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New Rules for Acupuncture Licensure in Texas

Man Getting Acupuncture TreatmentTexas acupuncturist are licensed by Texas State Board of Acupuncture Examiners, which is part of the Texas Medical Board (TMB). Recently the TMB adopted amendments to the rules for acupuncture licensure in Texas.

Update to Rules on Acupuncture Licensure

The amendments pertain to qualifications for licensure. The new language under subsection (a)(5) allows an applicant for licensure to appear before the licensure committee of the Board to request reconsideration of the applicant's ineligibility based on their failure to pass the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) exam within five attempts.

The pertinent portion of the amended rule states: "An applicant who is unable to pass each component of the NCCAOM examination, within five attempts, may be allowed to appear before the Licensure Committee of the board to reconsider the applicant's ineligibility if the applicant:

  • is allowed a 6th attempt by NCCAOM;
  • passes on the 6th attempt; and
  • presents satisfactory evidence to the board as to why the applicant required an additional examination attempt and demonstrates good cause as to why applicant's determination of ineligibility should be reconsidered."

22 Tex Admin. Code. § 183.4(a)(5)(B). This amendment allows the Board of Acupuncture Examiners discretion to reconsider such ineligibility determination.

Update to Rules on Acupuncture Advertising

The amendments to the regulations on Acupuncture Advertising removed language requiring that an acupuncturist include their license number on print advertising. 22 Tex Admin. Code. § 183.19. Acupuncturists are precluded from using false, misleading, or deceptive advertising.

Update to Rules on Continuing Acupuncture Education

The amendments concerning Continuing Acupuncture Education, adds language to:

  • Clarify the criteria for the courses from which the requisite CAE hours are taken. 22 Tex Admin. Code. § 183.20(b)(1).
    • The required hours shall be from courses that meet one of the following criteria:
      • (A) Are designated or otherwise approved for credit by the Texas State Board of Acupuncture Examiners based on a review and recommendation of the course content by the Education Committee of the board;
      • (B) Are offered by providers approved by the Texas State Board of Acupuncture Examiners;
      • (C) Have been approved for CAE credit for a minimum of three years by another state acupuncture board, having first gone through a formal approval process in such state;
      • (D) Approved by the NCCAOM for professional development activity credit;
      • (E) Or are provided outside of the United States by a provider of continuing acupuncture education that is acceptable to the Board. 22 Tex Admin. Code. § 183.20(b)(1)(A)-(E).
  • A new subsection is added to clarify the number of CAE hours from courses approved under each category delineated under subsection (b)(1). 22 Tex Admin. Code. § 183.20(b)(3).
    • There is an eight-hour cap on how many hours can be completed as courses that are approved by the NCCAOM for professional development activity credit, or that are provided outside of the United States (subsections (D) and (E) above). 22 Tex Admin. Code. § 183.20(b)(5).
    • At least nine hours of the total required hours must be approved under subsections (A), (B), and (C) listed above. 22 Tex Admin. Code. § 183.20(b)(6).
  • Specify the number of CAE hours and specific topics which must be taken each year. 22 Tex Admin. Code. § 183.20(b)(2).

Defending Your Texas Acupuncture License

If you are facing a licensing issue or someone has filed a complaint against you with the Texas State Board of Acupuncture Examiners, you need an experienced medical license defense attorney. Even a single complaint filed with the Board can jeopardize your acupuncturist career, livelihood, and your professional reputation.

You have the right to defend yourself and the right to representation during the entire complaint process. Our attorneys know how to represent acupuncturists at every stage of the complaint process, from the initial investigation and any settlement negotiations through subsequent hearings that may follow.

Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.

If you have received a licensing complaint, BERTOLINO LLP can help. We represent licensed professionals across the entire State of Texas. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation. Contact us today or call (800) 210-0126 and schedule a case evaluation.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our law firm has been able to help people across the state of Texas. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

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