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(a)Acupuncture, and the related practices of acupressure
and meridian therapy, include methods for diagnosing and treating
a patient by stimulating specific points on or within the musculoskeletal
system by various means, including, but not limited to, manipulation,
heat, cold, pressure, vibration, laser, ultrasound, light electrocurrent,
and the insertion of acupuncture needles or solid filiform needles
for the purpose of obtaining a bio-positive reflex response by nerve
stimulation. All therapeutic modalities provided by licensees, including
the performance of acupuncture services, must comply with the chiropractic
scope of practice as defined by the Texas Occupations Code §201.002.
(b)A licensee shall use acupuncture as an adjunctive
modality only after obtaining certification to do so from the Texas
Board of Chiropractic Examiners (Board).
(c)A licensee with an acupuncture certification may
not delegate the performance of acupuncture services to a chiropractic
assistant or technician.
(d)Requirements for acupuncture certification.
(1)A person who becomes a licensee on or after the
effective date of this rule may receive an acupuncture certification
from the Board by successfully completing and passing an examination
in at least two-hundred (200) hours of training in the use and administration
of acupuncture. The classes must be provided by an accredited chiropractic
college or post-secondary university approved by the Board. Such training
shall include didactic, clinical, and practical training in the use
and administration of acupuncture, as well as clean needle techniques,
examination, and protocols that will satisfy the blood-borne pathogen
standard established by the federal Occupational Safety and Health
Administration.
(2)A person who became a licensee after January 1,
2010, and before the effective date of this rule shall have until
September 1, 2019, to obtain an acupuncture certification from the
Board by passing the National Board of Chiropractic Examiners' standardized
certification examination in acupuncture and completing 100 hours
of acupuncture training.
(3)A person who became a licensee before 2010 shall
have until September 1, 2019, to obtain an acupuncture certification
from the Board by having either:
(A)Successfully completed and passed an examination
in a 100-hour training course in the use and administration of acupuncture;
(B)Successfully completed and passed either the National
Board of Chiropractic Examiners' standardized certification examination
in acupuncture or the examination offered by the National Certification
Commission of Acupuncture before the effective date of this rule;
or
(C)Satisfied what would otherwise be the training
requirement by counting each year of the licensee's practice in which
the licensee performed acupuncture as an adjunct modality as ten (10)
hours of training in the use and administration of acupuncture, so
long as the licensee has been trained in and practicing acupuncture
for ten (10) years and is in good standing with the Board and the
regulatory entities of the other jurisdictions in which the licensee
is licensed.
(4)All licensees seeking certification in acupuncture
may verify training in acupuncture by submitting signed certificates
of attendance or completion, or diplomas from course sponsors or instructors.
All licensees seeking certification in acupuncture may document experience
by submitting a sample of patient records spanning the years claimed
for review by the board.
(e)As part of his or her required continuing education,
a licensee certified to perform acupuncture must complete a minimum
of eight (8) hours in acupuncture for each two (2) years of licensure.
The continuing education must be a course or seminar approved by the
Board.
(f)A licensee may not perform acupuncture services
until the licensee has submitted proof of compliance with subsection
(d) of this section to the Board and has received a numbered acupuncture
certificate from the Board, verifying that the licensee has met the
criteria and requisite training to use acupuncture as an adjunctive
modality.
(g)A licensee performing acupuncture services under
this section shall not advertise in a manner that would suggest the
licensee possesses a license to practice acupuncture issued by the
Texas State Board of Acupuncture Examiners, including by using any
of the terms "acupuncturist," "licensed acupuncturist," "L.Ac.," "Traditional
Chinese Medicine," or "degreed in acupuncture" unless the licensee
has satisfied the criteria for licensure found in Texas Occupations
Code chapter 205.
(h)A licensee's advertising may include either or
both of the terms "Board Certified" or "Board Certified in Chiropractic
Acupuncture" if it also clearly identifies the nationally recognized
certifying board and credentials. A licensee to whom the Board has
issued a certificate under this Rule may state that the licensee is
"Board Certified in Acupuncture as an adjunctive modality by the Texas
Board of Chiropractic Examiners."
(i)Traditional Chinese Medicine (TCM): Approved programs
in clinical acupuncture or meridian therapy offered by accredited
chiropractic colleges or universities are specifically designed for
Doctors of Chiropractic and other disciplines. These courses are not
intended as substitute for a full curriculum teaching TCM, but rather
focus on the principle, theory, scientific findings, and practical
modern application of the modality of acupuncture as a Doctor of Chiropractic
might use it in an existing professional practice.
(j)Notwithstanding anything else in this section,
a licensed chiropractor may provide for patients' use of herbal supplements
or remedies, homeopathic remedies and compounds, and nutritional supplements,
including vitamins and minerals.
(k)The practice of acupuncture as an adjunct modality
by a licensee who has not complied with the education and certification
requirements of this section constitutes unprofessional conduct and
subjects the licensee to appropriate disciplinary action by the Board.
A licensee who advertises the practice of acupuncture as a modality
without first obtaining an acupuncture certification from the Board
also has engaged in unprofessional conduct or other sanctionable conduct,
subjecting the licensee to appropriate disciplinary action by the
Board.
(l)A licensee performing acupuncture services under
this section shall comply with Texas Administrative Code §77.11(a).
(m)A licensee performing acupuncture services under
this section shall comply with the provisions of Texas Administrative
Code §78.2 - Proper diligence and Efficient Practice of Chiropractic.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of
State on July 9, 2018
TRD-201802992 Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 19, 2018
For further information, please call: (512) 305-6700
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