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.