| (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.
Cont'd... |
