES OF ACUPUNCTURE BOARD AND MEDICAL BOARD
- Texas Section 205.060 - Application Of Open Meetings, Open Records, And Administrative Procedure Laws
Except as provided by this chapter, the acupuncture board is subject to Chapters 551, 552, and 2001, Government Code. Acts 1999, 76th Leg., ch. 388,...
- Texas Section 205.101 - General Powers And Duties Of Acupuncture Board
(a) Subject to the advice and approval of the medical board, the acupuncture board shall: (1) establish qualifications for an acupuncturist to practice in this...
- Texas Section 205.102 - Assistance By Medical Board
(a) The medical board shall provide administrative and clerical employees as necessary to enable the acupuncture board to administer this chapter. (b) Subject to the...
- Texas Section 205.103 - Fees
The medical board shall set and collect fees in amounts that are reasonable and necessary to cover the costs of administering and enforcing this chapter...
- Texas Section 205.104 - Rules Restricting Advertising Or Competitive Bidding
(a) The medical board may not adopt rules under this chapter restricting advertising or competitive bidding by a license holder except to prohibit false, misleading,...
- Texas Section 205.1041 - Guidelines For Early Involvement In Rulemaking Process
(a) The acupuncture board shall develop guidelines to establish procedures for receiving input during the rulemaking process from individuals and groups that have an interest...
- Texas Section 205.1045 - Rules On Consequences Of Criminal Conviction
The acupuncture board shall adopt rules and guidelines as necessary to comply with Chapter 53, except to the extent the requirements of this chapter are...
- Texas Section 205.106 - Use Of Technology
Subject to the advice and approval of the medical board, the acupuncture board shall implement a policy requiring the acupuncture board to use appropriate technological...
SUBCHAPTER D PUBLIC ACCESS AND INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 205.107 - Negotiated Rulemaking And Alternative Dispute Resolution Policy
(a) Subject to the advice and approval of the medical board, the acupuncture board shall develop and implement a policy to encourage the use of:...
- Texas Section 205.151 - Public Interest Information
(a) The acupuncture board shall prepare information of public interest describing the functions of the acupuncture board and the procedures by which complaints are filed...
- Texas Section 205.152 - Complaints
(a) The acupuncture board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number...
- Texas Section 205.1521 - Conduct Of Investigation
The acupuncture board shall complete a preliminary investigation of a complaint received by the acupuncture board not later than the 30th day after the date...
SUBCHAPTER E LICENSE REQUIREMENTS
- Texas Section 205.153 - Public Participation
(a) Subject to the advice and approval of the medical board, the acupuncture board shall develop and implement policies that provide the public with a...
- Texas Section 205.201 - License Required
Except as provided by Section 205.303, a person may not practice acupuncture in this state unless the person holds a license to practice acupuncture issued...
- Texas Section 205.202 - Issuance Of License
(a) The acupuncture board shall issue a license to practice acupuncture in this state to a person who meets the requirements of this chapter and...
- Texas Section 205.203 - License Examination
(a) An applicant for a license to practice acupuncture must pass an acupuncture examination and a jurisprudence examination approved by the acupuncture board as provided...
- Texas Section 205.204 - Application For Examination
An application for examination must be: (1) in writing on a form prescribed by the acupuncture board; (2) verified by affidavit; (3) filed with the...
- Texas Section 205.2045 - Appearance Of Applicant Before Acupuncture Board
An applicant for a license to practice acupuncture may not be required to appear before the acupuncture board or a committee of the acupuncture board...
- Texas Section 205.205 - Examination Results
(a) Not later than the 30th day after the date a licensing examination is administered under this chapter, the acupuncture board shall notify each examinee...
- Texas Section 205.206 - Acupuncture Schools
(a) A reputable acupuncture school, in addition to meeting standards set by the acupuncture board, must: (1) maintain a resident course of instruction equivalent to...
- Texas Section 205.207 - Reciprocal License
The medical board may waive any license requirement for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license from...
SUBCHAPTER F LICENSE RENEWAL
- Texas Section 205.208 - Temporary License
(a) The acupuncture board may, through the executive director, issue a temporary license to practice acupuncture to an applicant who: (1) submits an application on...
- Texas Section 205.251 - Annual Renewal Required
(a) The medical board by rule shall provide for the annual renewal of a license to practice acupuncture. (b) The medical board by rule may...
- Texas Section 205.252 - Notice Of License Expiration
Not later than the 30th day before the expiration date of a person's license, the medical board shall send written notice of the impending license...
- Texas Section 205.253 - Procedure For Renewal
(a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the medical...
- Texas Section 205.254 - Renewal Of Expired License By Out-of-state Practitioner
(a) The medical board may renew without reexamination the license of a person who was licensed to practice acupuncture in this state, moved to another...
SUBCHAPTER G PRACTICE BY LICENSE HOLDER
- Texas Section 205.255 - Continuing Education
(a) The acupuncture board by rule may require a license holder to complete a certain number of hours of continuing education courses approved by the...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER H DISCIPLINARY PROCEDURES
- Texas Section 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)...
- Texas Section 205.351 - Grounds For License Denial Or Disciplinary Action
(a) A license to practice acupuncture may be denied or, after notice and hearing, a license holder may be subject to disciplinary action under Section...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 205.3543 - Roles And Responsibilities Of Participants In Informal Proceedings
(a) An acupuncture board member that serves as a panelist at an informal meeting under Section 205.3541 shall make recommendations for the disposition of a...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER I CRIMINAL PENALTIES AND OTHER ENFORCEMENT PROVISIONS
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER J ADMINISTRATIVE PENALTIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...