HBA-JRA S.B. 1223 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1223 By: Moncrief Public Health 4/28/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas does not authorize certified licensed vocational nurses to be certified to practice acupuncture. S.B. 1223 authorizes a certified licensed vocational nurse to be certified as an acudetox specialist, prohibits certain people from serving on the acupuncture board, and grants the State Board of Acupuncture Examiners rulemaking authority regarding continuing education requirements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the State Board of Acupuncture Examiners in SECTION 4 (Section 6.102, Article 4495b, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS HBA-JRA S.B. 1223 76(R) SECTION 1. Amends Section 6.118(a), Article 4495b, V.T.C.S. (Medical Practice Act), to authorize the Texas State Board of Medical Examiners (medical board) to certify a person as an acudetox specialist under this section if the person provides to the medical board documentation that the person is a certified licensed vocational nurse. SECTION 2. Amends Sections 6.04(b), (g), (h), and (i), Article 4495b, V.T.C.S., as follows: (b) Prohibits a person from serving on the State Board of Acupuncture Examiners (acupuncture board) if the person owns, operates, or has a financial interest in a school of acupuncture. (g) Provides that a person is not eligible for appointment as a public member of the acupuncture board if the person or person's spouse owns, operates, or has a financial interest in a school of acupuncture. (h) Prohibits a board member of a Texas trade association in the field of health care from being a member of the acupuncture board or an employee of the medical board who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, rather than 17, of the position classification salary schedule. (i) Prohibits the spouse of a board member of a Texas trade association in the field of health care from being a member of the acupuncture board or an employee of the medical board who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, rather than 17, of the position classification salary schedule. SECTION 3. Amends Section 6.07, Article 4495b, V.T.C.S., by amending Subsection (b) and adding Subsection (i), as follows: (b) Provides that, to be eligible for the examination, an applicant must be a graduate of a reputable, rather than acceptable, acupuncture school that meets certain standards. (i) Prohibits an applicant for a license to practice acupuncture from being required to appear before the acupuncture board or any of its committees unless the application raises questions about the applicant's physical or mental impairment, criminal conviction, or revocation of a professional license. SECTION 4. Amends Article 4495b, V.T.C.S., by adding Section 6.102, as follows: Sec. 6.102. CONTINUING EDUCATION. Authorizes the acupuncture board, by rule, to require a license holder to complete a certain number of hours continuing education courses approved by the acupuncture board in order to renew a license. Requires the acupuncture board to consider the approval of a course conducted by any knowledgeable health care provider or reputable school, state, or professional organization. SECTION 5. Prohibits the acupuncture board from adopting a rule before January 1, 2004, under Section 6.07(d), Article 4495b, V.T.C.S. that requires that a school of acupuncture operating in Texas on or before September 1, 1993, be accredited by, or a candidate for accreditation by, the Accreditation Commission for Acupuncture and Oriental Medicine. SECTION 6. Provides that Sections 6.07(b)(3) (requiring an applicant to be a graduate of a reputable acupuncture school) and 6.07(c) (providing the standards for a reputable acupuncture school), Article 4495b, V.T.C.S., do not apply to an applicant for a license to practice acupuncture if that applicant was enrolled in a school of acupuncture in this state on or before January 1, 1996, and has completed at least 1,350 hours of didactic or clinical instruction in acupuncture or the number of similar hours required by the National Certification Commission for Acupuncture and Oriental Medicine at the time the examination was taken by the applicant. SECTION 7.Emergency clause. Effective date: upon passage.