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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES

CHAPTER 205. ACUPUNCTURE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 205.001. DEFINITIONS. In this chapter:

(1) "Acudetox specialist" means a person certified under Section

205.303.

(2) "Acupuncture" means:

(A) the nonsurgical, nonincisive insertion of an acupuncture

needle and the application of moxibustion to specific areas of

the human body as a primary mode of therapy to treat and mitigate

a human condition, including evaluation and assessment of the

condition; and

(B) the administration of thermal or electrical treatments or

the recommendation of dietary guidelines, energy flow exercise,

or dietary or herbal supplements in conjunction with the

treatment described by Paragraph (A).

(3) "Acupuncture board" means the Texas State Board of

Acupuncture Examiners.

(4) "Acupuncturist" means a person who:

(A) practices acupuncture; and

(B) directly or indirectly charges a fee for the performance of

acupuncture services.

(5) "Chiropractor" means a person licensed to practice

chiropractic by the Texas Board of Chiropractic Examiners.

(6) "Executive director" means the executive director of the

Texas Medical Board.

(7) "Medical board" means the Texas Medical Board.

(8) "Physician" means a person licensed to practice medicine by

the Texas Medical Board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 719, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.01, eff. September 1, 2005.

Sec. 205.003. EXEMPTION; LIMITATION. (a) This chapter does not

apply to a health care professional licensed under another

statute of this state and acting within the scope of the license.

(b) This chapter does not:

(1) limit the practice of medicine by a physician;

(2) permit the unauthorized practice of medicine; or

(3) permit a person to dispense, administer, or supply a

controlled substance, narcotic, or dangerous drug unless the

person is authorized by other law to do so.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. TEXAS STATE BOARD OF ACUPUNCTURE EXAMINERS

Sec. 205.051. BOARD; MEMBERSHIP. (a) The Texas State Board of

Acupuncture Examiners consists of nine members appointed by the

governor with the advice and consent of the senate as follows:

(1) four acupuncturist members who have at least five years of

experience in the practice of acupuncture in this state and who

are not physicians;

(2) two physician members experienced in the practice of

acupuncture; and

(3) three members of the general public who are not licensed or

trained in a health care profession.

(b) Appointments to the acupuncture board shall be made without

regard to the race, color, disability, sex, religion, age, or

national origin of the appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.02, eff. September 1, 2005.

Sec. 205.052. PUBLIC MEMBER ELIGIBILITY. A person is not

eligible for appointment as a public member of the acupuncture

board if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational

regulatory agency in the field of health care;

(2) is employed by or participates in the management of a

business entity or other organization regulated by the medical

board or receiving funds from the medical board or acupuncture

board;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by the medical board or acupuncture board or receiving

funds from the medical board;

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the medical board or acupuncture board,

other than compensation or reimbursement authorized by law for

acupuncture board membership, attendance, or expenses; or

(5) owns, operates, or has a financial interest in a school of

acupuncture.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.056(a), eff.

Sept. 1, 2001.

Sec. 205.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In

this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) An officer, board member, employee, or paid consultant of a

Texas trade association in the field of health care may not be 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, of the

position classification salary schedule.

may not be a medical board employee in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of health care; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of health

care.

(d) A person may not be a member of the acupuncture board or act

as general counsel to the acupuncture board or the medical board

if the person is required to register as a lobbyist under Chapter

305, Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the medical board or acupuncture board.

(e) A person may not serve on the acupuncture board if the

person owns, operates, or has a financial interest in a school of

acupuncture.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.056(b), eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.03, eff. September 1, 2005.

Sec. 205.054. TERMS; VACANCIES. (a) Members of the acupuncture

board serve staggered six-year terms. The terms of three members

expire on January 31 of each odd-numbered year.

(b) A vacancy on the acupuncture board shall be filled by

appointment of the governor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.055. PRESIDING OFFICER. The governor shall designate

an acupuncturist member of the acupuncture board as presiding

officer. The presiding officer serves in that capacity at the

will of the governor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.04, eff. September 1, 2005.

Sec. 205.056. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the acupuncture board that a member:

(1) does not have at the time of appointment the qualifications

required by Sections 205.051 and 205.052;

(2) does not maintain during service on the acupuncture board

the qualifications required by Sections 205.051 and 205.052;

(3) violates a prohibition established by Section 205.053;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

acupuncture board meetings that the member is eligible to attend

during a calendar year.

(b) The validity of an action of the acupuncture board is not

affected by the fact that it is taken when a ground for removal

of an acupuncture board member exists.

ground for removal of an acupuncture board member exists, the

executive director shall notify the presiding officer of the

acupuncture board of the potential ground. The presiding officer

shall then notify the governor and the attorney general that a

potential ground for removal exists. If the potential ground for

removal involves the presiding officer, the executive director

shall notify the next highest officer of the acupuncture board,

who shall notify the governor and the attorney general that a

potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.057. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the acupuncture board may not

vote, deliberate, or be counted as a member in attendance at a

meeting of the acupuncture board until the person completes a

training program that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) this chapter;

(2) the programs operated by the acupuncture board;

(3) the role and functions of the acupuncture board;

(4) the rules of the acupuncture board;

(5) the current budget for the acupuncture board;

(6) the results of the most recent formal audit of the

acupuncture board;

(7) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts of interest;

and

(8) any applicable ethics policies adopted by the acupuncture

board or the Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.05, eff. September 1, 2005.

Sec. 205.058. QUALIFICATIONS AND STANDARDS OF CONDUCT

INFORMATION. The executive director or the executive director's

designee shall provide, as often as necessary, to members of the

acupuncture board information regarding their:

(1) qualifications for office under this chapter; and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.059. COMPENSATION; PER DIEM. An acupuncture board

member may not receive compensation for service on the

acupuncture board but is entitled to receive a per diem as set by

legislative appropriation for transportation and related expenses

incurred for each day that the member engages in the acupuncture

board's business.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.060. APPLICATION OF OPEN MEETINGS, OPEN RECORDS, AND

ADMINISTRATIVE PROCEDURE LAWS. Except as provided by this

chapter, the acupuncture board is subject to Chapters 551, 552,

and 2001, Government Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. POWERS AND DUTIES OF ACUPUNCTURE BOARD AND MEDICAL

BOARD

Sec. 205.101. GENERAL POWERS AND DUTIES OF ACUPUNCTURE BOARD.

(a) Subject to the advice and approval of the medical board, the

acupuncture board shall:

(1) establish qualifications for an acupuncturist to practice in

this state;

(2) establish minimum education and training requirements

necessary for the acupuncture board to recommend that the medical

board issue a license to practice acupuncture;

(3) administer an examination that is validated by independent

testing professionals for a license to practice acupuncture;

(4) develop requirements for licensure by endorsement of other

states;

(5) prescribe the application form for a license to practice

acupuncture;

(6) recommend rules to establish licensing and other fees;

(7) establish the requirements for a tutorial program for

acupuncture students who have completed at least 48 semester

hours of college; and

(8) recommend additional rules as are necessary to administer

and enforce this chapter.

(b) The acupuncture board does not have independent rulemaking

authority. A rule adopted by the acupuncture board is subject to

medical board approval.

(1) review and approve or reject each application for the

issuance or renewal of a license;

(2) issue each license; and

(3) deny, suspend, or revoke a license or otherwise discipline a

license holder.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.06, eff. September 1, 2005.

Sec. 205.102. ASSISTANCE BY MEDICAL BOARD. (a) The medical

board shall provide administrative and clerical employees as

necessary to enable the acupuncture board to administer this

chapter.

(b) Subject to the advice and approval of the medical board, the

acupuncture board shall develop and implement policies that

clearly separate the policy-making responsibilities of the

acupuncture board and the management responsibilities of the

executive director and the staff of the medical board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.103. FEES. The medical board shall set and collect

fees in amounts that are reasonable and necessary to cover the

costs of administering and enforcing this chapter without the use

of any other funds generated by the medical board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.104. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The medical board may not adopt rules under this

chapter restricting advertising or competitive bidding by a

license holder except to prohibit false, misleading, or deceptive

practices.

(b) In its rules to prohibit false, misleading, or deceptive

practices, the medical board may not include a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a license holder's personal appearance

or voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

license holder; or

(4) restricts the license holder's advertisement under a trade

name.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.1041. GUIDELINES FOR EARLY INVOLVEMENT IN RULEMAKING

PROCESS. (a) The acupuncture board shall develop guidelines to

establish procedures for receiving input during the rulemaking

process from individuals and groups that have an interest in

matters under the acupuncture board's jurisdiction. The

guidelines must provide an opportunity for those individuals and

groups to provide input before the acupuncture board submits the

rule to the medical board for approval.

(b) A rule adopted by the acupuncture board may not be

challenged on the grounds that the board did not comply with this

section. If the acupuncture board was unable to solicit a

significant amount of input from the public or affected persons

early in the rulemaking process, the board shall state in writing

the reasons why the board was unable to do so.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.07, eff. September 1, 2005.

Sec. 205.1045. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.

The acupuncture board shall adopt rules and guidelines as

necessary to comply with Chapter 53, except to the extent the

requirements of this chapter are stricter than the requirements

of Chapter 53.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.08, eff. September 1, 2005.

Sec. 205.105. ANNUAL REPORT. (a) The medical board shall

prepare annually a complete and detailed written report

accounting for all funds received and disbursed by the medical

board under this chapter during the preceding fiscal year.

(b) The annual report must meet the reporting requirements

applicable to financial reporting provided in the General

Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.106. USE OF TECHNOLOGY. Subject to the advice and

approval of the medical board, the acupuncture board shall

implement a policy requiring the acupuncture board to use

appropriate technological solutions to improve the acupuncture

board's ability to perform its functions. The policy must ensure

that the public is able to interact with the acupuncture board on

the Internet.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.09, eff. September 1, 2005.

Sec. 205.107. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION POLICY. (a) Subject to the advice and approval of

the medical board, the acupuncture board shall develop and

implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of acupuncture board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the acupuncture board's

jurisdiction.

(b) The acupuncture board procedures relating to alternative

dispute resolution must conform, to the extent possible, to any

model guidelines issued by the State Office of Administrative

Hearings for the use of alternative dispute resolution by state

agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the acupuncture board.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.10, eff. September 1, 2005.

SUBCHAPTER D. PUBLIC ACCESS AND INFORMATION AND COMPLAINT

PROCEDURES

Sec. 205.151. PUBLIC INTEREST INFORMATION. (a) The acupuncture

board shall prepare information of public interest describing the

functions of the acupuncture board and the procedures by which

complaints are filed with and resolved by the acupuncture board.

(b) The acupuncture board shall make the information available

to the public and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.152. COMPLAINTS. (a) The acupuncture board by rule

shall establish methods by which consumers and service recipients

are notified of the name, mailing address, and telephone number

of the acupuncture board for the purpose of directing a complaint

to the acupuncture board. The acupuncture board may provide for

that notification:

(1) on each registration form, application, or written contract

for services of a person regulated under this chapter;

(2) on a sign prominently displayed in the place of business of

each person regulated under this chapter; or

(3) in a bill for service provided by a person regulated under

this chapter.

(b) The acupuncture board shall keep information about each

complaint filed with the acupuncture board. The information shall

include:

(1) the date the complaint is received;

(2) the name of the complainant;

(3) the subject matter of the complaint;

(4) a record of all persons contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) for a complaint for which the acupuncture board took no

action, an explanation of the reason the complaint was closed

without action.

complaint filed with the acupuncture board that the acupuncture

board has authority to resolve. The acupuncture board shall

provide to the person filing the complaint and each person who is

the subject of the complaint the acupuncture board's policies and

procedures pertaining to complaint investigation and resolution.

(d) The acupuncture board, at least quarterly and until final

disposition of the complaint, shall notify the person filing the

complaint and each person who is the subject of the complaint of

the status of the complaint unless the notice would jeopardize an

investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.1521. CONDUCT OF INVESTIGATION. The acupuncture board

shall complete a preliminary investigation of a complaint

received by the acupuncture board not later than the 30th day

after the date of receiving the complaint. The acupuncture board

shall first determine whether the acupuncturist constitutes a

continuing threat to the public welfare. On completion of the

preliminary investigation, the acupuncture board shall determine

whether to officially proceed on the complaint. If the

acupuncture board fails to complete the preliminary investigation

in the time required by this section, the acupuncture board's

official investigation of the complaint is considered to commence

on that date.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.11, eff. September 1, 2005.

Sec. 205.153. PUBLIC PARTICIPATION. (a) Subject to the advice

and approval of the medical board, the acupuncture board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the acupuncture board and

to speak on any issue under the acupuncture board's jurisdiction.

(b) The executive director shall prepare and maintain a written

plan that describes how a person who does not speak English may

be provided reasonable access to the acupuncture board's programs

and services.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER E. LICENSE REQUIREMENTS

Sec. 205.201. LICENSE REQUIRED. Except as provided by Section

205.303, a person may not practice acupuncture in this state

unless the person holds a license to practice acupuncture issued

by the acupuncture board under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.12, eff. September 1, 2005.

Sec. 205.202. ISSUANCE OF LICENSE. (a) The acupuncture board

shall issue a license to practice acupuncture in this state to a

person who meets the requirements of this chapter and the rules

adopted under this chapter.

(b) The acupuncture board may delegate authority to medical

board employees to issue licenses under this chapter to

applicants who clearly meet all licensing requirements. If the

medical board employees determine that the applicant does not

clearly meet all licensing requirements, the application shall be

returned to the acupuncture board. A license issued under this

subsection does not require formal acupuncture board approval.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.13, eff. September 1, 2005.

Sec. 205.203. LICENSE EXAMINATION. (a) An applicant for a

license to practice acupuncture must pass an acupuncture

examination and a jurisprudence examination approved by the

acupuncture board as provided by this section.

(b) To be eligible for the examination, an applicant must:

(1) be at least 21 years of age;

(2) have completed at least 60 semester hours of college

courses, including basic science courses as determined by the

acupuncture board; and

(3) be a graduate of an acupuncture school with entrance

requirements and a course of instruction that meet standards set

under Section 205.206.

and theoretical acupuncture and other subjects required by the

acupuncture board.

(c-1) The jurisprudence examination shall be conducted on the

licensing requirements and other laws, rules, or regulations

applicable to the professional practice of acupuncture in this

state.

(d) The examination may be in writing, by a practical

demonstration of the applicant's skill, or both, as required by

the acupuncture board.

(e) The medical board shall notify each applicant of the time

and place of the examination.

(f) The acupuncture board shall adopt rules for the

jurisprudence examination under Subsection (c-1) regarding:

(1) the development of the examination;

(2) applicable fees;

(3) administration of the examination;

(4) reexamination procedures;

(5) grading procedures; and

(6) notice of results.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.057(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.14, eff. September 1, 2005.

Sec. 205.204. APPLICATION FOR EXAMINATION. An application for

examination must be:

(1) in writing on a form prescribed by the acupuncture board;

(2) verified by affidavit;

(3) filed with the executive director; and

(4) accompanied by a fee in an amount set by the medical board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.2045. APPEARANCE OF APPLICANT BEFORE ACUPUNCTURE BOARD.

An applicant for a license to practice acupuncture may not be

required to appear before the acupuncture board or a committee of

the acupuncture board unless the application raises questions

concerning:

(1) a physical or mental impairment of the applicant;

(2) a criminal conviction of the applicant; or

(3) revocation of a professional license held by the applicant.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.057(b), eff.

Sept. 1, 2001.

Sec. 205.205. EXAMINATION RESULTS. (a) Not later than the 30th

day after the date a licensing examination is administered under

this chapter, the acupuncture board shall notify each examinee of

the results of the examination. If an examination is graded or

reviewed by a national testing service, the acupuncture board

shall notify examinees of the results of the examination not

later than the 14th day after the date the acupuncture board

receives the results from the testing service.

(b) If the notice of examination results graded or reviewed by a

national testing service will be delayed for longer than 90 days

after the examination date, the acupuncture board shall notify

the examinee of the reason for the delay before the 90th day. The

acupuncture board may require a testing service to notify

examinees of the results of an examination.

examination administered under this chapter, the acupuncture

board shall furnish the person with an analysis of the person's

performance on the examination if an analysis is available from

the national testing service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.206. ACUPUNCTURE SCHOOLS. (a) A reputable acupuncture

school, in addition to meeting standards set by the acupuncture

board, must:

(1) maintain a resident course of instruction equivalent to not

less than six terms of four months each for a total of not less

than 1,800 instructional hours;

(2) provide supervised patient treatment for at least two terms

of the resident course of instruction;

(3) maintain a course of instruction in anatomy-histology,

bacteriology, physiology, symptomatology, pathology, meridian and

point locations, hygiene, and public health; and

(4) have the necessary teaching force and facilities for proper

instruction in required subjects.

(b) In establishing standards for the entrance requirements and

course of instruction of an acupuncture school, the acupuncture

board may consider the standards set by the National

Accreditation Commission for Schools and Colleges of Acupuncture

and Oriental Medicine.

acupuncture school or degree program is subject to approval by

the Texas Higher Education Coordinating Board unless the school

or program qualifies for an exemption under Section 61.303,

Education Code.

(d) In reviewing an acupuncture school or degree program as

required by Subsection (c), the Texas Higher Education

Coordinating Board shall seek input from the acupuncture board

regarding the standards to be used for assessing whether a school

or degree program adequately prepares an individual for the

practice of acupuncture.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.15, eff. September 1, 2005.

Sec. 205.207. RECIPROCAL LICENSE. The medical board may waive

any license requirement for an applicant after reviewing the

applicant's credentials and determining that the applicant holds

a license from another state that has license requirements

substantially equivalent to those of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.208. TEMPORARY LICENSE. (a) The acupuncture board

may, through the executive director, issue a temporary license to

practice acupuncture to an applicant who:

(1) submits an application on a form prescribed by the

acupuncture board;

(2) has passed a national or other examination recognized by the

acupuncture board relating to the practice of acupuncture;

(3) pays the appropriate fee;

(4) if licensed in another state, is in good standing as an

acupuncturist; and

(5) meets all the qualifications for a license under this

chapter but is waiting for the next scheduled meeting of the

medical board for the license to be issued.

(b) A temporary license is valid for 100 days after the date

issued and may be extended only for another 30 days after the

date the initial temporary license expires.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. LICENSE RENEWAL

Sec. 205.251. ANNUAL RENEWAL REQUIRED. (a) The medical board

by rule shall provide for the annual renewal of a license to

practice acupuncture.

(b) The medical board by rule may adopt a system under which

licenses expire on various dates during the year. For the year in

which the license expiration date is changed, license fees shall

be prorated on a monthly basis so that each license holder pays

only that portion of the license fee that is allocable to the

number of months during which the license is valid. On renewal of

the license on the new expiration date, the total license renewal

fee is payable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.252. NOTICE OF LICENSE EXPIRATION. Not later than the

30th day before the expiration date of a person's license, the

medical board shall send written notice of the impending license

expiration to the person at the person's last known address

according to the records of the medical board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.253. PROCEDURE FOR RENEWAL. (a) A person who is

otherwise eligible to renew a license may renew an unexpired

license by paying the required renewal fee to the medical board

before the expiration date of the license. A person whose license

has expired may not engage in activities that require a license

until the license has been renewed under this section or Section

205.254.

(b) If the person's license has been expired for 90 days or

less, the person may renew the license by paying to the medical

board a fee in an amount equal to one and one-half times the

required renewal fee.

days but less than one year, the person may renew the license by

paying to the medical board a fee in an amount equal to two times

the required renewal fee.

(d) If the person's license has been expired for one year or

longer, the person may not renew the license. The person may

obtain a new license by submitting to reexamination and complying

with the requirements and procedures for obtaining an original

license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.254. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) The medical board may renew without

reexamination the license of a person who was licensed to

practice acupuncture in this state, moved to another state, and

is currently licensed and has been in practice in the other state

for the two years preceding application.

(b) The person must pay to the medical board a fee in an amount

equal to two times the required renewal fee for the license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.255. CONTINUING EDUCATION. (a) The acupuncture board

by rule may require a license holder to complete a certain number

of hours of continuing education courses approved by the

acupuncture board to renew a license.

(a-1) The acupuncture board shall establish written guidelines

for granting continuing education credit that specify:

(1) procedural requirements;

(2) the qualifications needed to be considered a preferred

provider of continuing education; and

(3) course content requirements.

(b) The acupuncture board shall consider the approval of a

course conducted by:

(1) a knowledgeable health care provider; or

(2) a reputable school, state, or professional organization.

acupuncture board shall delegate to medical board employees the

authority to approve course applications for courses that clearly

meet the guidelines. Medical board employees shall refer any

courses that are not clearly within the guidelines to the

acupuncture board for review and approval.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.058(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.16, eff. September 1, 2005.

SUBCHAPTER G. PRACTICE BY LICENSE HOLDER

Sec. 205.301. REFERRAL BY OTHER HEALTH CARE PRACTITIONER

REQUIRED. (a) A license holder may perform acupuncture on a

person only if the person was:

(1) evaluated by a physician or dentist, as appropriate, for the

condition being treated within six months before the date

acupuncture is performed; or

(2) referred by a chiropractor within 30 days before the date

acupuncture is performed.

(b) A license holder acting under Subsection (a)(1) must obtain

reasonable documentation that the required evaluation has taken

place. If the license holder is unable to determine that an

evaluation has taken place, the license holder must obtain a

written statement signed by the person on a form prescribed by

the acupuncture board that states the person has been evaluated

by a physician or dentist within the prescribed time. The form

must contain a clear statement that the person should be

evaluated by a physician or dentist for the condition being

treated by the license holder.

the person to a physician after performing acupuncture 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.

(d) The medical board, with advice from the acupuncture board,

by rule may modify:

(1) the scope of the evaluation under Subsection (a)(1);

(2) the period during which treatment must begin under

Subsection (a)(1) or (2); or

(3) the number of treatments or days before referral to a

physician is required under Subsection (c).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.302. AUTHORIZED PRACTICE WITHOUT REFERRAL. (a) After

notice and public hearing, the medical board shall determine by

rule whether an acupuncturist may treat a patient for alcoholism

or chronic pain without a referral from a physician, dentist, or

chiropractor. The medical board shall make the determination

based on clinical evidence and what the medical board determines

to be in the best interest of affected patients.

(b) Notwithstanding Section 205.301, a license holder may,

without a referral from a physician, dentist, or chiropractor,

perform acupuncture on a person for:

(1) smoking addiction;

(2) weight loss; or

(3) substance abuse, to the extent permitted by medical board

rule adopted with advice from the acupuncture board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 719, Sec. 2, eff. Sept. 1,

2001.

Sec. 205.303. ACUDETOX SPECIALIST. (a) The medical board may

certify a person as an acudetox specialist under this section if

the person:

(1) provides to the medical board documentation that the person:

(A) is a licensed social worker, licensed professional

counselor, licensed psychologist, licensed chemical dependency

counselor, licensed vocational nurse, or licensed registered

nurse; and

(B) has successfully completed a training program in acupuncture

detoxification that meets guidelines approved by the medical

board; and

(2) pays a certification fee in an amount set by the medical

board.

(b) An acudetox specialist may practice acupuncture only:

(1) to the extent allowed by rules adopted by the medical board

for the treatment of alcoholism, substance abuse, or chemical

dependency; and

(2) under the supervision of a licensed acupuncturist or

physician.

specialist shall:

(1) notify each participant in the program of the qualifications

of the acudetox specialist and of the procedure for registering a

complaint regarding the acudetox specialist with the medical

board; and

(2) keep a record of each client's name, the date the client

received the acudetox specialist's services, and the name,

signature, and certification number of the acudetox specialist.

(d) The medical board may annually renew the certification of an

acudetox specialist under this section if the person:

(1) provides to the medical board documentation that:

(A) the certification or license required under Subsection

(a)(1)(A) is in effect; and

(B) the person has successfully met continuing education

requirements established by the medical board under Subsection

(e); and

(2) pays a certification renewal fee in an amount set by the

medical board.

(e) The medical board shall establish continuing education

requirements for an acudetox specialist that, at a minimum,

include six hours of education in the practice of acupuncture and

a course in either clean needle technique or universal infection

control precaution procedures.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.059(a), eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 892, Sec. 33, eff. Sept.

1, 2003.

Sec. 205.304. PROFESSIONAL REVIEW ACTION. Sections 160.002,

160.003, 160.006, 160.007(d), 160.013, 160.014, and 160.015 apply

to professional review actions relating to the practice of

acupuncture by an acupuncturist or acupuncturist student.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.060, eff.

Sept. 1, 2001.

Sec. 205.305. LICENSE HOLDER INFORMATION. (a) Each license

holder shall file with the acupuncture board:

(1) the license holder's mailing address;

(2) the address of the license holder's residence;

(3) the mailing address of each office of the license holder;

and

(4) the address for the location of each office of the license

holder that has an address different from the office's mailing

address.

(b) A license holder shall:

(1) notify the acupuncture board of a change of the license

holder's residence or business address; and

(2) provide the acupuncture board with the license holder's new

address not later than the 30th day after the date the address

change occurs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER H. DISCIPLINARY PROCEDURES

Sec. 205.351. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY ACTION.

(a) A license to practice acupuncture may be denied or, after

notice and hearing, a license holder may be subject to

disciplinary action under Section 205.352 if the license

applicant or license holder:

(1) intemperately uses drugs or intoxicating liquors to an

extent that, in the opinion of the board, could endanger the

lives of patients;

(2) obtains or attempts to obtain a license by fraud or

deception;

(3) has been adjudged mentally incompetent by a court;

(4) has a mental or physical condition that renders the person

unable to perform safely as an acupuncturist;

(5) fails to practice acupuncture in an acceptable manner

consistent with public health and welfare;

(6) violates this chapter or a rule adopted under this chapter;

(7) has been convicted of a crime involving moral turpitude or a

felony or is the subject of deferred adjudication or pretrial

diversion for such an offense;

(8) holds the person out as a physician or surgeon or any

combination or derivative of those terms unless the person is

also licensed by the medical board as a physician or surgeon;

(9) fraudulently or deceptively uses a license;

(10) engages in unprofessional or dishonorable conduct that is

likely to deceive, defraud, or injure a member of the public;

(11) commits an act in violation of state law if the act is

connected with the person's practice as an acupuncturist;

(12) fails to adequately supervise the activities of a person

acting under the supervision of the license holder;

(13) directly or indirectly aids or abets the practice of

acupuncture by any person not licensed to practice acupuncture by

the acupuncture board;

(14) is unable to practice acupuncture with reasonable skill and

with safety to patients because of illness, drunkenness, or

excessive use of drugs, narcotics, chemicals, or any other type

of material or because of any mental or physical condition;

(15) is the subject of repeated or recurring meritorious

health-care liability claims that in the opinion of the

acupuncture board evidence professional incompetence likely to

injure the public;

(16) has had a license to practice acupuncture suspended,

revoked, or restricted by another state or has been subject to

other disciplinary action by another state or by the uniformed

services of the United States regarding practice as an

acupuncturist; or

(17) sexually abuses or exploits another person through the

license holder's practice as an acupuncturist.

(b) If the acupuncture board proposes to suspend, revoke, or

refuse to renew a person's license, the person is entitled to a

hearing conducted by the State Office of Administrative Hearings.

is not necessary for an action under Subsection (a)(11). Proof

of the commission of the act while in the practice of acupuncture

or under the guise of the practice of acupuncture is sufficient

for action by the acupuncture board.

(d) A certified copy of the record of the state or uniformed

services of the United States taking an action is conclusive

evidence of the action for purposes of Subsection (a)(16).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.17, eff. September 1, 2005.

Sec. 205.352. DISCIPLINARY POWERS OF ACUPUNCTURE BOARD. (a) On

finding that grounds exist to deny a license or take disciplinary

action against a license holder, the acupuncture board by order

may:

(1) deny the person's application for a license, license

renewal, or certificate to practice acupuncture or revoke the

person's license or certificate to practice acupuncture;

(2) require the person to submit to the care, counseling, or

treatment of a health care practitioner designated by the

acupuncture board as a condition for the issuance, continuance,

or renewal of a license or certificate to practice acupuncture;

(3) require the person to participate in a program of education

or counseling prescribed by the acupuncture board;

(4) suspend, limit, or restrict the person's license or

certificate to practice acupuncture, including limiting the

practice of the person to, or excluding from the practice, one or

more specified activities of acupuncture or stipulating periodic

review by the acupuncture board;

(5) require the person to practice under the direction of an

acupuncturist designated by the acupuncture board for a specified

period of time;

(6) assess an administrative penalty against the person as

provided by Subchapter J;

(7) require the person to perform public service considered

appropriate by the acupuncture board;

(8) stay enforcement of an order and place the person on

probation with the acupuncture board retaining the right to

vacate the probationary stay and enforce the original order for

noncompliance with the terms of probation or impose any other

remedial measure or sanction authorized by this section;

(9) require the person to continue or review professional

education until the person attains a degree of skill satisfactory

to the acupuncture board in those areas that are the basis of the

probation under Subdivision (8);

(10) require the person to report regularly to the acupuncture

board on matters that are the basis of the probation under

Subdivision (8); or

(11) administer a public reprimand.

(b) The acupuncture board may reinstate or reissue a license or

remove any disciplinary or corrective measure that the

acupuncture board has imposed under this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.18, eff. September 1, 2005.

Sec. 205.3522. SURRENDER OF LICENSE. (a) The acupuncture board

may accept the voluntary surrender of a license.

(b) A surrendered license may not be returned to the license

holder unless the acupuncture board determines, under acupuncture

board rules, that the former holder of the license is competent

to resume practice.

board for determining the competency of a former license holder

to return to practice.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.19, eff. September 1, 2005.

Sec. 205.3523. PHYSICAL OR MENTAL EXAMINATION. (a) The

acupuncture board shall adopt guidelines, in conjunction with

persons interested in or affected by this section, to enable the

board to evaluate circumstances in which an acupuncturist or

applicant may be required to submit to an examination for mental

or physical health conditions, alcohol and substance abuse, or

professional behavior problems.

(b) The acupuncture board shall refer an acupuncturist or

applicant with a physical or mental health condition to the most

appropriate medical specialist. The acupuncture board may not

require an acupuncturist or applicant to submit to an examination

by a physician having a specialty specified by the board unless

medically indicated. The acupuncture board may not require an

acupuncturist or applicant to submit to an examination to be

conducted an unreasonable distance from the person's home or

place of business unless the acupuncturist or applicant resides

and works in an area in which there are a limited number of

physicians able to perform an appropriate examination.

remove the acupuncture board's power to make an independent

licensing decision.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.20, eff. September 1, 2005.

Sec. 205.354. RULES FOR DISCIPLINARY PROCEEDINGS. Rules of

practice adopted by the medical board under Section 2001.004,

Government Code, applicable to the proceedings for a disciplinary

action may not conflict with rules adopted by the State Office of

Administrative Hearings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.3541. INFORMAL PROCEEDINGS. (a) The acupuncture board

by rule shall adopt procedures governing:

(1) informal disposition of a contested case under Section

2001.056, Government Code; and

(2) informal proceedings held in compliance with Section

2001.054, Government Code.

(b) Rules adopted under this section must require that:

(1) an informal meeting in compliance with Section 2001.054,

Government Code, be scheduled not later than the 180th day after

the date the complaint is filed with the acupuncture board,

unless good cause is shown by the acupuncture board for

scheduling the informal meeting after that date;

(2) the acupuncture board give notice to the license holder of

the time and place of the meeting not later than the 30th day

before the date the meeting is held;

(3) the complainant and the license holder be provided an

opportunity to be heard;

(4) at least one of the acupuncture board members participating

in the informal meeting as a panelist be a member who represents

the public;

(5) the acupuncture board's legal counsel or a representative of

the attorney general be present to advise the acupuncture board

or the medical board's staff; and

(6) an employee of the medical board be at the meeting to

present to the acupuncture board's representative the facts the

medical board staff reasonably believes it could prove by

competent evidence or qualified witnesses at a hearing.

to:

(1) reply to the staff's presentation; and

(2) present the facts the acupuncturist reasonably believes the

acupuncturist could prove by competent evidence or qualified

witnesses at a hearing.

(d) After ample time is given for the presentations, the

acupuncture board panel shall recommend that the investigation be

closed or shall attempt to mediate the disputed matters and make

a recommendation regarding the disposition of the case in the

absence of a hearing under applicable law concerning contested

cases.

(e) If the license holder has previously been the subject of

disciplinary action by the acupuncture board, the acupuncture

board shall schedule the informal meeting as soon as practicable

but not later than the deadline prescribed by Subsection (b)(1).

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.21, eff. September 1, 2005.

Sec. 205.3542. ACUPUNCTURE BOARD REPRESENTATION IN INFORMAL

PROCEEDINGS. (a) In an informal proceeding under Section

205.3541, at least two panelists shall be appointed to determine

whether an informal disposition is appropriate.

(b) Notwithstanding Subsection (a) and Section 205.3541(b)(4),

an informal proceeding may be conducted by one panelist if the

affected acupuncturist waives the requirement that at least two

panelists conduct the informal proceeding. If the acupuncturist

waives that requirement, the panelist may be any member of the

acupuncture board.

an informal proceeding conducted by the acupuncture board under

Section 205.3541, including a proceeding to:

(1) consider a disciplinary case to determine if a violation has

occurred; or

(2) request modification or termination of an order.

(d) The panel requirements described by Subsection (a) do not

apply to an informal proceeding conducted by the acupuncture

board under Section 205.3541 to show compliance with an order of

the acupuncture board.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.22, eff. September 1, 2005.

Sec. 205.3543. ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN

INFORMAL PROCEEDINGS. (a) An acupuncture board member that

serves as a panelist at an informal meeting under Section

205.3541 shall make recommendations for the disposition of a

complaint or allegation. The member may request the assistance

of a medical board employee at any time.

(b) Medical board employees shall present a summary of the

allegations against the affected acupuncturist and of the facts

pertaining to the allegation that the employees reasonably

believe may be proven by competent evidence at a formal hearing.

counsel to the panel and, notwithstanding Subsection (e), shall

be present during the informal meeting and the panel's

deliberations to advise the panel on legal issues that arise

during the proceeding. The attorney may ask questions of

participants in the informal meeting to clarify any statement

made by the participant. The attorney shall provide to the panel

a historical perspective on comparable cases that have appeared

before the acupuncture board or medical board, keep the

proceedings focused on the case being discussed, and ensure that

the medical board's employees and the affected acupuncturist have

an opportunity to present information related to the case.

During the panel's deliberation, the attorney may be present only

to advise the panel on legal issues and to provide information on

comparable cases that have appeared before the acupuncture board

or medical board.

(d) The panel and medical board employees shall provide an

opportunity for the affected acupuncturist and the

acupuncturist's authorized representative to reply to the board

employees' presentation and to present oral and written

statements and facts that the acupuncturist and representative

reasonably believe could be proven by competent evidence at a

formal hearing.

(e) An employee of the medical board who participated in the

presentation of the allegation or information gathered in the

investigation of the complaint, the affected acupuncturist, the

acupuncturist's authorized representative, the complainant, the

witnesses, and members of the public may not be present during

the deliberations of the panel. Only the members of the panel

and the attorney serving as counsel to the panel may be present

during the deliberations.

(f) The panel shall recommend the dismissal of the complaint or

allegations or, if the panel determines that the affected

acupuncturist has violated a statute or acupuncture board rule,

the panel may recommend board action and terms for an informal

settlement of the case.

(g) The panel's recommendations under Subsection (f) must be

made in a written order and presented to the affected

acupuncturist and the acupuncturist's authorized representative.

The acupuncturist may accept the proposed settlement within the

time established by the panel at the informal meeting. If the

acupuncturist rejects the proposed settlement or does not act

within the required time, the acupuncture board may proceed with

the filing of a formal complaint with the State Office of

Administrative Hearings.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.23, eff. September 1, 2005.

Sec. 205.3544. LIMIT ON ACCESS TO INVESTIGATION FILES. The

acupuncture board shall prohibit or limit access to an

investigation file relating to a license holder in an informal

proceeding in the manner provided by Section 164.007(c).

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.24, eff. September 1, 2005.

Sec. 205.355. REQUIRED DISCIPLINARY ACTION FOR FAILURE TO OBTAIN

REFERRAL. Except as provided by Section 205.301(a)(2), a license

to practice acupuncture shall be denied or, after notice and

hearing, revoked if the applicant or license holder violates

Section 205.301(a)(1).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 205.356. REHABILITATION ORDER. (a) The acupuncture board,

through an agreed order or after a contested proceeding, may

impose a nondisciplinary rehabilitation order on an applicant, as

a prerequisite for issuing a license, or on a license holder

based on:

(1) the person's intemperate use of drugs or alcohol directly

resulting from habituation or addiction caused by medical care or

treatment provided by a physician;

(2) the person's intemperate use of drugs or alcohol during the

five years preceding the date of the report that could adversely

affect the person's ability to safely practice as an

acupuncturist, if the person:

(A) reported the use;

(B) has not previously been the subject of a substance abuse

related order of the acupuncture board; and

impairment;

(3) a judgment by a court that the person is of unsound mind; or

(4) the results of a mental or physical examination, or an

admission by the person, indicating that the person suffers from

a potentially dangerous limitation or an inability to practice as

an acupuncturist with reasonable skill and safety by reason of

illness or as a result of any physical or mental condition.

(b) The acupuncture board may not issue an order under this

section if, before the individual signs the proposed order, the

board receives a valid complaint with regard to the individual

based on the individual's intemperate use of drugs or alcohol in

a manner affecting the standard of care.

has committed a standard of care violation described by

Subsection (a)(2) before imposing an order under this section.

(d) The acupuncture board may disclose a rehabilitation order to

a local or statewide private acupuncture association only as

provided by Section 205.3562.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

269, Sec. 3.25, eff. September 1, 2005.

Sec. 205.3561. EXPERT IMMUNITY. An expert who assists the

acupuncture board is immune from suit and judgment and may not be

subjected to a suit for damages for any investigation, report,

recommendation, statement, evaluation, finding, or other action

taken without fraud or malice in the course of assisting the

board in a disciplinary proceeding. The attorney general shall

represent the expert in any suit resulting from a service

provided by the expert in good faith to the acupuncture board.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.26, eff. September 1, 2005.

Sec. 205.3562. RESPONSIBILITIES OF PRIVATE ASSOCIATIONS. (a)

If a rehabilitation order imposed under Section 205.356 requires

a license holder to participate in activities or programs

provided by a local or statewide private acupuncture association,

the acupuncture board shall inform the association of the license

holder's duties under the order. The information provided under

this section must include specific guidance to enable the

association to comply with any requirements necessary to assist

in the acupuncturist's rehabilitation.

(b) The acupuncture board may provide to the association any

information that the board determines to be necessary, including

a copy of the rehabilitation order. Any information received by

the association remains confidential, is not subject to

discovery, subpoena, or other means of legal compulsion, and may

be disclosed only to the acupuncture board.

Added by Acts 2005, 79th Leg., Ch.

269, Sec. 3.26, eff. September 1, 2005.

Sec. 205.357. EFFECT OF REHABILITATION ORDER. (a) A

rehabilitation order imposed under Section 205.356 is a

nondisciplinary private order. If entered by agreement, the order

is an agreed disposition or settlement agreement for purposes of

civil litigation and is exempt from the open records law.

(b) A rehabilitation order imposed under Section 205.356 must

contain findings of fact and conclusions of law. The order may

impose a revocation, cancellation, suspension, period of

probation or restriction, or any other term authorized by this

chapter or agreed to by the acupuncture board and the person

subject to the order.

disciplinary action under the provisions of this chapter for

contested matters or the terms of the agreed order.

(d) A violation of a rehabilitation orde