| (i) a completed liability carrier form furnished by
the acupuncture board regarding each claim filed against the applicant's
insurance;
(ii) for each claim that becomes a malpractice suit,
a letter from the attorney representing the applicant directly to
this board explaining the allegation, dates of the allegation, and
current status of the suit. If the suit has been closed, the attorney
must state the disposition of the suit, and if any money was paid,
the amount of the settlement, unless release of such information is
prohibited by law or an order of a court with competent jurisdiction.
If such letter is not available, the applicant will be required to
furnish a notarized affidavit explaining why this letter cannot be
provided; and
(iii) a statement, composed by the applicant, explaining
the circumstances pertaining to patient care in defense of the allegations.
(D) Inpatient treatment for alcohol/substance abuse
or mental illness. Each applicant that has been admitted to an inpatient
facility within the last five years for the treatment of alcohol/substance
abuse or mental illness must submit the following:
(i) an applicant's statement explaining the circumstances
of the hospitalization;
(ii) an admitting summary and discharge summary, submitted
directly from the inpatient facility;
(iii) a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up
treatment recommended; and
(iv) a copy of any contracts or agreements signed with
any licensing authority.
(E) Outpatient treatment for alcohol/substance abuse
or mental illness. Each applicant that has been treated on an outpatient
basis within the last five years for alcohol/substance abuse or mental
illness must submit the following:
(i) an applicant's statement explaining the circumstances
of the outpatient treatment;
(ii) a statement from the applicant's treating physician/psychotherapist
as to diagnosis, prognosis, medications prescribed, and follow-up
treatment recommended; and
(iii) a copy of any contracts or agreements signed
with any licensing authority.
(F) Additional documentation. Additional documentation
as is deemed necessary to facilitate the investigation of any application
for licensure.
(G) DD214. A copy of the DD214 indicating separation
from any branch of the United States military must be submitted.
(H) Other verification. For good cause shown, with
the approval of the acupuncture board, verification of any information
required by this subsection may be made by a means not otherwise provided
for in this subsection.
(I) False documentation. Falsification of any affidavit
or submission of false information to obtain a license may subject
an acupuncturist to denial of a license or to discipline pursuant
to the Act, §205.351.
(4) Substitute documents/proof. The acupuncture board
may, at its discretion, allow substitute documents where proof of
exhaustive efforts on the applicant's part to secure the required
documents is presented. These exceptions are reviewed by the acupuncture
board, a board committee, or the board's executive director on an
individual case-by-case basis.
(d) Temporary license.
(1) Issuance. The acupuncture board may, through the
executive director of the agency, issue a temporary license to a licensure
applicant who:
(A) appears to meet all the qualifications for an acupuncture
license under the Act, but is waiting for the next scheduled meeting
of the acupuncture board for review and for the license to be issued;
or
(B) has not, on a full-time basis, actively practiced
as an acupuncturist as defined under subsection (a)(9) of this section
but meets all other requirements for licensure.
(2) Duration/renewal. A temporary license shall be
valid for 100 days from the date issued and may be extended only for
another 30 days after the date the initial temporary license expires.
Issuance of a temporary license may be subject to restrictions at
the discretion of the executive director and shall not be deemed dispositive
in regard to the decision by the acupuncture board to grant or deny
an application for a permanent license.
(e) Distinguished professor temporary license.
(1) Issuance. The acupuncture board may issue a distinguished
professor temporary license to an acupuncturist who:
(A) holds a substantially equivalent license, certificate,
or authority to practice acupuncture in another state, province, or
country;
(B) agrees to and limits any acupuncture practice in
this state to acupuncture practice for demonstration or teaching purposes
for acupuncture students and/or instructors, and in direct affiliation
with an acupuncture school that is a candidate for accreditation or
has accreditation through the Accreditation Commission for Acupuncture
and Oriental Medicine (ACAOM) at which the students are trained and/or
the instructors teach;
(C) agrees to and limits practice to demonstrations
or instruction under the direct supervision of a licensed Texas acupuncturist
who holds an unrestricted license to practice acupuncture in this
state;
(D) pays any required fees for issuance of the distinguished
professor temporary license; and
(E) passes the JP Exam, as provided in subsection (a)(7)
of this section.
(2) Duration. The distinguished professor temporary
license shall be valid for a continuous one-year period; however,
the permit is revocable at any time the board deems necessary. The
distinguished professor temporary license shall automatically expire
one year after the date of issuance. The distinguished professor temporary
license may not be renewed or reissued.
(3) Disciplinary action. A distinguished professor
temporary license may be denied, terminated, canceled, suspended,
or revoked for any violation of acupuncture board rules or the Act,
Subchapter H.
(f) Relicensure. If an acupuncturist's license has
been expired for one year, it is considered to have been canceled,
and the acupuncturist may not renew the license. The acupuncturist
may submit an application for relicensure and must comply with the
requirements and procedures for obtaining an original license.
|
| Source Note: The provisions of this §183.4 adopted to be effective May 5, 1997, 22 TexReg 3651; amended to be effective May 10, 1998, 23 TexReg 4266; amended to be effective March 5, 2000, 25 TexReg 1625; 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 31, 2002, 27 TexReg 2236; amended to be effective September 19, 2002, 27 TexReg 8770; amended to be effective March 6, 2003, 28 TexReg 1883; amended to be effective November 7, 2004, 29 TexReg 10113; amended to be effective May 1, 2006, 31 TexReg 3534; amended to be effective January 4, 2007, 31 TexReg 10799; amended to beeffective May 6, 2009, 34 TexReg 2675; amended to be effective May 2, 2010, 35 TexReg 3279; amended to be effective July 4, 2012, 37 TexReg 4929; amended to be effective December 7, 2014, 39 TexReg 9344; amended to be effective July 9, 2015, 40 TexReg 4354; amended to be effective July 7, 2016, 41 TexReg 4826; amended to be effective March 27, 2018, 43 TexReg 1865 |
