- Grad of an acceptable, approved school or similar training (in opinion of board)
- Taken and passed CNT through CCAOM, course and practical exam
- Completed 60 semester hours of general academic college level courses other than acu school
- At least 21yo
- Taken and passed w/in 3 attempts each component of the full NCCAOM examination
- Able to communicate in English
NOT a requirement for licensure /
- Associate degree from accredited community college or 4 year college or university
- Has successfully completed 90 hours of general academic courses, other than acu school
NOT sufficient to demonstrate ability to communicate in English /
- Associates degree from accredited community or 4 year college
Sufficient to demonstrate ability to communicate in English /
- Graduation from an acceptable approved school located in US or Canada
- Passage of one of 4 English language tests specialized in rules of Medical board
- At discretion of Acu Board, any other similar (to the 4 tests specified in the rules) validated exam testing English competency given by testing service with results reported directly to Board
Jurisprudence exam covers which subjects /
- Texas licensing requirements and other laws, rules, or regulations applicable to professional practice of acupuncture in Texas
Jurisprudence exam does NOT cover /
- Policies of Texas Acupuncture Board and Texas Medical Board applicable to the professional practice of acupuncture in this state and, in special circumstances, neighboring states
- Licensing requirements for states bordering Texas
What is outside the scope of practice for somebody licensed to practice acupuncture in Texas? /
- Prescription of dangerous drugs or controlled substances
What is within scope of practice for acupuncture in Texas? /
- Moxa
- Acu-point injection
- Administration of thermal or electrical treatments
- Recommendation of dietary guidelines, energy flow exercises, dietary or herbal supplements in conjunction with moxa, acu-point injection, admin of thermal or electrical treatments
What are grounds for license denial or disciplinary action by the Board? /
- Intemperate use of drugs or intoxicating liquors to the extent that, in Board opinion, it could endanger lives of patients
- Unable to practice acu w/ reasonable skill and with safety b/c of illness, drunkenness, or excessive use of drugs, narcotics, chemicals, or any other type of material b/c of any mental or physical condition
- Fails to practice in an acceptable manner consistent with public health and welfare
- Violates the Acupuncture Act or a rule adopted under the Acupuncture Act
- Engages in unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure a member of the public
- Convicted of crime involving moral turpitude or a felony or is the subject of deferred adjudication or pretrial diversion for such an offense
- Commits an act in violation of state law if the act is connected w/ the person’s practice as an acupuncturist
- Fraudulently or deceptively uses a license
NOT grounds for license denial or disciplinary action by the Board /
- Drinks moderately in evening and is not impaired the following morning when sees patients
- One-time arrest for driving while intoxicated
- Commits an act in violation of any state or federal law (only grounds if that law is connected w/ person’s practice as acupuncturist)
What constitutes unprofessional and dishonorable conduct likely to deceieve, defraud, or injure the public within the meaning of the Acu Act? /
- Becoming financially or personally involved with a patient in an inappropriate manner
- Failing to comply with a Board subpoena or request for information or action
- Failing to maintain the confidentiality of a patient
What does NOT constitute unpressional and dishonorable conduct likely to deceive, defraud, or injure the public w/in the meaning of the Acu Act? /
- Providing a patient copies of his or her records w/out charging an appropriate fee
On finding grounds exist to deny a license or take disciplinary action against an acupuncturist, the Board may choose the following action /
- Require the person to submit to the care, counseling, or treatment of a health care practitioner
- Require the person to participate in a program of education or counseling prescribed by the Board
- Require the person to practice under the direction of an acupuncturist designated by the acupuncture board for a specified period of time
- Suspend, limit, or restrict a person’s license, including limiting of practice of the person to, or excluding from practice, one or more specified activities of acupuncture or stipulating period review by acupuncture board
Acupuncturist may perform acupuncture on a person if the person… /
- Was evaluated by a physician or dentist, as appropriate, for the condition being treated within 12 mos before the date acupuncture was performed
An acupuncturist treating a person referred by a chiropractor shall refer that person to a physician after performing acupuncture when? /
- After performing acu 20 times or for 30 days, whichever occurs first, if substantial improvement does not occur in the person’s condition for which the referral was made
- The Board rules provide 20 times in 2 mos
- A statute takes precedence over a board rule
Treating a person referred by a chiro shall refer to a physician when? /
- Statute provides that it’s after performing acu 20 times or for 30 days, whichever occurs first, if substantial improvement does not occur in person’s condition for which referral was made
- Board rules provide 20x in 2mos, statute takes precedent over board rule
Conditions able to treat w/out referral or eval by a physician /
- Smoking addiction
- Weight loss
- Alcoholism*
- Chronic pain*
- Substance abuse
If treat for chronic pain, alcoholism* /
- Must recommend eval by licensed Texas physician or dentist, as appropriate, after performing acu 20x or for two months, whichever occurs first, if no substantial improvement
If patient has not been evaluated by physician or dentist as appropriate for condition w/in 6 mos of date acu performed, acupuncturist subject to… /
- Subject to revocation of license after notice and a hearing
Board may require licensee or applicant to submit mental and/or physical examination by physician or physicians designated by board if board has probably cause to believe licensee impaired based on: /
- Sworn statements from 2 ppl, willing to testify before the Board
- Sworn statement from official rep of Texas Association of Acupuncturists or Texas Association of Oriental Medicine stating the resp is willing to testify
When is an acu license subject to renewal /
- Annually
If licensed is expired, what is true? /
- May not practice after expiration date of license until license has been renewed
What happens if you practice after expiration date of license? /
- May subject to disciplinary action by the Board
- May subject to criminal penalties for practicing w/out a license
How to renew a license /
- If unexpired, pay required renewal fee before expiration date of license
- If expired for 90days or less, renew by paying fee in amount equal to 1.5x renewal fee
- If expired longer than 90days but less than one year, renew license by paying to medical board amt equal to 2x fee
- If expired 1 year or longer, may not renew and it’s automatically cancelled (unless and investigation is pending)
- “Note, however, that the acupuncturist must also submit an application for renewal of the license” is this in all cases?
Prerequisite to annual registration of license, how many hours of continuing ed each year? /
- 17 hours
CAE courses must meet what requirements? /
- Designated or otherwise approved for credit by Texas State Board of Acupuncture Examiners at time courses were taken based on review and recommendation of course content by Education Committee of the Board
- Offered by approved providers
- Have been approved for CAE credit for a minimum of three years by another state acupuncture board having first gone through a formal approval process
Breakdown of continuing ed requirements /
- At least 8 hours of general acupuncture
- At least 1 hour in ethics
- At least 2 hours in herbology
How many continuing ed hours may be from courses primarily relating to practice enhancement or business or office admin? /
- No more than 2
How to report continuing ed hours? /
- Must report whether licensee has completed required acu education during previous year (but not a breakdown of which courses unless asked for)
- Board may require written verification and licensee must provide it w/in 30 calendar days of date of request
- Failure of acupuncturist to obtain and timely report required number of continuing ed hours will result in non-renewal of license until such time as acu obtains and reports required hours
When may you request an exemption from annual minimum continuing ed requirements? /
- Catastrophic illness
- Military service longer than 1yr
- Acupuncture practice and residence longer than 1yr outside US
- Or good cause showing acupuncturist unable to comply with requirements
For purpose of directing complaints to Board, acupuncturist must provide, in English and Spanish, notification to the public of the name, mailing address, telephone # of the Board. What are authorized methods of doing so? /
- a sign prominently displayed in place of business of acupuncturist
- in each bill for service provided
- or on each registration form, application, or written contract for services
Board-approved notification languages? /
- Must be in English and Spanish
If Board requests patient records, must be furnished to Board in how many days? /
- 14 days of the request
At a minimum, patient records must be maintained in what language? /
- English
Patient records must indicate what items? /
- Patient’s name and address
- Vital signs
- Chief complaint of patient
- Patient history
- Treatment plan for each visit or consultation
- Notation of any herbal medications, including amounts and forms, and other modalities used in course of treatment w/ corresponding dates for such treatment
- System of billing records which accurately reflect patient names, services rendered, date of services rendered, amount charged or billed for each service rendered
- Written record of whether or not evaluated by physician, dentist, as appropriate, for condition being treated w/in 12mos before date acu performed
- Written record regarding whether or not a patient was referred to a physician after acu peformed 20x or 2mos whichever occurs first as required in regard to tx of patients referred by chiro
- In case of chiro referrals, record date of referral and most recent date of chiro treatment prior to acu treatment
- Reasonable documentation that eval required by 183.7 was performed (**what’s this?**) or in the event licrensee unable to determine if eval took place a written statement signed by patient stating has evaluated by physician w/in required time frame required by the Board
What title used for marketing materials? /
- Licensed Acupuncturist
- Lic. Ac.
- L. Ac.
What insurance-related claims or events must acupuncturist report to Board (if insurance carrier does not?) /
- Any cause of action against acu for treatment, lack of treatment, or other claimed departure from accented standards of health care or safety which proximately results in injury or death of patient
License # must appear on what? /
- All written advertising
- Exceptions: billboards; business cards; office, clinic or facility signs on the premesis; single-line telephone number listings
What is an acudetox specialist? /
- Certified to practice auricular acu for limited purpose of treating alcoholism, substance abuse, chemical dependency
How to qualify as an acudtox specialist? /
- Licensed social worker, licensed professional counselor, licensed psychologist, licensed chemical dependency counselor, licensed vocational nurse, licensed registered nurse
- Must complete training program in acu detox that meets guidelines approved by medical board
- Must pay a certification fee
Limits of practice for acudetox specialist /
- May practice only under supervision of licensed acupuncturist OR physician
- May NOT practice unsupervised w/ either the above on the phone
Acu and advertising /
- May use term “Board certified” if ad also discloses complete name of board which conferred the referenced certification
- May not use “Board certified” if has expired and not been renewed at time of publication of ad
Uses of word “doctor” /
- May not use title “doctor” if its use implies acupuncturist is a physician or medical doctor
- May use title “doctor” as any manner of professional identification, including sign, pamphlet, or letterhead, but only if authority under which title used or college or honorary degree that gives rise to the use of the title is also designated
What types of claims is acupuncturist required to report to board? /
- Professional liability claims (ie any lawsuit against an acupuncturist for treatment, lack of treatment, or other claimed departure from accepted standards of health care safety that results in injury or death of patient)
What types of claim are you NOT required to report to the Board? /
- Antitrust allegations
- Allegations involving improper peer review activities
- Allegations of liability for injuries on acu property, but not involving breach of duty to patient
What is required in terms of senior abuse, ie person 65years or old or diabled person is in a state of abuse, neglect, exploitation, when do we have to report the abuse? /
- Without regard to any professional or medical training a person has a duty to report to Texas Dep of Family and Protective Services
What is NOT true about reporting senior/disabled abuse /
- That only a physician has duty to report
- That only PA or nurse practitioner has duty to report
- That there is no duty, but that you may report if you want
What constitutes “neglect” of an elderly person? /
- Failure of caretaker to provide to elderly or disabled person goods or services, incl medical services, necessary to avoid physical or emotional harm or pain
- Failure of elderly or disabled person to provide for himself or herself the goods or services, including medical services, necessary to avoid physical or emotional pain
What constitutes “exploitation” of an elderly or disabled person? /
- Using resources of elderly or disabled person for monetary or personal benefit, profit, or gain if the person using the resources is a caretaker, family member, or other individual who has an ongoing relationship with the person
- Only if that person did not obtain the informed consent of the elderly or disabled person
Under Medical Practice Act, who is required to report to the Medical Board the practice of a physician if, in the opinion of the person, the physician poses a continuing threat to the public welfare through the practice of medicine /
- A medical peer review committee in this state
- A physician licensed in this state or otherwise lawfully practicing in this state
- A physician engaged in graduate medical education or training
- A medical student
- A PA or acupuncturist licensed in this state or otherwise lawfully practicing in this state
- A PA student or acupuncture student
Who has a duty to report to Texas Dep of Family and Protective Services if they have cause to believe a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person? /
- All people, regardless of occupation, who are granted licensure or certification through the state and in the normal course of official duties has direct contact with children
“Abuse” of child includes what? /
- Mental or emotional injury to a child resulting in observable and material impairment in the child’s growth, development, or psychological functioning
- Causing or permitting child to be in situation in which child sustains mental or emotional injury that results in observable and material impairment of same
- Physical injury resulting in substantial harm to child, or genuine threat of substantial harm from physical injury to the child, including injury that is at variance w/ history or explanation given and excluding accident or reasonable discipline by parent, guaradian, or manager of child that does not expose child to substantial risk or harm
- Failure to make reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to child
- Sexual conduct harmful to child’s mental, emotional, physical welfare, include that which constitutes indecency, sexual assault, aggravated sexual assault
- Failure to make a reasonable effort to prevent sexual conduct harmful to a child
- Compelling or encouraging child to engage in sexual conduct
- Causing, permitting, encouraging, engaging in, or allowing the photographying, filming, depicting of child if person knew or should have known that such was obscene or pornographic
- Current use by person of controlled substance in manner that it results in injury to child
- Causing, expressly permitting, encouraging child to use controlled substnce
- Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child
“Neglect” of child includes what? /
- Leaving in situation where child would be exposed to substantial risk of physical or mental harm, w/out arranging for necessary care of child, and demonstration of intent not to return by parent, guardian, etc
- Placing child in or failing to remove from situation that a reasonable person would realize requires judgement or actions beyond child’s level of maturity, physical condition, or mental abilities and that result in bodily injury or substantial risk of immediate harm to child
- Failing to seek, obtain, follow through with medical care for child, w/ failure resulting in substantial risk of death, disfigurement, bodily injury or impairment to growth etc
- Failure to provide w/ food, clothing, shelter necessary to sustain life or health, excluding that caused by financial inability unless relief services have been offered and refused
- Placing child in or failing to remove from situation in which child would be exposed to substantial risk of sexual misconduct
- Placing child in or failing to remove in which child would be exposed to acts or omissions that constitute abuse
- Failure of person responsible for child’s care, custody, or welfare to permit the child to return to the child’s home w/out arranging necesry care for child after child has been absent from home for any reason, including having been in residential replacement or running away
Legal definition of child with respect to neglect or abuse? /
- Under 18yo
- Not and has never been married
- Not had disabilities of minority removed for general purposes
How often is acu board authorized to meet yearly? /
- Up to 4x/year
General powers, duties of Board /
- Establish qualifications for an acupuncturist to practice in this state
- Establish minimum education and training requirements necessary for acu board to recommend that medical board issue a license to practice acupuncture
- Administer exam that is validated by independent testing professionals for a license to practice acupuncture
- Develop requirements for licensure by endorsement of other states
- Prescribe app form for a license to practice acupuncture
- Recommend rules to establish licensing and other fees
- Establish requirements of tutorial program for acu students who have comlete at least 48hr college
- Recommend additional rules as are necessary to administer and enforce this chapter