(4) Acupuncture schools and colleges which have been
approved by the board, as defined under §183.2(2) of this title
(relating to Definitions), who seek to be approved providers shall
be required to submit an application for an approved provider number
to the board.
(s) Requirements of Approved Providers.
(1) For the purpose of this chapter, the title "approved
provider" can only be used when a person or organization has submitted
a provider application form, and has been issued a provider number
unless otherwise provided.
(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; and
(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; and
(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; and
(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.
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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; amended to be effective July 11, 2019, 44 TexReg 3437; amended to be effective December 31, 2020, 45 TexReg 9522 |