The following words and terms, when used in this chapter, shall have the following meanings, unless the content clearly indicates otherwise.

1. (1) Ability to communicate in the English language--An applicant who has passed the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) examination in English within three attempts. The Executive Director will review on a case-by-case basis the application of any applicant who did not pass the NCCAOM examination within three attempts and it will be at his discretion to evaluate the applicant's eligibility for licensure.

2. (2) Acceptable approved acupuncture school--Effective January 1, 1996, with the exception of the provisions outlined in §183.4(h) of this title (relating to Exceptions),

   1. (A) a school of acupuncture located in the United States or Canada which, at the time of the applicant's graduation, was a candidate for accreditation by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM), offered no more than a certificate upon graduation, and had a curriculum of 1,800 hours with at least 450 hours of herbal studies which at a minimum included the following:

      1. (i) basic herbology including recognition, nomenclature, functions, temperature, taste, contraindications, and therapeutic combinations of herbs;
      2. (ii) herbal formulas including traditional herbal formulas and their modification/variations based on traditional methods of herbal therapy;
      3. (iii) patent herbs including the names of the more common patent herbal medications and their uses; and
      4. (iv) clinical training emphasizing herbal uses; or

   2. (B) a school of acupuncture located in the United States or Canada which, at the time of the applicant's graduation, was accredited by ACAOM, offered a masters degree upon graduation, and had a curriculum of 1,800 hours with at least 450 hours of herbal studies which at a minimum included the following:

      1. (i) basic herbology including recognition, nomenclature, functions, temperature, taste, contraindications, and therapeutic combinations of herbs;
      2. (ii) herbal formulas including traditional herbal formulas and their modifications or variations based on traditional methods of herbal therapy;
      3. (iii) patent herbs including the names of the more common patent herbal medications and their uses; and
      4. (iv) clinical training emphasizing herbal uses; or
   3. (C) a school of acupuncture located outside the United States or Canada that is determined by the board to be substantially equivalent to a school defined in subparagraph (B) of this paragraph through an evaluation by a board-approved credential evaluation service; and
   4. (D) the requirements of this section shall be in addition to the requirements of the Medical Practice Act, §6.07, subsection (c), and shall be construed and applied so as to be consistent with the Act.
3. (3) Acceptable unapproved acupuncture school--A school or college located outside the United States or Canada that was not approved by the board at the time the degree was conferred but whose curriculum meets the requirements for an unapproved medical school as determined by a committee of experts selected by the Texas State Board of Acupuncture Examiners, subject to approval by the Texas State Board of Medical Examiners.

4. (4) Acupuncture--

   1. (A) The insertion of an acupuncture needle and the application of moxibustion to specific areas of the human body as a primary mode of therapy to treat and mitigate a human condition; and,
   2. (B) the administration of thermal or electrical treatments or the recommendation of dietary guidelines, energy flow exercise, or dietary or herbal supplements in conjunction with the treatment described by subparagraph (A) of this paragraph.
5. (5) Acupuncture board--The Texas State Board of Acupuncture Examiners.
6. (6) Acupuncturist--A licensee of the Texas State Board of Acupuncture Examiners.
7. (7) APA--The Administrative Procedure Act, Government Code, §2001.001 et seq.
8. (8) Applicant or petitioner--A party seeking a license or rule from the board.

9. (9) Application--An application is all documents and information necessary to complete an applicant's request for licensure including the following:

   1. (A) forms furnished by the board, completed by the applicant:

      1. (i) all forms and addenda requiring a written response must be printed in ink or typed;
      2. (ii) photographs must meet United States Government passport standards;
   2. (B) a fingerprint card, furnished by the acupuncture board, completed by the applicant, that must be readable by the Texas Department of Public Safety;
   3. (C) all documents required under §183.4(c) of this title (relating to Licensure Documentation); and
   4. (D) the required fee, payable by check through a United States bank.
10. (10) Assistant Presiding Officer--A member of the acupuncture board elected by the acupuncture board to fulfill the duties of the presiding officer in the event the presiding officer is incapacitated or absent, or the presiding officer's duly qualified successor under Robert's Rules of Order Newly Revised or board rules.
11. (11) Board--The Texas State Board of Acupuncture Examiners.
12. (12) Board member--One of the members of the acupuncture board, appointed and qualified pursuant to §6.04 of the Act.
13. (13) Chiropractor--A licensee of the Texas State Board of Chiropractic Examiners.
14. (14) Contested case--A proceeding, including but not restricted to, licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing.
15. (15) Documents--Applications, petitions, complaints, motions, protests, replies, exceptions, answers, notices, or other written instruments filed with the medical board or acupuncture board in a licensure proceeding or by a party in a contested case.
16. (16) Eligible for legal practice and/or licensure in country of graduation--An applicant who has completed all requirements for legal practice of acupuncture and/or licensure in the country in which the school is located except for any citizenship requirements.
17. (17) Executive Director--The executive director of the Texas State Board of Medical Examiners.
18. (18) Full force--Applicants for licensure who possess a license in another jurisdiction must have it in full force and not restricted for cause, canceled for cause, suspended for cause or revoked. An acupuncturist with a license in full force may include an acupuncturist who does not have a current, active, valid annual permit in another jurisdiction because that jurisdiction requires the acupuncturist to practice in the jurisdiction before the annual permit is current.
19. (19) Full NCCAOM examination--The National Certification Commission for Acupuncture and Oriental Medicine examination, consisting of the Comprehensive Written Exam (CWE), the Clean Needle Technique Portion (CNTP), and the Practical Examination of Point Location Skills (PEPLS), and, effective January 1, 1998, the Chinese Herbology Exam.
20. (20) Good professional character--An applicant for licensure must not be in violation of or have committed any act described in the Act, §6.11.
21. (21) Hearings Examiner, Examiner, Administrative Law Judge, or ALJ--An administrative law judge, duly employed by the State Office of Administrative Hearings.
22. (22) License--Includes the whole or part of any board permit, certificate, approval, registration, or similar form of permission required by law; specifically, a license and a registration.
23. (23) Licensing--Includes the medical board's and acupuncture board's process respecting the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.
24. (24) Medical board--The Texas State Board of Medical Examiners.
25. (25) Misdemeanors involving moral turpitude--Any misdemeanor of which fraud, dishonesty, or deceit is an essential element, any criminal violation of the Medical Practice Act, burglary, robbery, sexual offense, theft, child molesting, and substance diversion or substance abuse, or an offense involving baseness, vileness, or depravity in the private social duties one owes to others or to society in general, or an offense committed with knowing disregard for justice or honesty.
26. (26) Party--Each person named or admitted as a party whether an applicant, protestant, petitioner, complainant, respondent or intervenor, and the board.
27. (27) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.
28. (28) Physician--A licensee of the Texas State Board of Medical Examiners.
29. (29) Pleading--Written documents filed by parties concerning their respective claims.
30. (30) Presiding officer--The member of the acupuncture board appointed by the governor to preside over acupuncture board proceedings or the presiding officer's duly qualified successor in accordance with Robert's Rules of Order Newly Revised or board rules, a hearings examiner, administrative law judge, or other person presiding over the board.
31. (31) Register--The Texas Register.
32. (32) Rule--Any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedures or practice requirements of this board. The term includes the amendment or repeal of a prior section but does not include statements concerning only the internal management or organization of any agency and not affecting private rights or procedures. This definition includes substantive regulations.
33. (33) Secretary--The secretary-treasurer of the Texas State Board of Acupuncture Examiners.

34. (34) Substantially equivalent to a Texas acupuncture school--A school or college of acupuncture located outside the United States or Canada must be an institution of higher learning designed to select and educate acupuncture students; provide students with the opportunity to acquire a sound basic acupuncture education through training; to develop programs of acupuncture education to produce practitioners, teachers, and researchers; and to afford opportunity for postgraduate and continuing medical education. The school must provide resources, including faculty and facilities, sufficient to support a curriculum offered in an intellectual and practical environment that enables the program to meet these standards. The faculty of the school shall actively contribute to the development and transmission of new knowledge. The school of acupuncture shall contribute to the advancement of knowledge and to the intellectual growth of its students and faculty through scholarly activity, including research. The school of acupuncture shall include, but not be limited to, the following characteristics:

    1. (A) the facilities for didactic and clinical training (i.e., laboratories, hospitals, library, etc.) shall be adequate to ensure opportunity for proper education.
    2. (B) the admissions standards shall be substantially equivalent to a Texas school of acupuncture.
    3. (C) the basic curriculum shall include courses substantially equivalent to those delineated in the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM) core curriculum at the time of applicant's graduation.
    4. (D) the curriculum shall be of at least 1800 hours in duration.
35. (35) The Act--The Medical Practice Act, Article 4495b and its amendments.

Source Note:The provisions of this §183.2 adopted to be effective May 16, 1994, 19 TexReg 3366; amended to be effective December 20, 1994, 19 TexReg 9598; amended to be effective January 12, 1996, 21 TexReg 108; amended to be effective October 22, 1996, 21 TexReg 9828; amended to be effective September 15, 1997, 22 TexReg 8998; amended to be effective May 10, 1998, 23 TexReg 4266; amended to be effective September 21, 2000, 25 TexReg 9217.