The following words and terms, when used in this chapter, shall
have the following meanings, unless the content clearly indicates
otherwise.
(1) Ability to communicate in the English language--An
applicant who has met the requirements set out in §183.4(a)(8)
of this title (relating to Licensure).
(2) Acceptable approved acupuncture school--Effective
January 1, 1996, and in addition to and consistent with the requirements
of §205.206 of the Tex. Occ. Code:
(A) a school of acupuncture located in the United States
or Canada which, at the time of the applicant's graduation, was a
candidate for accreditation by the Accreditation Commission for Acupuncture
and Oriental Medicine (ACAOM) or another accrediting body recognized
by the Texas Higher Education Coordinating Board, provides certification
that the curriculum at the time of the applicant's graduation was
equivalent to the curriculum upon which accreditation granted, offered
a masters degree or a professional certificate or diploma upon graduation,
and had a curriculum of 1,800 hours with at least 450 hours of herbal
studies which at a minimum included the following:
(i) basic herbology including recognition, nomenclature,
functions, temperature, taste, contraindications, and therapeutic
combinations of herbs;
(ii) herbal formulas including traditional herbal formulas
and their modifications or variations based on traditional methods
of herbal therapy;
(iii) patent herbs including the names of the more
common patent herbal medications and their uses; and
(iv) clinical training emphasizing herbal uses; or
(B) a school of acupuncture located in the United States
or Canada which, at the time of the applicant's graduation, was accredited
by ACAOM or another accrediting body recognized by the Texas Higher
Education Coordinating Board, offered a masters degree or a professional
certificate or diploma upon graduation, and had a curriculum of 1,800
hours with at least 450 hours of herbal studies which at a minimum
included the following:
(i) basic herbology including recognition, nomenclature,
functions, temperature, taste, contraindications, and therapeutic
combinations of herbs;
(ii) herbal formulas including traditional herbal formulas
and their modifications or variations based on traditional methods
of herbal therapy;
(iii) patent herbs including the names of the more
common patent herbal medications and their uses; and
(iv) clinical training emphasizing herbal uses; or
(C) a school of acupuncture located outside the United
States or Canada that is determined by the board to be substantially
equivalent to a Texas acupuncture school or a school defined in subparagraph
(B) of this paragraph. An evaluation by the American Association of
Collegiate Registrars and Admissions Officers (AACRAO) or an evaluation
requested by the board may be utilized when making a determination
of substantial equivalence.
(3) Acupuncture Act or "the Act"--Chapter 205 of the
Texas Occupations Code.
(4) Acupuncture--
(A) The 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 the 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 subparagraph (A) of this paragraph.
(5) Acupuncture board or "board"--The Texas State Board
of Acupuncture Examiners.
(6) Acupuncturist--A licensee of the acupuncture board
who directly or indirectly charges a fee for the performance of acupuncture
services.
(7) Agency--The divisions, departments, and employees
of the Texas Medical Board, the Texas Physician Assistant Board, and
the Texas State Board of Acupuncture Examiners.
(8) APA--The Administrative Procedure Act, Government
Code, §2001.001 et seq.
(9) Applicant--A party seeking a license from the board.
(10) Application--An application is all documents and
information necessary to complete an applicant's request for licensure
including the following:
(A) forms furnished by the board, completed by the
applicant:
(i) all forms and addenda requiring a written response
must be printed in ink or typed;
(ii) photographs must meet United States Government
passport standards;
(B) a fingerprint card, furnished by the acupuncture
board, completed by the applicant, that must be readable by the Texas
Department of Public Safety;
(C) all documents required under §183.4(c) of
this title (relating to Licensure Documentation); and
(D) the required fee, payable by check through a United
States bank.
(11) Assistant Presiding Officer--A member of the acupuncture
board elected by the acupuncture board to fulfill the duties of the
presiding officer in the event the presiding officer is incapacitated
or absent, or the presiding officer's duly qualified successor under
Robert's Rules of Order Newly Revised or board rules.
(12) Board member--One of the members of the acupuncture
board, appointed and qualified pursuant to §§205.051 - 205.053
of the Act.
(13) Chiropractor--A licensee of the Texas State Board
of Chiropractic Examiners.
(14) Contested case--A proceeding, including but not
restricted to, licensing, in which the legal rights, duties, or privileges
of a party are to be determined by the board after an opportunity
for adjudicative hearing.
(15) Documents--Applications, petitions, complaints,
motions, protests, replies, exceptions, answers, notices, or other
written instruments filed with the medical board or acupuncture board
in a licensure proceeding or by a party in a contested case.
(16) Eligible for legal practice and/or licensure in
country of graduation--An applicant who has completed all requirements
for legal practice of acupuncture and/or licensure in the country
in which the school is located except for any citizenship requirements.
(17) Executive Director--The executive director of
the agency or the authorized designee of the executive director.
(18) Full force--Applicants for licensure who possess
a license in another jurisdiction must have it in full force and not
restricted, canceled, suspended or revoked. An acupuncturist with
a license in full force may include an acupuncturist who does not
have a current, active, valid annual permit in another jurisdiction
because that jurisdiction requires the acupuncturist to practice in
the jurisdiction before the annual permit is current.
(19) Full NCCAOM examination--The National Certification
Commission for Acupuncture and Oriental Medicine examination, consisting
of the following:
(A) if taken before June 1, 2004: the Comprehensive
Written Exam (CWE), the Clean Needle Technique Portion (CNTP), the
Practical Examination of Point Location Skills (PEPLS), and the Chinese
Herbology Exam; or
(B) if taken on or after June 1, 2004: the NCCAOM Foundation
of Oriental Medicine Module, Acupuncture Module, Point Location Module,
the Chinese Herbology Module, and the Biomedicine Module.
(20) Good professional character--An applicant for
licensure must not be in violation of or have committed any act described
in the Act, §205.351.
(21) Administrative Law Judge (ALJ)--An individual
appointed to preside over administrative hearings pursuant to the
APA.
(22) License--Includes the whole or part of any board
permit, certificate, approval, registration, or similar form of permission
required by law; specifically, a license and a registration.
(23) Licensing--Includes the medical board's and acupuncture
board's process respecting the granting, denial, renewal, revocation,
suspension, annulment, withdrawal, or amendment of a license.
(24) Medical board--The Texas Medical Board.
(25) Misdemeanors involving moral turpitude--Any misdemeanor
of which fraud, dishonesty, or deceit is an essential element; burglary;
robbery; sexual offense; theft; child molesting; substance diversion
or substance abuse; an offense involving baseness, vileness, or depravity
in the private social duties one owes to others or to society in general;
or an offense committed with knowing disregard for justice or honesty.
(26) Party--The acupuncture board and each person named
or admitted as a party in a SOAH hearing or contested case before
the acupuncture board.
(27) Person--Any individual, partnership, corporation,
association, governmental subdivision, or public or private organization
of any character.
(28) Physician--A licensee of the medical board.
(29) Pleading--Written documents filed by parties concerning
their respective claims.
(30) Presiding officer--The member of the acupuncture
board appointed by the governor to preside over acupuncture board
proceedings or the presiding officer's duly qualified successor in
accordance with Robert's Rules of Order Newly Revised or board rules.
(31) Register--The Texas Register.
(32) Rule--Any agency statement of general applicability
that implements, interprets, or prescribes law or policy, or describes
the procedures or practice requirements of this board. The term includes
the amendment or repeal of a prior section but does not include statements
concerning only the internal management or organization of any agency
and not affecting private rights or procedures. This definition includes
substantive regulations.
(33) Secretary--The secretary-treasurer of the acupuncture
board.
(34) Substantially equivalent to a Texas acupuncture
school--A school or college of acupuncture that is an institution
of higher learning designed to select and educate acupuncture students;
provide students with the opportunity to acquire a sound basic acupuncture
education through training; to develop programs of acupuncture education
to produce practitioners, teachers, and researchers; and to afford
opportunity for postgraduate and continuing medical education. The
school must provide resources, including faculty and facilities, sufficient
to support a curriculum offered in an intellectual and practical environment
that enables the program to meet these standards. The faculty of the
school shall actively contribute to the development and transmission
of new knowledge. The school of acupuncture shall contribute to the
advancement of knowledge and to the intellectual growth of its students
and faculty through scholarly activity, including research. The school
of acupuncture shall include, but not be limited to, the following
characteristics:
(A) the facilities for didactic and clinical training
(i.e., laboratories, hospitals, library, etc.) shall be adequate to
ensure opportunity for proper education.
(B) the admissions standards shall be substantially
equivalent to a Texas school of acupuncture.
(C) the basic curriculum shall include courses substantially
equivalent to those delineated in the Accreditation Commission for
Acupuncture and Oriental Medicine (ACAOM) core curriculum at the time
of applicant's graduation.
(D) the curriculum shall be of at least 1800 hours
in duration.
(35) Military service member--A person who is on active
duty.
(36) Military spouse--A person who is married to a
military service member.
(37) Military veteran--A person who served on active
duty and who was discharged or released from active duty.
(38) Active duty--A person who is currently serving
as full-time military service member in the armed forces of the United
States or active duty military service as a member of the Texas military
forces, as defined by §437.001, Government Code, or similar military
service of another state.
(39) Armed forces of the United States--Army, Navy,
Air Force, Coast Guard, or Marine Corps of the United States or a
reserve unit of one of those branches of the armed forces.
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| Source Note: The provisions of this §183.2 adopted to be effective May 16, 1994, 19 TexReg 3366; amended to be effective December 20, 1994, 19 TexReg 9598; amended to be effective January 12, 1996, 21 TexReg 108; amended to be effective October 22, 1996, 21 TexReg 9828; amended to be effective September 15, 1997, 22 TexReg 8998; amended to be effective May 10, 1998, 23 TexReg 4266; amended to be effective September 21, 2000, 25 TexReg 9217; amended to be effective May 6, 2001, 26 TexReg 3217; amended to be effective January 6, 2002, 26 TexReg 10866; amended to be effective March 6, 2003, 28 TexReg 1883; amended to be effective September 12, 2004, 29 TexReg 8511; amended to be effective January 9, 2005,29TexReg12188;amendedto be effective May 1, 2006, 31 TexReg 3534; amended to be effective January 4, 2007, 31 TexReg 10799; amended to be effective May 6, 2009, 34 TexReg 2675; amended to be effective July 7, 2016, 41 TexReg 4826 |
