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RULE §183.20Continuing Acupuncture Education

  (2) A person or organization may be issued only one provider number. When two or more approved providers co-sponsor a course, the course shall be identified by only one provider number and that provider shall assume responsibility for recordkeeping, advertising, issuance of certificates and instructor(s) qualifications.

  (3) An approved provider shall offer CAE programs that are presented or instructed by persons who meet the minimum criteria as described in subsection (t) of this section.

  (4) An approved provider shall keep the following records for a period of four years in one identified location:

    (A) Course outlines of each course given.

    (B) Record of time and places of each course given.

    (C) Course instructor curriculum vitaes or resumes.

    (D) The attendance record for each course.

    (E) Participant evaluation forms for each course given.

  (5) An approved provider shall submit to the board the following within ten days of the board's request:

    (A) A copy of the attendance record showing the name, signature and license number of any licensed acupuncturists who attended the course.

    (B) The participant evaluation forms of the course.

  (6) Approved providers shall issue, within 60 days of the conclusion of a course, to each participant who has completed the course, a certificate of completion that contains the following information:

    (A) Provider's name and number.

    (B) Course title.

    (C) Participant's name and, if applicable, his or her acupuncture license number.

    (D) Date and location of course.

    (E) Number of continuing education hours completed.

    (F) Description of hours indicating whether hours completed are in general acupuncture, ethics, herbology, biomedicine, or practice management.

    (G) Statement directing the acupuncturist to retain the certificate for at least four years from the date of completion of the course.

  (7) Approved providers shall notify the board within 30 days of any changes in organizational structure of a provider and/or the person(s) responsible for the provider's continuing education course, including name, address, or telephone number changes.

  (8) Provider approval is non-transferable.

  (9) The board may audit during reasonable business hours records, courses, instructors and related activities of an approved provider.

(t) Instructors.

  (1) Minimum qualifications of an acupuncturist instructor. The instructor must:

    (A) hold a current valid license to practice acupuncture in Texas or other state and be free of any disciplinary order or probation by a state licensing authority; and

    (B) be knowledgeable, current and skillful in the subject matter of the course as evidenced through one of the following:

      (i) hold a minimum of a master's degree from an accredited college or university or a post-secondary educational institution, with a major in the subject directly related to the content of the program to be presented;

      (ii) have experience in teaching similar subject matter content within the last two years in the specialized area in which he or she is teaching;

      (iii) have at least one year's experience within the last two years in the specialized area in which he or she is teaching; or

      (iv) have graduated from an acceptable acupuncture school, as defined under §183.2(2) of this title, and have completed 3 years of professional experience in the licensed practice of acupuncture.

  (2) Minimum qualifications of a non-acupuncturist instructor. The instructor must:

    (A) be currently licensed or certified in his or her area of expertise if appropriate;

    (B) show written evidence of specialized training or experience, which may include, but not be limited to, a certificate of training or an advanced degree in a given subject area; and

    (C) have at least one year's teaching experience within the last two years in the specialized area in which he or she teaches.

(u) CAE Credit for Course Instruction. Instructors of board-approved CAE courses or courses taught through a program offered by an approved provider for CAE credit may receive three hours of CAE credit for each hour of lecture, not to exceed six hours of continuing education credit per year, regardless of how many hours taught. Participation as a member of a panel presentation for the approved course shall not entitle the participant to earn CAE credit as an instructor. No CAE credit shall be granted to school faculty members as credit for their regular teaching assignments.

(v) Expiration, Denial and Withdrawal of Approval.

  (1) Approval of any CAE course shall expire three years after the date of approval.

  (2) The board may withdraw its approval of a provider or deny an application for approval if the provider is convicted of a crime substantially related to the activities of a provider.

  (3) Any material misrepresentation of fact by a provider or applicant in any information required to be submitted to the board is grounds for withdrawal of approval or denial of an application.

  (4) The board may withdraw its approval of a provider after giving the provider written notice setting forth its reasons for withdrawal and after giving the provider a reasonable opportunity to be heard by the board or its designee.

  (5) Should the board deny approval of a provider, the provider may appeal the action by filing a letter stating the reason(s) with the board. The letter of appeal shall be filed with the board within ten days of the mailing of the applicant's notification of the board's denial. The appeal shall be considered by the board.

(w) An acupuncturist, who is a military service member, may request an extension of time, not to exceed two years, to complete any CAE requirements.

Source Note: The provisions of this §183.20 adopted to be effective September 21, 2000, 25 TexReg 9217; amended to be effective January 6, 2002, 26 TexReg 10866; amended to be effective September 19, 2002, 27 TexReg 8770; amended to be effective June 29, 2003, 28 TexReg 4633; amended to be effective September 14, 2003, 28 TexReg 7704; amended to be effective March 6, 2005, 30 TexReg 1076; amended to be effective January 4, 2007, 31 TexReg 10799; amended to be effective May 6, 2009, 34 TexReg 2675; amended to be effective February 28, 2011, 36 TexReg 1278; amended to be effective June 28, 2011, 36 TexReg 3918; amended to be effective July 7, 2016, 41 TexReg 4826; amended to be effective March 27,2018,43 TexReg 1865; amended to be effective September 16, 2018, 43 TexReg 5777

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