(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.     
      (b) Any person who does not possess a Texas acupuncture license or is not otherwise authorized to practice acupuncture under Tex. Occ. Code Ann. Title 3, Subtitle C, Chapter 205, 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) 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) 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 with advice from the acupuncture 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) 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, a licensed vocational nurse, 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, licensed vocational nurse, or registered nurse; and,       
        (4) works under the supervision of a current and active licensed Texas physician or licensed Texas acupuncturist, pursuant to written protocols, who is readily available by telephonic means or other methods of communication. Such protocols shall be agreed upon and signed by the supervising Texas licensee and the acudetox specialist, reviewed and signed at least annually and maintained on site. The acudetox specialist must submit notification of any changes in, or additions to, the person acting as a supervising physician or acupuncturist for the acudetox specialist not later than the 30th day after the date the change or addition is made.       
      (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.     
      (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, §205.351 or for practicing acupuncture in violation of this chapter.     
      (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.     
      (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. The application and renewal fees are defined under §175.1 and §175.2 of this title (relating to Application and Administrative Fees and Registration and Renewal Fees).     
      (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.     
      (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.     
      (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.     
      (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) documentation that the certification or license as required by subsection (b)(3) of this section is still valid;       
        (2) proof of any Continuing Auricular Acupuncture Education (CAAE) obtained as provided for in §183.21 of this title (relating to Continuing Auricular Acupuncture Education for Acudetox Specialists); and,       
        (3) payment of a certification renewal fee as set forth under §175.2 of this title.       
      (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.     
     Source Note:        The provisions of this §183.14 adopted to be effective March 6, 2003, 28 TexReg 1883; amended to be effective May 1, 2006, 31 TexReg 3534; amended to be effective September 21, 2009, 34 TexReg 6449; amended to be effective January 24, 2016, 41 TexReg 623