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RULE §183.4Licensure

(a) Qualifications. An applicant must present satisfactory proof to the acupuncture board that the applicant meets the following requirements:

  (1) is at least 21 years of age;

  (2) is of good professional character as defined in §183.2 of this chapter (relating to Definitions);

  (3) has successfully completed 60 semester hours of general academic college level courses, other than in acupuncture school, that are not remedial and would be acceptable at the time they were completed for credit on an academic degree at a two or four year institution of higher education within the United States accredited by an agency recognized by the Higher Education Coordinating Board or its equivalent in other states as a regional accrediting body. Coursework completed as a part of a degree program in acupuncture or Oriental medicine may be accepted by the acupuncture board if, in the opinion of the acupuncture board, such coursework is substantially equivalent to the required hours of general academic college level coursework;

  (4) is a graduate of an acceptable approved acupuncture school;

  (5) has taken and passed, within five attempts, each component of the full National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) examination:

    (A) If an applicant submits to multiple attempts on a component before and on or after June 1, 2004, the number of attempts shall be combined based on the subject matter tested;

    (B) An applicant who is unable to pass each component of the NCCAOM examination, within five attempts, may be allowed to appear before the Licensure Committee of the board to reconsider applicant's ineligibility if the applicant:

      (i) is allowed a 6th attempt by NCCAOM;

      (ii) passes on the 6th attempt; and

      (iii) presents satisfactory evidence to the board as to why the applicant required an additional examination attempt and demonstrates good cause as to why applicant's determination of ineligibility should be reconsidered.

    (C) A decision to reconsider an applicant's ineligibility based on subparagraph (B) of this paragraph shall be a discretionary decision of the board;

  (6) has taken and passed the CCAOM (Council of Colleges of Acupuncture and Oriental Medicine) Clean Needle Technique (CNT) course and practical examination;

  (7) has taken and passed a jurisprudence examination ("JP exam"), which shall be conducted on the licensing requirements and other laws, rules, or regulations applicable to the acupuncture profession in this state. The jurisprudence examination shall be developed and administered as follows:

    (A) Questions for the JP Exam shall be prepared by agency staff with input from the Acupuncture board and the agency staff shall make arrangements for a facility by which applicants can take the examination.

    (B) Applicants must pass the JP exam with a score of 75 or better.

    (C) An examinee shall not be permitted to bring medical books, compends, notes, medical journals, calculators or other help into the examination room, nor be allowed to communicate by word or sign with another examinee while the examination is in progress without permission of the presiding examiner, nor be allowed to leave the examination room except when so permitted by the presiding examiner.

    (D) Irregularities during an examination such as giving or obtaining unauthorized information or aid as evidenced by observation or subsequent statistical analysis of answer sheets shall be sufficient cause to terminate an applicant's participation in an examination, invalidate the applicant's examination results, or take other appropriate action.

    (E) A person who has passed the JP Exam shall not be required to retake the Exam for another or similar license, except as a specific requirement of the board;

  (8) is able to communicate in English as demonstrated by one of the following:

    (A) passage of the NCCAOM examination taken in English;

    (B) passage of the TOEFL (Test of English as a Foreign Language) with a score of at least "intermediate" on the Reading and Listening sections and a score of at least "fair" on the Speaking and Writing sections of the Internet Based Test (iBT®), or a score of 550 or higher on the paper based test (PBT);

    (C) passage of the TSE (Test of Spoken English) with a score of 45 or higher;

    (D) passage of the TOEIC (Test of English for International Communication) with a score of 500 or higher;

    (E) graduation from an acceptable approved school of acupuncture located in the United States or Canada; or

    (F) at the discretion of the acupuncture board, passage of any other similar, validated exam testing English competency given by a testing service with results reported directly to the acupuncture board or with results otherwise subject to verification by direct contact between the testing service and the acupuncture board; and

  (9) can demonstrate current competence through the active practice of acupuncture as follows:

    (A) All applicants for licensure shall provide sufficient documentation to the board that the applicant has, on a full-time basis, actively treated persons, been a student at an acceptable approved acupuncture school, or been on the active teaching faculty of an acceptable approved acupuncture school, within either of the last two years preceding receipt of an application for licensure.

    (B) The term "full-time basis," for purposes of this section, shall mean at least 20 hours per week for 40 weeks duration during a given year.

    (C) Applicants who do not meet the requirements of subparagraphs (A) and (B) of this paragraph may, in the discretion of the executive director or board, be eligible for an unrestricted license or a restricted license subject to one or more of the following conditions or restrictions:

      (i) limitation of the practice of the applicant to specified components of the practice of acupuncture and/or exclusion of specified components of the practice of acupuncture; or

      (ii) remedial education including, but not limited to, enrollment, as a student, and successful completion of 240 hours of clinical practice at an acceptable approved acupuncture school or other structured program approved by the board.

  (10) Alternative License Procedure for Military Service Members, Military Veterans and Military Spouses.

    (A) An applicant who is a military service member, military veteran or military spouse may be eligible for alternative demonstrations of competency for certain licensure requirements. Unless specifically allowed in this subsection, an applicant must meet the requirements for licensure as specified in this chapter.

    (B) To be eligible, an applicant must be a military service member, military veteran or military spouse and meet one of the following requirements:

      (i) holds an active unrestricted acupuncture license issued by another state that has licensing requirements that are substantially equivalent to the requirements for a Texas acupuncture license; or

      (ii) within the five years preceding the application date held an acupuncture license in this state.

    (C) The executive director may waive any prerequisite to obtaining a license for an applicant described by this subsection after reviewing the applicant's credentials.

    (D) Applications for licensure from applicants qualifying under this subsection shall be expedited by the board's licensure division.

    (E) Alternative Demonstrations of Competency Allowed. Applicants qualifying under this subsection:

      (i) are not required to comply with subsection (c)(1) of this section; and

      (ii) notwithstanding the one year expiration in subsection (b)(1)(B) of this section, are allowed an additional 6 months to complete the application prior to it becoming inactive; and

      (iii) notwithstanding the 60 day deadline in subsection (b)(1)(G) of this section, may be considered for permanent licensure up to 5 days prior to the board meeting.

    (F) Applicants with Military Experience.

      (i) For applications filed on or after March 1, 2014, the board shall, with respect to an applicant who is a military service member or military veteran as defined in §183.2 of this chapter, credit verified military service, training, or education toward the licensing requirements, other than an examination requirement, for a license issued by the board.

      (ii) This section does not apply to an applicant who:

        (I) has had an acupuncture license suspended or revoked by another state or a Canadian province;

        (II) holds an acupuncture license issued by another state or a Canadian province that is subject to a restriction, disciplinary order, or probationary order; or

        (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.


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