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(a)Acupuncture, and the related practices of acupressure
and meridian therapy, includes methods for diagnosing and treating
a patient by stimulating specific points on or within the musculoskeletal
system by various means, including 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.
(b)A licensee shall practice acupuncture only after
obtaining a permit from the Texas Board of Chiropractic Examiners
(Board).
(c)The Board shall place on each renewal license to
practice chiropractic a statement that a licensee who has met all
Board requirements is permitted to practice acupuncture. A licensee
whose license does not contain the statement permitting the practice
of acupuncture shall not practice or advertise the practice of acupuncture.
(d)A licensee with an acupuncture permit cannot delegate
the performance of acupuncture.
(e)Requirements for an acupuncture permit:
(1)On or after the effective date of this rule, a
licensee may receive an acupuncture permit from the Board by completing
at least one hundred (100) hours of training in acupuncture and passing
the National Board of Chiropractic Examiners' examination. The training
must be provided by an accredited chiropractic college, or post-secondary
university, or other educational or testing institution approved by
the Board. Such training shall include didactic, clinical, and practical
training in the practice of acupuncture, clean needle techniques,
examination, and protocols that meet the blood-borne pathogen standard
established by the Occupational Safety and Health Administration.
(2)A person who became a licensee after January 1,
2010, and before the effective date of this rule, who has been practicing
acupuncture in compliance with previous Board rules, shall have until
September 1, 2019, to obtain an acupuncture permit 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 January 1,
2010, shall have until September 1, 2019, to obtain an acupuncture
permit from the Board by having:
(A)Successfully completed and passed an examination
in a one hundred (100) hour training course in acupuncture; or
(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)Successfully completed formal training along with
providing a statement to the Board of having practiced acupuncture
in clinical practice for at least ten years before January 1, 2010,
and is in good standing with the Board and the regulatory entities
of the other jurisdictions in which the licensee is licensed. The
Board may audit any statement for accuracy.
(4)Documentation of acupuncture training shall be
in the form of signed certificates of attendance or completion, or
diplomas from course sponsors or instructors.
(f)A licensee permitted to practice acupuncture must
complete a minimum of eight (8) hours in Board-approved acupuncture
courses every biennium.
(g)A licensee shall not practice acupuncture until
the licensee has submitted proof of compliance with subsection (e)
and has received a permit from the Board.
(h)A licensee practicing acupuncture shall not advertise
in a manner that suggests the licensee possesses a license to practice
acupuncture issued by the Texas State Board of Acupuncture Examiners,
including using any of the terms "acupuncturist," "licensed acupuncturist,"
"L.Ac.," "Traditional Chinese Medicine," or "degreed in acupuncture."
(i)A licensee's advertising may include the terms
"Board Certified" or "Board Certified in Chiropractic Acupuncture"
if it also clearly identifies the nationally recognized certifying
board and credentials.
(j)Approved programs in clinical acupuncture or meridian
therapy offered by accredited chiropractic colleges or universities
are designed for doctors of chiropractic and other disciplines. These
courses are not intended as a substitute for a full curriculum teaching
traditional Chinese medicine; rather they focus on the principle,
theory, scientific findings, and practical modern application of acupuncture
as currently practiced by doctors of chiropractic.
(k)The practice of acupuncture by a licensee who has
not complied with the requirements of this section constitutes unprofessional
conduct and subjects the licensee to disciplinary action. A licensee
who advertises acupuncture without first obtaining a permit also has
engaged in unprofessional conduct.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on November 15, 2018
TRD-201804919 Christopher Burnett
General Counsel
Texas Board of Chiropractic
Examiners
Effective date: December 5, 2018
Proposal publication date: July 20, 2018
For further information, please call: (512) 305-6700
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