| (a) Purpose. This section is promulgated to promote
the health, safety, and welfare of the people of Texas through the
establishment of minimum requirements for continuing acupuncture education
(CAE) for licensed Texas acupuncturists so as to further enhance their
professional skills and knowledge.
(b) Minimum Continuing Acupuncture Education. As a
prerequisite to the biennial registration of the license of an acupuncturist,
the acupuncturist shall complete 34 hours of CAE every 24 months.
(1) The required hours shall be from courses that meet
one of the following criteria at the time the hours are taken:
(A) are designated or otherwise approved for credit
by the Texas State Board of Acupuncture Examiners based on a review
and recommendation of the course content by the Education Committee
of the board as described in subsection (n) of this section;
(B) are offered by providers approved by the Texas
State Board of Acupuncture Examiners;
(C) have been approved for CAE credit for a minimum
of three years by another state acupuncture board, having first gone
through a formal approval process in such state;
(D) approved by the NCCAOM (National Certification
Commission for Acupuncture and Oriental Medicine) for professional
development activity credit; or
(E) are provided outside of the United States by a
provider of continuing acupuncture education that is acceptable to
the Board.
(2) The required CAE hours shall include the following
core hours:
(A) at least eight hours shall be in general acupuncture
therapies;
(B) at least two of the required hours shall be from
a course in ethics and safety;
(C) at least six of the required hours shall be in
herbology; and
(D) at least four hours of biomedicine.
(3) The remaining CAE hours may be from other courses
approved under paragraph (1) of this subsection, subject to the limitations
under paragraphs (5) through (7) of this subsection.
(4) Courses may be taught through live lecture, distance
learning, or the Internet.
(5) No more than four hours in courses that relate
to business practices or office administration may be applied to the
total hours required for each registration period.
(6) No more than a total of 16 hours completed under
paragraph (1)(D) or (E) of this subsection may be applied to the total
hours required each registration period.
(7) At least 18 hours applied to the total hours required
each registration period must be approved under paragraph (1)(A) -
(C) of this subsection.
(8) The required CAE shall include the completion of
a course in human trafficking prevention approved by the executive
commissioner of the Texas Health and Human Services Commission. The
course may be counted as part of the minimum 18 hours approved under
paragraph (1)(A)-(C) of this subsection.
(c) Reporting Continuing Acupuncture Education. An
acupuncturist must report on the licensee's registration form whether
the licensee has completed the required acupuncture education during
the previous two years.
(d) Grounds for Exemption from Continuing Acupuncture
Education. An acupuncturist may request in writing and may be exempt
from the biennial minimum continuing acupuncture education requirements
for one or more of the following reasons:
(1) the licensee's catastrophic illness;
(2) the licensee's military service of longer than
one year in duration;
(3) the licensee's acupuncture practice and residence
of longer than one year in duration outside the United States; and/or
(4) good cause shown on written application of the
licensee which gives satisfactory evidence to the board that the licensee
is unable to comply with the requirements of continuing acupuncture
education.
(e) Exemption Requests. Exemption requests shall be
subject to the approval of the executive director of the board, and
shall be submitted in writing at least 30 days prior to the expiration
of the license.
(f) Exemption Duration and Renewal. An exemption granted
under subsections (d) and (e) of this section may not exceed one year,
but may be renewed biennially upon written request submitted at least
30 days prior to the expiration of the current exemption.
(g) Verification of Credits. The board may require
written verification of continuing acupuncture education hours from
any licensee and the licensee shall provide the requested verification
within 30 calendar days of the date of the request. Failure to timely
provide the requested verification may result in disciplinary action
by the board.
(h) Nonrenewal for Insufficient Continuing Acupuncture
Education. Unless exempted under the terms of this section, the apparent
failure of an acupuncturist to obtain and timely report the 34 hours
of continuing education hours as required and provided for in this
section shall result in nonrenewal of the license until such time
as the acupuncturist obtains and reports the required hours; however,
the executive director of the board may issue to such an acupuncturist
a temporary license numbered so as to correspond to the non-renewed
license. Such a temporary license issued pursuant to this subsection
may be issued to allow the board to verify the accuracy of information
related to the continuing acupuncture education hours of the acupuncturist
and to allow the acupuncturist who has not obtained or timely reported
the required number of hours an opportunity to correct any deficiency
so as not to require termination of ongoing patient care.
(i) Fee for Issuance of Temporary License. The fee
for issuance of a temporary license pursuant to the provisions of
this section shall be in the amount specified under §175.1 of
this title (relating to Application Fees); however, the fee need not
be paid prior to the issuance of the temporary license, but shall
be paid prior to the renewal of a permanent license.
(j) Application of Additional Hours. Continuing acupuncture
education hours that are obtained to comply with the requirements
for the preceding registration period, as a prerequisite for licensure
renewal, shall first be credited to meet the requirements for that
previous registration period. Once the requirements of the previous
registration period are satisfied, any additional hours obtained shall
be credited to meet the continuing acupuncture education requirements
of the current registration period. A licensee may carry forward CAE
hours earned prior to a biennial registration report, which are in
excess of the 34-hour biennial requirement and such excess hours may
be applied to the following registration periods' requirements, except
for the required course under subsection (b)(8) of this section. A
maximum of 34 total excess hours may be carried forward. Excess CAE
hours may not be carried forward or applied to a biennial report of
CAE more than two years beyond the date of the registration following
the period during which the hours were earned.
(k) False Reports/Statements. An intentionally false
report or statement to the board by a licensee regarding continuing
acupuncture education hours reportedly obtained shall be a basis for
disciplinary action by the board pursuant to the Act, §205.351(a)(2)
and (6).
(l) Monetary Penalty. Failure to obtain and timely
report the continuing acupuncture education hours for renewal of a
license shall subject the licensee to a monetary penalty for late
registration in the amount set forth in §175.2 and §175.3
of this title (relating to Registration and Renewal Fees and Penalties).
(m) Disciplinary Action, Conditional Licensure, and
Construction. This section shall be construed to allow the board to
impose requirements for completion of additional continuing acupuncture
education hours for purposes of disciplinary action and conditional
licensure.
(n) Required Content for Continuing Acupuncture Education
Courses. Continuing Acupuncture Education courses must meet the following
requirements:
(1) the content of the course, program, or activity
is related to the practice of acupuncture or oriental medicine, and
shall:
(A) be related to the knowledge and/or technical skills
required to practice acupuncture; or
(B) be related to direct and/or indirect patient care;
(2) the method of instruction is adequate to teach
the content of the course, program, or activity;
(3) the credentials of the instructor(s) indicate competency
and sufficient training, education, and experience to teach the specific
course, program, or activity;
(4) the education provider maintains an accurate attendance/participation
record on individuals completing the course, program, or activity;
(5) each credit hour for the course, program, or activity
is equal to no less than 50 minutes of actual instruction or training;
(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.
Cont'd... |
