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TITLE 22EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 183ACUPUNCTURE
RULE §183.20Continuing Acupuncture Education

  (6) the course, program, or activity is provided by a knowledgeable health care provider or reputable school, state, or professional organization;

  (7) the course description provides adequate information so that each participant understands the basis for the program and the goals and objectives to be met; and

  (8) the education provider obtains written evaluations at the end of each program, collate the evaluations in a statistical summary, and makes the summary available to the board upon request.

(o) Continuing Acupuncture Education Approval Requests. All requests for approval of courses, programs, or activities for purposes of satisfying CAE credit requirements shall be submitted in writing to the Education Committee of the board on a form approved by the board, along with any required fee, and accompanied by information, documents, and materials accurately describing the course, program, or activity, and necessary for verifying compliance with the requirements set forth in subsection (n) of this section. At the discretion of the board or the Education Committee, supplemental information, documents, and materials may be requested as needed to obtain an adequate description of the course, program, or activity and to verify compliance with the requirements set forth in subsection (n) of this section. At the discretion of the board or the Education Committee, inspection of original supporting documents may be required for a determination on an approval request. The Acupuncture Board shall have the authority to conduct random and periodic checks of courses, programs, or activities to ensure that criteria for education approval as set forth in subsection (n) of this section have been met and continue to be met by the education provider. Upon requesting approval of a course, program, or activity, the education provider shall agree to such checks by the Acupuncture Board or its designees, and shall further agree to provide supplemental information, documents, and material describing the course, program, or activity which, in the discretion of the Acupuncture Board, may be needed for approval or continued approval of the course, program, or activity. Failure of an education provider to provide the necessary information, documents, and materials to show compliance with the standards set forth in subsection (n) of this section shall be grounds for denial of CAE approval or rescission of prior approval in regard to the course, program, or activity.

(p) Reconsideration of Denials of Approval Requests. Determinations to deny approval of a CAE course, program, or activity may be reconsidered by the Education Committee or the board based on additional information concerning the course, program, or activity, or upon a showing of good cause for reconsideration. A decision to reconsider a denial determination shall be a discretionary decision based on consideration of the additional information or the good cause showing. Requests for reconsideration shall be made in writing by the education provider, and may be made orally or in writing by board staff or a committee of the board.

(q) Reconsideration of Approvals. Determinations to approve a CAE course, program, or activity may be reconsidered by the Education Committee or the board based on additional information concerning the course, program, or activity, or upon a showing of good cause. A decision to reconsider an approval determination shall be a discretionary decision based on consideration of the additional information or the good cause showing. Requests for reconsideration may be made in writing by a member of the public or may be made orally or in writing by board staff or a committee of the board.

(r) Criteria for Provider Approval.

  (1) In order to be an approved provider, a provider shall submit to the board a provider application on a form approved by the board, along with any required fee. All provider applications and documentation submitted to the board shall be typewritten and in English.

  (2) To become an approved provider, a provider shall submit to the board evidence that the provider has three continuous years of previous experience providing at least one different CAE course in Texas in each of those years that were approved by the board. In addition the provider must have no history of complaints or reprimands with the board.

  (3) The approval of the provider shall expire three years after it is issued by the board and may be renewed upon the filing of the required application, along with any required fee.

  (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;

Cont'd...

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