(a) For purposes of this chapter, an "acudetox specialist"
shall be defined as a person who is certified to practice auricular
acupuncture for the limited purpose of treating alcoholism, substance
abuse, and chemical dependency.
(b) Any person who does not possess a Texas acupuncture
license or is not otherwise authorized to practice acupuncture under
Tex. Occ. Code Ann. Title 3, Subtitle C, Chapter 205, may practice
as an acudetox specialist for the sole purpose of the treatment of
alcoholism, substance abuse, or chemical dependency upon obtaining
certification as an acudetox specialist only under the following conditions
listed in paragraphs (1) - (4) of this subsection:
(1) after issuance of certification by the Medical
Board, payment of any required fee and receipt of written confirmation
of certification from the Medical Board;
(2) after successful completion of a training program
in acupuncture for the treatment of alcoholism, substance abuse, or
chemical dependency, which has been approved by the Medical Board
with advice from the acupuncture board. Such program in auricular
acupuncture shall be 70 hours in length, and shall include a clean
needle technique course or equivalent universal infection control
precaution procedures course approved by the Medical Board;
(3) if the individual holds an unrestricted and current
license, registration, or certification issued by the appropriate
Texas regulatory agency authorizing practice as a social worker, a
licensed professional counselor, a licensed psychologist, a licensed
chemical dependency counselor, a licensed vocational nurse, or a licensed
registered nurse; provided, however, that such practice of acudetox
is not prohibited by the regulatory agency authorizing such practice
as a social worker, professional counselor, psychologist, chemical
dependency counselor, licensed vocational nurse, or registered nurse;
and,
(4) works under the supervision of a current and active
licensed Texas physician or licensed Texas acupuncturist, pursuant
to written protocols, who is readily available by telephonic means
or other methods of communication. Such protocols shall be agreed
upon and signed by the supervising Texas licensee and the acudetox
specialist, reviewed and signed at least annually and maintained on
site. The acudetox specialist must submit notification of any changes
in, or additions to, the person acting as a supervising physician
or acupuncturist for the acudetox specialist not later than the 30th
day after the date the change or addition is made.
(c) For purposes of this chapter, auricular acupuncture
shall be defined as acupuncture treatment limited to the insertion
of needles into five acupuncture points in the ear. These points being
the liver, kidney, lung, sympathetic and shen men.
(d) Certification as an acudetox specialist shall be
subject to suspension, revocation, or cancellation on any grounds
substantially similar to those set forth in the Act, §205.351
or for practicing acupuncture in violation of this chapter.
(e) Practitioners certified as acudetox specialists
shall keep records of patient care which at a minimum shall include
the dates of treatment, the purpose for the treatment, the name of
the patient, the points used, and the name, signature, and title of
the certificate-holder.
(f) The fee for certification as an acudetox specialist
for the treatment of alcoholism, substance abuse, or chemical dependency
shall be set in such an amount as to cover the reasonable cost of
administering and enforcing this chapter without recourse to any other
funds generated by the Medical or the Acupuncture Board. The application
and renewal fees are defined under §175.1 and §175.2 of
this title (relating to Application and Administrative Fees and Registration
and Renewal Fees).
(g) Certificate-holders under this chapter shall keep
a current mailing and practice address on file with the Medical Board
and shall notify the Medical Board in writing of any address change
within ten days of the change of address.
(h) Individuals practicing as an acudetox specialist
under the provisions of this chapter shall ensure that any patient
receiving such treatment is notified in writing of the qualifications
of the individual providing the acudetox treatment and the process
for filing complaints with the Medical Board, and shall ensure that
a copy of the notification is retained in the patient's record.
(i) Applications for certification as an acudetox specialist
shall be submitted in writing on a form approved by the Medical Board
which contains the information set forth in subsection (b) of this
section and any supporting documentation necessary to confirm such
information.
(j) Each individual who is certified as an acudetox
specialist may annually renew certification by completing and submitting
to the Medical Board an approved renewal form together with the following
as listed in paragraphs (1) - (3) of this subsection:
(1) documentation that the certification or license
as required by subsection (b)(3) of this section is still valid;
(2) proof of any Continuing Auricular Acupuncture Education
(CAAE) obtained as provided for in §183.21 of this title (relating
to Continuing Auricular Acupuncture Education for Acudetox Specialists);
and,
(3) payment of a certification renewal fee as set forth
under §175.2 of this title.
(k) Each individual who obtains certification as an
acudetox specialist under this section may only use the titles "Certified
Acudetox Specialist" or "C.A.S." to denote his or her specialized
training.
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Source Note: The provisions of this §183.14 adopted to be effective March 6, 2003, 28 TexReg 1883; amended to be effective May 1, 2006, 31 TexReg 3534; amended to be effective September 21, 2009, 34 TexReg 6449; amended to be effective January 24, 2016, 41 TexReg 623 |