Texas Association of Acupuncture and Oriental Medicine

Support HB 3194

What this bill addresses:

1) The current law’s definition of acupuncture as the “non-incisive” insertion of an acupuncture needle is inconsistent with any common or technical understanding of the practice of acupuncture.  The Texas State Board of Acupuncture Examiners has publicly asserted that the current statutory definition of acupuncture is confusing, and that acupuncture is an invasive and incisive procedure. This bill simply changes the current distorted definition of acupuncture in the Acupuncture Chapter to more accurately reflect the nature of the practice of acupuncture and adds a reference to the federal definition of an acupuncture needle, again, to clarify what constitutes the practice of acupuncture.

 

2) Secondly, the literal construction of a provision in current law could inadvertently limit the practice of acupuncture to the extent it is interpreted to draw a distinction between treatments a Licensed Acupuncturist can only “recommend” versus those they "administer".  The bill’s proposed clean-up would correct the  potentially misleading statutory construction. 

 

3) Last, the bill clarifies that an “Acupuncturist” means someone who holds a license to practice acupuncture issued by the Acupuncture Board under Chapter 205, Occupations Code.  It conforms the Acupuncture Chapter’s treatment of title usage to that of other healthcare licensing chapters and makes the Acupuncture Chapter consistent with Acupuncture Board rules and Insurance Code Sec. 1451.001, which defines “acupuncturist” as “an individual licensed to practice acupuncture by the Texas State Board of Medical Examiners.”