Observations from the Texas Board of Acupuncture Meeting October 30, 2009
The Board members present were:
Board Chair Allen Cline, Tex. Lic. Acc.
Chung-Hwei Chernly, Tex. Lic. Acc.
Linda Wynn Drain
Raymond Graham
Terry Rascoe, M.D.
Karen Siegel, Tex. Lic. Acc.
Rachelle Webb, Tex. Lic. Acc.
Rey Ximenes, M.D.
Key Board Staff Members present:
Mari Robinson, Executive Director
Alan Moore, M.D., Medical Director
Toni Knight, Licensure Manager
Jennifer Kaufman, Assistant General Counsel
Nori Peterson
Monique Johnston
Sonja Aurellius
The Education Committee opened at approximately 9:00am. Two organizations sought to become approved providers of Continuing Education content. The Board granted approval for the American Association of Acupuncture and Oriental Medicine. The Board did not approve a second group, as they have only offered one class for approval in the past. There was discussion that the Board wanted three continuous years of courses being approved before they would consider an entity to be an approved provider.
The Committee continued an on-going discussion about the pros and cons of distance learning (i.e. on-line courses, self-study courses). There was discussion on whether people actually take the necessary time to learn the material. There was discussion about pre and post tests for such courses. There was also discussion about embedding a timer system into on-line courses. There was also discussion that on-line courses are the learning tool of the future. There were no decisions made regarding this discussion.
The Committee did reject two courses of which they felt the CAE was not adequately related to the practice of Acupuncture and Oriental Medicine.
The Licensure Committee met at approximately 10:40am. There were two applicants to be reviewed. One applicant possessed a significant criminal history in the past, including the conviction of a felony. The applicant presented evidence that he turned his life around and it had been nine years since his time in prison. The Board recommended that he be granted a license under a public monitoring order. The second applicant was a well-qualified individual who had practiced in another state since 1993, however, her education did not have the herb section; thus making her ineligible for licensure. It was suggested that she withdraw her application.
The Committee discussed that it was unfortunate that such a well qualified individual could not get licensed in Texas. The Committee directed Board staff to see if the statute allows for a limited licensure.
The Committee recommended for licensure 43 applicants and 2 re-licensures.
The full Board met at approximately at 11:20am. At the full Board meeting Ms. Robinson, the Executive Director explained the new Physician’s Health Program (PHP), which will include Physicians, Physician Assistants and Acupuncturists. Effective January 1, 2010, Confidential Orders will no longer be an option for the Board. Instead, the Board will refer individuals addictions or physical or mental impairments to the PHP. People who have standard of care problems or felony convictions will not be eligible for the PHP. PHP will be run independently of the Board, but it will have to report to the Board and the Board will provide some administrative support. The PHP allows for quick action. There is an annual fee for the PHP of $1200 annual, which does not count towards testing or counseling. The PHP is self-funding.
Under the Enforcement report, there are no current open investigations against licensees. There are two complaints at SOAH and five cases pending in legal.
The Board is working on budget controls. The biggest costs are consultant fees, which have exceeded one million dollars. They are attempting to determine how to predict the fees in the future.
The Board approved one confidential order. This person will be given the option to join the PHP once it is operational next year.
The Board issued two cease and desist orders against people holding themselves out as licensed Acupuncturists.
The Board approved the TCTCM’s acudetox training program to be taught online for non-clinical aspects of the course.
The Chair asked the Board members to look at the application to see if they felt the question relating to educational probation was confusing as there are several applications that claimed to have misunderstood the question. This will be discussed at the next meeting.
Ms. Robinson advised that the Board’s general counsel did not find legal authority to issue non-disciplinary licensure Orders. It is her opinion that any public order is a disciplinary action by the Board.