1. (a) For purposes of this chapter, an "acudetox specialist" shall be defined as a person who is certified to practice auricular acupuncture for the limited purpose of treating alcoholism, substance abuse, and chemical dependency.

2. (b) Any person who does not possess a Texas acupuncture license or is not otherwise authorized to practice acupuncture under the Medical Practice Act (Act), Texas Civil Statutes, Article 4495b, may practice as an acudetox specialist for the sole purpose of the treatment of alcoholism, substance abuse, or chemical dependency upon obtaining certification as an acudetox specialist only under the following conditions listed in paragraphs (1)-(4) of this subsection:

   1. (1) after issuance of certification by the Medical Board, payment of any required fee and receipt of written confirmation of certification from the Medical Board;
   2. (2) after successful completion of a training program in acupuncture for the treatment of alcoholism, substance abuse, or chemical dependency, which has been approved by the Medical Board. Such program in auricular acupuncture shall be 70 hours in length, and shall include a clean needle technique course or equivalent universal infection control precaution procedures course approved by the Medical Board;
   3. (3) if the individual holds an unrestricted and current license, registration, or certification issued by the appropriate Texas regulatory agency authorizing practice as a social worker, a licensed professional counselor, a licensed psychologist, a licensed chemical dependency counselor, or a licensed registered nurse; provided, however, that such practice of acudetox is not prohibited by the regulatory agency authorizing such practice as a social worker, professional counselor, psychologist, chemical dependency counselor, or registered nurse; and
   4. (4) if the individual works under protocol and has access to a licensed Texas physician or a licensed Texas acupuncturist readily available by telephonic means or other methods of communication.
3. (c) For purposes of this chapter, auricular acupuncture shall be defined as acupuncture treatment limited to the insertion of needles into five acupuncture points in the ear. These points being the liver, kidney, lung, sympathetic and shen men.
4. (d) Certification as an acudetox specialist shall be subject to suspension, revocation, or cancellation on any grounds substantially similar to those set forth in the Act, §6.11 or for practicing acupuncture in violation of this chapter.
5. (e) Practitioners certified as acudetox specialists shall keep records of patient care which at a minimum shall include the dates of treatment, the purpose for the treatment, the name of the patient, the points used, and the name, signature, and title of the certificate-holder.
6. (f) The fee for certification as an acudetox specialist for the treatment of alcoholism, substance abuse, or chemical dependency shall be set in such an amount as to cover the reasonable cost of administering and enforcing this chapter without recourse to any other funds generated by the Medical or the Acupuncture Board. Such fee shall be $50 for the initial application for certification and $25 per renewal.
7. (g) Certificate-holders under this chapter shall keep a current mailing and practice address on file with the Medical Board and shall notify the Medical Board in writing of any address change within ten days of the change of address.
8. (h) Individuals practicing as an acudetox specialist under the provisions of this chapter shall ensure that any patient receiving such treatment is notified in writing of the qualifications of the individual providing the acudetox treatment and the process for filing complaints with the Medical Board, and shall ensure that a copy of the notification is retained in the patient's record.
9. (i) Applications for certification as an acudetox specialist shall be submitted in writing on a form approved by the Medical Board which contains the information set forth in subsection (b) of this section and any supporting documentation necessary to confirm such information.

10. (j) Each individual who is certified as an acudetox specialist may annually renew certification by completing and submitting to the Medical Board an approved renewal form together with the following as listed in paragraphs (1)-(3) of this subsection:

    1. (1) documentation that the certification or license as required by subsection (b)(3) of this section is still valid;
    2. (2) proof of any Continuing Auricular Acupuncture Education (CAAE) obtained as provided for in §183.23 of this title (relating to Continuing Auricular Acupuncture Education for Acudetox Specialists); and
    3. (3) payment of a certification renewal fee in the amount of $25.
11. (k) Each individual who obtains certification as an acudetox specialist under this section may only use the titles "Certified Acudetox Specialist" or "C.A.S." to denote his or her specialized training.

12. (l) An acudetox specialist shall be eligible for certification by grandfathering upon proof of formal training in acudetox or proof of actively practicing acudetox in Texas for 12 of the last 36 months immediately preceding September 1, 1997. Active practice shall be defined as the administering of at least 200 documented acudetox treatments per year. Formal training shall at a minimum consist of documented period of education by an ACAOM accredited school or other nationally recognized institution, organization, or training program approved by the Medical Board. Proof of active practice shall be made by submitting, under oath, a written application for certification by grandfathering on a form approved by the Medical Board along with the required fee and all of the information shown in paragraph (1) of this subsection. Proof of formal training in acudetox shall be made by submitting, under oath, a written application for certification by grandfathering on a form approved by the Medical Board along with the required fee and the information contained in paragraph (2) of this subsection:

    1. (1) a typed affidavit in English by the applicant indicating the period of time actively engaged in the practice of acudetox and the number of treatments administered per year for the 12-month period out of the 36 months immediately preceding September 1, 1997; or
    2. (2) proof of formal training, including copies of transcripts, certificates, or other documents sufficient to the Medical Board to verify receipt of formal acudetox training.
13. (m) The last day for filing an application for certification for grandfathering under this section shall be 12 months from the date this rule becomes effective. An application shall be considered timely filed if postmarked within 12 months from the effective date of this rule, or received at the offices of the Medical Board on or before the last day for filing.

Source Note:The provisions of this §183.17 adopted to be effective March 4, 1998, 23 TexReg 1951; amended to be effective May 10, 1998, 23 TexReg 4266; amended to be effective November 22, 1998, 23 TexReg 11653.