(6) the course, program, or activity is provided by
a knowledgeable health care provider or reputable school, state, or
professional organization;
(7) the course description provides adequate information
so that each participant understands the basis for the program and
the goals and objectives to be met; and
(8) the education provider obtains written evaluations
at the end of each program, collate the evaluations in a statistical
summary, and makes the summary available to the board upon request.
(o) Continuing Acupuncture Education Approval Requests.
All requests for approval of courses, programs, or activities for
purposes of satisfying CAE credit requirements shall be submitted
in writing to the Education Committee of the board on a form approved
by the board, along with any required fee, and accompanied by information,
documents, and materials accurately describing the course, program,
or activity, and necessary for verifying compliance with the requirements
set forth in subsection (n) of this section. At the discretion of
the board or the Education Committee, supplemental information, documents,
and materials may be requested as needed to obtain an adequate description
of the course, program, or activity and to verify compliance with
the requirements set forth in subsection (n) of this section. At the
discretion of the board or the Education Committee, inspection of
original supporting documents may be required for a determination
on an approval request. The Acupuncture Board shall have the authority
to conduct random and periodic checks of courses, programs, or activities
to ensure that criteria for education approval as set forth in subsection
(n) of this section have been met and continue to be met by the education
provider. Upon requesting approval of a course, program, or activity,
the education provider shall agree to such checks by the Acupuncture
Board or its designees, and shall further agree to provide supplemental
information, documents, and material describing the course, program,
or activity which, in the discretion of the Acupuncture Board, may
be needed for approval or continued approval of the course, program,
or activity. Failure of an education provider to provide the necessary
information, documents, and materials to show compliance with the
standards set forth in subsection (n) of this section shall be grounds
for denial of CAE approval or rescission of prior approval in regard
to the course, program, or activity.
(p) Reconsideration of Denials of Approval Requests.
Determinations to deny approval of a CAE course, program, or activity
may be reconsidered by the Education Committee or the board based
on additional information concerning the course, program, or activity,
or upon a showing of good cause for reconsideration. A decision to
reconsider a denial determination shall be a discretionary decision
based on consideration of the additional information or the good cause
showing. Requests for reconsideration shall be made in writing by
the education provider, and may be made orally or in writing by board
staff or a committee of the board.
(q) Reconsideration of Approvals. Determinations to
approve a CAE course, program, or activity may be reconsidered by
the Education Committee or the board based on additional information
concerning the course, program, or activity, or upon a showing of
good cause. A decision to reconsider an approval determination shall
be a discretionary decision based on consideration of the additional
information or the good cause showing. Requests for reconsideration
may be made in writing by a member of the public or may be made orally
or in writing by board staff or a committee of the board.
(r) Criteria for Provider Approval.
(1) In order to be an approved provider, a provider
shall submit to the board a provider application on a form approved
by the board, along with any required fee. All provider applications
and documentation submitted to the board shall be typewritten and
in English.
(2) To become an approved provider, a provider shall
submit to the board evidence that the provider has three continuous
years of previous experience providing at least one different CAE
course in Texas in each of those years that were approved by the board.
In addition the provider must have no history of complaints or reprimands
with the board.
(3) The approval of the provider shall expire three
years after it is issued by the board and may be renewed upon the
filing of the required application, along with any required fee.
(4) Acupuncture schools and colleges which have been
approved by the board, as defined under §183.2(2) of this title
(relating to Definitions), who seek to be approved providers shall
be required to submit an application for an approved provider number
to the board.
(s) Requirements of Approved Providers.
(1) For the purpose of this chapter, the title "approved
provider" can only be used when a person or organization has submitted
a provider application form, and has been issued a provider number
unless otherwise provided.
(2) A person or organization may be issued only one
provider number. When two or more approved providers co-sponsor a
course, the course shall be identified by only one provider number
and that provider shall assume responsibility for recordkeeping, advertising,
issuance of certificates and instructor(s) qualifications.
(3) An approved provider shall offer CAE programs that
are presented or instructed by persons who meet the minimum criteria
as described in subsection (t) of this section.
(4) An approved provider shall keep the following records
for a period of four years in one identified location:
(A) course outlines of each course given;
(B) record of time and places of each course given;
(C) course instructor curriculum vitaes or resumes;
(D) the attendance record for each course; and
(E) participant evaluation forms for each course given.
(5) An approved provider shall submit to the board
the following within ten days of the board's request:
(A) a copy of the attendance record showing the name,
signature and license number of any licensed acupuncturists who attended
the course; and
(B) the participant evaluation forms of the course.
(6) Approved providers shall issue, within 60 days
of the conclusion of a course, to each participant who has completed
the course, a certificate of completion that contains the following
information:
(A) provider's name and number;
(B) course title;
(C) participant's name and, if applicable, his or her
acupuncture license number;
(D) date and location of course;
(E) number of continuing education hours completed;
(F) description of hours indicating whether hours completed
are in general acupuncture, ethics, herbology, biomedicine, or practice
management; and
(G) statement directing the acupuncturist to retain
the certificate for at least four years from the date of completion
of the course.
(7) Approved providers shall notify the board within
30 days of any changes in organizational structure of a provider and/or
the person(s) responsible for the provider's continuing education
course, including name, address, or telephone number changes.
(8) Provider approval is non-transferable.
(9) The board may audit during reasonable business
hours records, courses, instructors and related activities of an approved
provider.
(t) Instructors.
(1) Minimum qualifications of an acupuncturist instructor.
The instructor must:
(A) hold a current valid license to practice acupuncture
in Texas or other state and be free of any disciplinary order or probation
by a state licensing authority; and
(B) be knowledgeable, current and skillful in the subject
matter of the course as evidenced through one of the following:
(i) hold a minimum of a master's degree from an accredited
college or university or a post-secondary educational institution,
with a major in the subject directly related to the content of the
program to be presented;
(ii) have experience in teaching similar subject matter
content within the last two years in the specialized area in which
he or she is teaching;
(iii) have at least one year's experience within the
last two years in the specialized area in which he or she is teaching;
or
(iv) have graduated from an acceptable acupuncture
school, as defined under §183.2(2) of this title, and have completed
3 years of professional experience in the licensed practice of acupuncture.
(2) Minimum qualifications of a non-acupuncturist instructor.
The instructor must:
(A) be currently licensed or certified in his or her
area of expertise if appropriate;
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