Section 183.20 - Continuing Acupuncture Education(a) Purpose. This section is promulgated to promote the health, safety, and welfare of the people of Texas through the establishment of minimum requirements for continuing acupuncture education (CAE) for licensed Texas acupuncturists so as to further enhance their professional skills and knowledge.(b) Minimum Continuing Acupuncture Education. As a prerequisite to the biennial registration of the license of an acupuncturist, the acupuncturist shall complete 34 hours of CAE every 24 months. (1) The required hours shall be from courses that meet one of the following criteria at the time the hours are taken:(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 as described in subsection (n) of this section;(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 (National Certification Commission for Acupuncture and Oriental Medicine) for professional development activity credit; or(E) are provided outside of the United States by a provider of continuing acupuncture education that is acceptable to the Board.(2) The required CAE hours shall include the following core hours: (A) at least eight hours shall be in general acupuncture therapies;(B) at least two of the required hours shall be from a course in ethics and safety;(C) at least six of the required hours shall be in herbology; and(D) at least four hours of biomedicine.(3) The remaining CAE hours may be from other courses approved under paragraph (1) of this subsection, subject to the limitations under paragraphs (5) through (7) of this subsection.(4) Courses may be taught through live lecture, distance learning, or the Internet.(5) No more than four hours in courses that relate to business practices or office administration may be applied to the total hours required for each registration period.(6) No more than a total of 16 hours completed under paragraph (1)(D) or (E) of this subsection may be applied to the total hours required each registration period.(7) At least 18 hours applied to the total hours required each registration period must be approved under paragraph (1)(A) - (C) of this subsection.(8) The required CAE shall include the completion of a course in human trafficking prevention approved by the executive commissioner of the Texas Health and Human Services Commission. The course may be counted as part of the minimum 18 hours approved under paragraph 1(A) - (C) of this subsection.(c) Reporting Continuing Acupuncture Education. An acupuncturist must report on the licensee's registration form whether the licensee has completed the required acupuncture education during the previous two years.(d) Grounds for Exemption from Continuing Acupuncture Education. An acupuncturist may request in writing and may be exempt from the biennial minimum continuing acupuncture education requirements for one or more of the following reasons: (1) the licensee's catastrophic illness;(2) the licensee's military service of longer than one year in duration;(3) the licensee's acupuncture practice and residence of longer than one year in duration outside the United States; and/or(4) good cause shown on written application of the licensee which gives satisfactory evidence to the board that the licensee is unable to comply with the requirements of continuing acupuncture education.(e) Exemption Requests. Exemption requests shall be subject to the approval of the executive director of the board, and shall be submitted in writing at least 30 days prior to the expiration of the license.(f) Exemption Duration and Renewal. An exemption granted under subsections (d) and (e) of this section may not exceed one year, but may be renewed biennially upon written request submitted at least 30 days prior to the expiration of the current exemption.(g) Verification of Credits. The board may require written verification of continuing acupuncture education hours from any licensee and the licensee shall provide the requested verification within 30 calendar days of the date of the request. Failure to timely provide the requested verification may result in disciplinary action by the board.(h) Nonrenewal for Insufficient Continuing Acupuncture Education. Unless exempted under the terms of this section, the apparent failure of an acupuncturist to obtain and timely report the 34 hours of continuing education hours as required and provided for in this section shall result in nonrenewal of the license until such time as the acupuncturist obtains and reports the required hours; however, the executive director of the board may issue to such an acupuncturist a temporary license numbered so as to correspond to the non-renewed license. Such a temporary license issued pursuant to this subsection may be issued to allow the board to verify the accuracy of information related to the continuing acupuncture education hours of the acupuncturist and to allow the acupuncturist who has not obtained or timely reported the required number of hours an opportunity to correct any deficiency so as not to require termination of ongoing patient care.(i) Fee for Issuance of Temporary License. The fee for issuance of a temporary license pursuant to the provisions of this section shall be in the amount specified under § 175.1 of this title (relating to Application Fees); however, the fee need not be paid prior to the issuance of the temporary license, but shall be paid prior to the renewal of a permanent license.(j) Application of Additional Hours. Continuing acupuncture education hours that are obtained to comply with the requirements for the preceding registration period, as a prerequisite for licensure renewal, shall first be credited to meet the requirements for that previous registration period. Once the requirements of the previous registration period are satisfied, any additional hours obtained shall be credited to meet the continuing acupuncture education requirements of the current registration period. A licensee may carry forward CAE hours earned prior to a biennial registration report, which are in excess of the 34-hour biennial requirement and such excess hours may be applied to the following registration periods' requirements, except for the required course under subsection (b)(8) of this section. A maximum of 34 total excess hours may be carried forward. Excess CAE hours may not be carried forward or applied to a biennial report of CAE more than two years beyond the date of the registration following the period during which the hours were earned.(k) False Reports/Statements. An intentionally false report or statement to the board by a licensee regarding continuing acupuncture education hours reportedly obtained shall be a basis for disciplinary action by the board pursuant to the Act, §205.351(a)(2) and (6).(l) Monetary Penalty. Failure to obtain and timely report the continuing acupuncture education hours for renewal of a license shall subject the licensee to a monetary penalty for late registration in the amount set forth in § 175.2 and § 175.3 of this title (relating to Registration and Renewal Fees and Penalties).(m) Disciplinary Action, Conditional Licensure, and Construction. This section shall be construed to allow the board to impose requirements for completion of additional continuing acupuncture education hours for purposes of disciplinary action and conditional licensure.(n) Required Content for Continuing Acupuncture Education Courses. Continuing Acupuncture Education courses must meet the following requirements: (1) the content of the course, program, or activity is related to the practice of acupuncture or oriental medicine, and shall:(A) be related to the knowledge and/or technical skills required to practice acupuncture; or(B) be related to direct and/or indirect patient care;(2) the method of instruction is adequate to teach the content of the course, program, or activity;(3) the credentials of the instructor(s) indicate competency and sufficient training, education, and experience to teach the specific course, program, or activity;(4) the education provider maintains an accurate attendance/participation record on individuals completing the course, program, or activity;(5) each credit hour for the course, program, or activity is equal to no less than 50 minutes of actual instruction or training;(6) the course, program, or activity is provided by a knowledgeable health care provider or reputable school, state, or professional organization;(7) the course description provides adequate information so that each participant understands the basis for the program and the goals and objectives to be met; and(8) the education provider obtains written evaluations at the end of each program, collate the evaluations in a statistical summary, and makes the summary available to the board upon request.(o) Continuing Acupuncture Education Approval Requests. All requests for approval of courses, programs, or activities for purposes of satisfying CAE credit requirements shall be submitted in writing to the Education Committee of the board on a form approved by the board, along with any required fee, and accompanied by information, documents, and materials accurately describing the course, program, or activity, and necessary for verifying compliance with the requirements set forth in subsection (n) of this section. At the discretion of the board or the Education Committee, supplemental information, documents, and materials may be requested as needed to obtain an adequate description of the course, program, or activity and to verify compliance with the requirements set forth in subsection (n) of this section. At the discretion of the board or the Education Committee, inspection of original supporting documents may be required for a determination on an approval request. The Acupuncture Board shall have the authority to conduct random and periodic checks of courses, programs, or activities to ensure that criteria for education approval as set forth in subsection (n) of this section have been met and continue to be met by the education provider. Upon requesting approval of a course, program, or activity, the education provider shall agree to such checks by the Acupuncture Board or its designees, and shall further agree to provide supplemental information, documents, and material describing the course, program, or activity which, in the discretion of the Acupuncture Board, may be needed for approval or continued approval of the course, program, or activity. Failure of an education provider to provide the necessary information, documents, and materials to show compliance with the standards set forth in subsection (n) of this section shall be grounds for denial of CAE approval or rescission of prior approval in regard to the course, program, or activity.(p) Reconsideration of Denials of Approval Requests. Determinations to deny approval of a CAE course, program, or activity may be reconsidered by the Education Committee or the board based on additional information concerning the course, program, or activity, or upon a showing of good cause for reconsideration. A decision to reconsider a denial determination shall be a discretionary decision based on consideration of the additional information or the good cause showing. Requests for reconsideration shall be made in writing by the education provider, and may be made orally or in writing by board staff or a committee of the board.(q) Reconsideration of Approvals. Determinations to approve a CAE course, program, or activity may be reconsidered by the Education Committee or the board based on additional information concerning the course, program, or activity, or upon a showing of good cause. A decision to reconsider an approval determination shall be a discretionary decision based on consideration of the additional information or the good cause showing. Requests for reconsideration may be made in writing by a member of the public or may be made orally or in writing by board staff or a committee of the board.(r) Criteria for Provider Approval. (1) In order to be an approved provider, a provider shall submit to the board a provider application on a form approved by the board, along with any required fee. All provider applications and documentation submitted to the board shall be typewritten and in English.(2) To become an approved provider, a provider shall submit to the board evidence that the provider has three continuous years of previous experience providing at least one different CAE course in Texas in each of those years that were approved by the board. In addition the provider must have no history of complaints or reprimands with the board.(3) The approval of the provider shall expire three years after it is issued by the board and may be renewed upon the filing of the required application, along with any required fee.(4) Acupuncture schools and colleges which have been approved by the board, as defined under § 183.2(2) of this title (relating to Definitions), who seek to be approved providers shall be required to submit an application for an approved provider number to the board.(s) Requirements of Approved Providers.(1) For the purpose of this chapter, the title "approved provider" can only be used when a person or organization has submitted a provider application form, and has been issued a provider number unless otherwise provided.(2) A person or organization may be issued only one provider number. When two or more approved providers co-sponsor a course, the course shall be identified by only one provider number and that provider shall assume responsibility for recordkeeping, advertising, issuance of certificates and instructor(s) qualifications.(3) An approved provider shall offer CAE programs that are presented or instructed by persons who meet the minimum criteria as described in subsection (t) of this section.(4) An approved provider shall keep the following records for a period of four years in one identified location: (A) course outlines of each course given;(B) record of time and places of each course given;(C) course instructor curriculum vitaes or resumes;(D) the attendance record for each course; and(E) participant evaluation forms for each course given.(5) An approved provider shall submit to the board the following within ten days of the board's request: (A) a copy of the attendance record showing the name, signature and license number of any licensed acupuncturists who attended the course; and(B) the participant evaluation forms of the course.(6) Approved providers shall issue, within 60 days of the conclusion of a course, to each participant who has completed the course, a certificate of completion that contains the following information: (A) provider's name and number;(C) participant's name and, if applicable, his or her acupuncture license number;(D) date and location of course;(E) number of continuing education hours completed;(F) description of hours indicating whether hours completed are in general acupuncture, ethics, herbology, biomedicine, or practice management; and(G) statement directing the acupuncturist to retain the certificate for at least four years from the date of completion of the course.(7) Approved providers shall notify the board within 30 days of any changes in organizational structure of a provider and/or the person(s) responsible for the provider's continuing education course, including name, address, or telephone number changes.(8) Provider approval is non-transferable.(9) The board may audit during reasonable business hours records, courses, instructors and related activities of an approved provider.(t) Instructors. (1) Minimum qualifications of an acupuncturist instructor. The instructor must: (A) hold a current valid license to practice acupuncture in Texas or other state and be free of any disciplinary order or probation by a state licensing authority; and(B) be knowledgeable, current and skillful in the subject matter of the course as evidenced through one of the following: (i) hold a minimum of a master's degree from an accredited college or university or a post-secondary educational institution, with a major in the subject directly related to the content of the program to be presented;(ii) have experience in teaching similar subject matter content within the last two years in the specialized area in which he or she is teaching;(iii) have at least one year's experience within the last two years in the specialized area in which he or she is teaching; or(iv) have graduated from an acceptable acupuncture school, as defined under § 183.2(2) of this title, and have completed 3 years of professional experience in the licensed practice of acupuncture.(2) Minimum qualifications of a non-acupuncturist instructor. The instructor must: (A) be currently licensed or certified in his or her area of expertise if appropriate;(B) show written evidence of specialized training or experience, which may include, but not be limited to, a certificate of training or an advanced degree in a given subject area; and(C) have at least one year's teaching experience within the last two years in the specialized area in which he or she teaches.(u) CAE Credit for Course Instruction. Instructors of board-approved CAE courses or courses taught through a program offered by an approved provider for CAE credit may receive three hours of CAE credit for each hour of lecture, not to exceed six hours of continuing education credit per year, regardless of how many hours taught. Participation as a member of a panel presentation for the approved course shall not entitle the participant to earn CAE credit as an instructor. No CAE credit shall be granted to school faculty members as credit for their regular teaching assignments.(v) Expiration, Denial and Withdrawal of Approval. (1) Approval of any CAE course shall expire three years after the date of approval.(2) The board may withdraw its approval of a provider or deny an application for approval if the provider is convicted of a crime substantially related to the activities of a provider.(3) Any material misrepresentation of fact by a provider or applicant in any information required to be submitted to the board is grounds for withdrawal of approval or denial of an application.(4) The board may withdraw its approval of a provider after giving the provider written notice setting forth its reasons for withdrawal and after giving the provider a reasonable opportunity to be heard by the board or its designee.(5) Should the board deny approval of a provider, the provider may appeal the action by filing a letter stating the reason(s) with the board. The letter of appeal shall be filed with the board within ten days of the mailing of the applicant's notification of the board's denial. The appeal shall be considered by the board.(w) An acupuncturist, who is a military service member, may request an extension of time, not to exceed two years, to complete any CAE requirements.22 Tex. Admin. Code § 183.20
The provisions of this §183.20 adopted to be effective September 21, 2000, 25 TexReg 9217; amended to be effective January 6, 2002, 26 TexReg 10866; amended to be effective September 19, 2002, 27 TexReg 8770; amended to be effective June 29, 2003, 28 TexReg 4633; amended to be effective September 14, 2003, 28 TexReg 7704; amended to be effective March 6, 2005, 30 TexReg 1076; amended to be effective January 4, 2007, 31 TexReg 10799; amended to be effective May 6, 2009, 34 TexReg 2675; amended to be effective February 28, 2011, 36 TexReg 1278; amended to be effective June 28, 2011, 36 TexReg 3918; Amended by Texas Register, Volume 41, Number 27, July 1, 2016, TexReg 4826, eff. 7/7/2016; Amended by Texas Register, Volume 43, Number 12, March 23, 2018, TexReg 1865, eff. 3/27/2018; Amended by Texas Register, Volume 43, Number 36, September 7, 2018, TexReg 5777, eff. 9/16/2018; Amended by Texas Register, Volume 44, Number 27, July 5, 2019, TexReg 3437, eff. 7/11/2019; Amended by Texas Register, Volume 45, Number 52, December 25, 2020, TexReg 9522, eff. 12/31/2020