(III) has an unacceptable criminal history.
(b) Procedural rules for licensure applicants. The
following provisions shall apply to all licensure applicants.
(1) Applicants for licensure:
(A) whose documentation indicates any name other than
the name under which the applicant has applied must furnish proof
of the name change;
(B) whose applications have been filed with the board
in excess of one year will be considered expired. Any fee previously
submitted with that application shall be forfeited unless otherwise
provided by §175.5 of this title (relating to Payment of Fees
or Penalties). Any further request for licensure will require submission
of a new application and inclusion of the current licensure fee. An
extension to an application may be granted under certain circumstances,
including:
(i) Delay by board staff in processing an application;
(ii) Application requires Licensure Committee review
after completion of all other processing and will expire prior to
the next scheduled meeting;
(iii) Licensure Committee requires an applicant to
meet specific additional requirements for licensure and the application
will expire prior to deadline established by the Committee;
(iv) Applicant requires a reasonable, limited additional
period of time to obtain documentation after completing all other
requirements and demonstrating diligence in attempting to provide
the required documentation;
(v) Applicant is delayed due to unanticipated military
assignments, medical reasons, or catastrophic events;
(C) who in any way falsify the application may be required
to appear before the acupuncture board. It will be at the discretion
of the acupuncture board whether or not the applicant will be issued
a Texas acupuncture license;
(D) on whom adverse information is received by the
acupuncture board may be required to appear before the acupuncture
board. It will be at the discretion of the acupuncture board whether
or not the applicant will be issued a Texas license;
(E) shall be required to comply with the acupuncture
board's rules and regulations which are in effect at the time the
completed application form and fee are filed with the board;
(F) may be required to sit for additional oral, written,
or practical examinations or demonstrations that, in the opinion of
the acupuncture board, are necessary to determine competency of the
applicant;
(G) must have the application for licensure completed
and legible in every detail 60 days prior to the acupuncture board
meeting in which they are to be considered for licensure unless otherwise
determined by the acupuncture board based on good cause.
(2) Applicants for licensure who wish to request reasonable
accommodation due to a disability must submit the request at the time
of filing the application.
(3) Applicants who have been licensed in any other
state, province, or country shall complete a notarized oath or other
verified sworn statement in regard to the following:
(A) whether the license, certificate, or authority
has been the subject of proceedings against the applicant for the
restriction for cause, cancellation for cause, suspension for cause,
or revocation of the license, certificate, or authority to practice
in the state, province, or country, and if so, the status of such
proceedings and any resulting action; and
(B) whether an investigation in regard to the applicant
is pending in any jurisdiction or a prosecution is pending against
the applicant in any state, federal, national, local, or provincial
court for any offense that under the laws of the state of Texas is
a felony, and if so, the status of such prosecution or investigation.
(4) An applicant for a license to practice acupuncture
may not be required to appear before the acupuncture board or any
of its committees unless the application raises questions about the
applicant's:
(A) physical or mental impairment;
(B) criminal conviction; or
(C) revocation of a professional license.
(c) Licensure documentation.
(1) Original documents/interview. Upon request, any
applicant must appear for a personal interview at the board offices
and present original documents to a representative of the board for
inspection. Original documents may include, but are not limited to,
those listed in paragraph (2) of this subsection.
(2) Required documentation. Documentation required
of all applicants for licensure shall include the following:
(A) Birth certificate/proof of age. Each applicant
for licensure must provide a copy of a birth certificate, and translation
if necessary, to prove that the applicant is at least 21 years of
age. In instances where a birth certificate is not available, the
applicant must provide copies of a passport or other suitable alternate
documentation.
(B) Name change. Any applicant who submits documentation
showing a name other than the name under which the applicant has applied
must present copies of marriage licenses, divorce decrees, or court
orders stating the name change. In cases where the applicant's name
has been changed by naturalization the applicant must submit the original
naturalization certificate by hand delivery or by certified mail to
the board office for inspection.
(C) Examination scores. Each applicant for licensure
must have a certified transcript of grades submitted directly from
the appropriate testing service to the acupuncture board for all examinations
used in Texas for purposes of licensure in Texas.
(D) Dean's certification. Each applicant for licensure
must have a certificate of graduation submitted directly from the
school of acupuncture on a form provided by the acupuncture board.
The applicant shall attach to the form a recent photograph, meeting
United States Government passport standards, before submitting it
to the school of acupuncture. The school shall have the Dean or the
designated appointee sign the form attesting to the information on
the form and placing the school seal over the photograph.
(E) Diploma or certificate. All applicants for licensure
must submit a copy of their diploma or certificate of graduation.
(F) Evaluations. All applicants must provide, on a
form furnished by the acupuncture board, evaluations of their professional
affiliations for the past ten years or since graduation from acupuncture
school, whichever is the shorter period.
(G) Preacupuncture school transcript. Each applicant
must have the appropriate school or schools submit a copy of the record
of their undergraduate education directly to the acupuncture board.
Transcripts must show courses taken and grades obtained. If determined
that the documentation submitted by the applicant is not sufficient
to show proof of the completion of 60 semester hours of college courses
other than in acupuncture school, the applicant must obtain coursework
verification by submitting documentation to the acupuncture board
for a determination as to the adequacy of such education or to a two
or four year institution of higher education within the United States.
The institution must be preapproved by the board's executive director
and accredited by an agency recognized as a regional accrediting body
by the Texas Higher Education Coordinating Board or its equivalent
in another state.
(H) School of acupuncture transcript. Each applicant
must have his or her acupuncture school submit a transcript of courses
taken and grades obtained directly to the acupuncture board. Transcripts
must clearly demonstrate completion of 1,800 instructional hours,
with at least 450 hours of herbal studies.
(I) Fingerprint card. Each applicant must submit his
or her fingerprints according to the procedure prescribed by the board.
(J) Other verification. For good cause shown, with
the approval of the acupuncture board, verification of any information
required by this subsection may be made by a means not otherwise provided
for in this subsection.
(3) Additional documentation. Applicants may be required
to submit other documentation, including but not limited to the following:
(A) Translations. An accurate certified translation
of any document that is in a language other than the English language
must be submitted along with the original document or a certified
copy of the original document which has been translated.
(B) Arrest Records. If an applicant has ever been arrested,
a copy of the arrest and arrest disposition from the arresting authority
and must be submitted by that authority directly to the acupuncture
board.
(C) Malpractice. If an applicant has ever been named
in a malpractice claim filed with any liability carrier or if an applicant
has ever been named in a malpractice suit, the applicant shall submit
the following:
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