HBA-MPM H.B. 2050 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2050
By: Thompson
Public Health
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, acupuncturists are subject to the regulatory authority of the
Board of Medical Examiners (board) in the same manner that physicians and
other practitioners are regulated by the board. Current law gives the
Acupuncture Board very little power or authority, as all significant
actions are subject to the approval of the board.  Additionally, current
law strictly limits the ability of acupuncturists to practice their
profession, requiring that a patient first be evaluated by a physician,
chiropractor, or dentist before being treated with acupuncture for certain
disorders.  Acupuncturists are also restricted from using the title of
"Doctor." 

H.B. 2050 changes the title of a licensed acupuncturist to "Doctor of
Oriental Medicine."  The bill further grants the Acupuncture Board freedom
from the board by allowing it to set licensing fees and establish minimum
educational requirements.  Additionally, this bill deletes a provision in
current law allowing licensure through tutorial programs and allows
acupuncturists to treat several additional disorders without requiring a
patient to first be evaluated by a physician. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 6.02, Medical Practice Act, to define "Doctor of
Oriental Medicine" as a person who practices acupuncture, rather than
assigning this definition to "acupuncturist," which is deleted.  Provides
that "doctor of oriental medicine" has the same meaning as "acupuncturist"
for purposes of this subchapter. 

SECTION 2.  Amends Section 6.05, Medical Practice Act, to delete the
requirement that the acupuncture board (board), subject to the advice and
approval of the medical board, establish minimum educational training and
requirements necessary for the acupuncture board to recommend that the
medical board issue a license to practice acupuncture.  Further deletes the
requirement that the board establish requirements for a tutorial program
for students who have completed at least 48 semester hours of college.
Requires the board, without the advice and approval of the medical board,
to establish minimum educational and training requirements necessary for
the board to recommend that the medical board issue a license to practice
acupuncture.  Requires that these requirements be the same as the minimum
established by the National Accreditation Commission for Schools and
Colleges of Acupuncture and Oriental Medicine.  Makes conforming and
nonsubstantive changes. 

SECTION 3.  Amends Section 6.07(d), Medical Practice Act, to require the
board to adopt, rather than  authorize it to consider, the same standards
set by the National Accreditation Commission for Schools and Colleges of
Acupuncture and Oriental Medicine in establishing standards for the
entrance requirements and course of instruction of an acupuncture school.  

SECTION 4.  Amends Section 6.075, Medical Practice Act, to authorize the
board, through the executive director of the medical board, to issue a
temporary license to an applicant who pays the appropriate fee prescribed
by the acupuncture board, rather than the medical board. 

 SECTION 5.  Amends Section 6.09, Medical Practice Act, to make conforming
changes. 

SECTION 6.  Amends Sections 6.10 (d), (e), (f), and (h), Medical Practice
Act, to make conforming changes.  

SECTION 7.  Amends Sections 6.115(a) and (f), Medical Practice Act,  as
follows: 

(a)  Requires a license to practice acupuncture to be denied, or, after
notice and hearing, revoked if the license holder has performed acupuncture
on a person who was not evaluated by a physician or dentist, as
appropriate, for the condition being treated within 12, rather than six,
months before the date acupuncture was performed, except as provided by
Subsection (b) of this section. 

(f)  Authorizes a currently-licensed acupuncturist to perform acupuncture
on a person for certain medical conditions without the person having been
evaluated by, rather than referred from, a physician, dentist, or
chiropractor.  Makes a nonsubstantive change. 

SECTION 8.Emergency clause.
  Effective date: upon passage.