HBA-MPM. S.B. 643 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 643
By: Madla
Public Health
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law does not include evaluation and assessment of a condition in
the definition of acupuncture, nor does it specify whether an acupuncturist
may treat a patient for alcoholism or chronic pain without referral from a
physician, dentist, or chiropractor.  Additionally, acupuncturists are not
represented on the medical advisory committee (advisory committee) of the
Texas Workers Compensation Commission, and an acupuncturist is not included
in the definition of "provider" for purposes of the Texas Health
Maintenance Organization Act.  Senate Bill 643 requires the Texas State
Board of Medical Examiners to determine whether an acupuncturist may treat
a patient for alcoholism or chronic pain without a referral, adds an
acupuncturist to the advisory committee, and includes an acupuncturist in
the definition of "provider" for purposes of the Texas Health Maintenance
Organization Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Medical
Examiners in SECTION 2 (Section 205.302, Occupations Code) and SECTION 5 of
this bill. 

ANALYSIS

Senate Bill 643 amends the Occupations Code to include the evaluation and
assessment of a human condition in the definition of "acupuncture."  The
bill modifies the definition of "acupuncturist" to mean a person who
directly or indirectly charges a fee for the performance of acupuncture
services. 

The bill requires the Texas State Board of Medical Examiners (board) after
notice and public hearing to determine by rule no later than December 1,
2001 whether an acupuncturist may treat a patient for alcoholism or chronic
pain without a referral from a physician, dentist, or chiropractor. The
board is required to make the determination based on clinical evidence and
what the board determines to be in the best interest of affected patients. 

S.B. 543 amends the Labor Code to include an acupuncturist among those
individuals who comprise the membership of the Texas Workers Compensation
Commission medical advisory committee.   

The bill amends the Insurance Code to include an acupuncturist in the
definition of "provider" for purposes of the Texas Health Maintenance
Organization Act. 

EFFECTIVE DATE

September 1, 2001.