Highlights from the Texas Acupuncture Board 07/13/07
By Jon Porter, JD
www.healthlicensefense.com
The Education Committee started the meeting nearly an hour late waiting two members to finish with a separate Informal Settlement Conference. The Committee members in attendance were Terry Rascoe, M.D., Chung-Hwei Chernly, L.Ac, Meng-Sheng Linda Lin, L.Ac. and Raymond Graham.
Board staff presented approval for preferred/approved providers for CAE. Three were approved and one was rejected because it did not present evidence of three consecutive years of experience. Mr. Graham questioned whether the three years were consecutive or just three years. Board staff stated the rules were silent on the issue but staff practice and interpretation was to recognize three consecutive years. Mr. Graham asked that staff consider a rule change to make that more clear. Dr. Rascoe asked that in the paper work and explanation that is given to providers to clearly state the Board views the requirement as being three consecutive years of experience.
Mr. Graham suggested that on-site review of the providers to ensure the facility were sufficient and meets acceptable standards. Dr. Rascoe stated he was concerned about staff time and resources to perform on-site reviews. He also noted that for Texas providers, who are chiefly schools, they are reviewed by other state agencies. For the distance learners it will be difficult to review their sites. Thus, it may be more complex for Texas providers’ verses out-of-state providers of CAE. This issue was tabled.
Staff then reviewed the first round of CAE approved by staff. Staff then presented course to the Committee that staff did not approved. The Committee spent a considerable amount of time reviewing the courses.
The Licensure Committee met after the conclusion of the Education Committee. The Committee members present were Meng-Sheng Linda Lin, L.Ac. Pedro Garcia, Jr., and Hoang Xiong Ho, L.Ac. The Committee immediately when into Executive Session from noon until 12:40pm. During the time, the Committee met with one licensure applicant. After the Board returned to open session, the Committee recommended the applicant’s license be granted without restriction. The Committee then voted to approve thirteen (13) additional individuals for full licensure.
The Full Board met at 1:05pm. Present for the meeting was Terry Rascoe, M.D., Chung-Hwei Chernly, L.Ac, Meng-Sheng Linda Lin, L.Ac., Raymond Graham, Pedro Garcia, Jr., and Hoang Xiong Ho, L.Ac. There were limited agenda items. The Executive Director, Donald Patrick, M.D., J.D., presented his report. The highlights were in past two years the agency exceeded its budget, as it was under funded in his opinion. At the last legislative session, the Board was granted additional funds, which Dr. Patrick’s believes is sufficient to effectively run the agency. With this money, the Board is in the process of hiring six additional licensure staff to deal with the application back-log.
The Board tend approved the minutes from the last Board meeting. The Board approved the Committee reports.
Dr. Rascoe stated at the next meeting, the Board’s IT staff will make a presentation to take the Board paperless. Over the next two meetings, the Board will move to a paperless system.
Dr. Rascoe asked Mr. Graham if he wanted to hold another meeting of the Ad Hoc Committee to Review Continuing Acupuncture Education Hours. Mr. Graham did request another meeting. Dr. Rascoe directed staff to schedule that prior to or at the next full Board meeting.
Mr. Graham also expressed a concern about Board rules related to maintain records, which require the licensee to hold on to the records for the life of the practitioner. Whereas, with physician it also requires seven years with an exception for minors. The Board staff would look into the issue to see if rule changes can be made.
Ms. Lin asked if certificates can be issued again for licensees that are signed by the Board members. Dr. Patrick stated he would look into it.
The meeting ended at approximately 1:30pm.
