(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 auricular acupuncture education (CAAE) for certified acudetox specialists so as to further enhance their professional skills and knowledge.     
      (b) Minimum continuing auricular acupuncture education. As a prerequisite to the re-certification of an acudetox specialist, the acudetox specialist shall provide documentation to the Medical Board that the individual has successfully met the continuing education requirements established by the board which includes the following listed in paragraphs (1) - (2) of this subsection:      
        (1) At least six hours of CAAE each year shall be in the practice of auricular acupuncture;       
        (2) The required hours shall be from courses that are designated or otherwise approved for credit by the Medical Board at the time the course was taken.       
      (c) Reporting continuing auricular acupuncture education. An acudetox specialist must report on the certificate-holder's re-certification form the number of hours and type of continuing auricular acupuncture education completed during the previous year.     
      (d) Grounds for exemption from continuing auricular acupuncture education. An acudetox specialist may request in writing and may be exempt from the annual minimum continuing auricular acupuncture education requirements for one or more of the following reasons listed in paragraphs (1) - (2) of this subsection:      
        (1) catastrophic illness; and/or       
        (2) military service of longer than one year in duration;       
      (e) Exemption requests. Exemption requests shall be subject to the approval of the executive director of the Medical Board, and shall be submitted in writing at least 30 days prior to the expiration of the certificate.     
      (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 annually 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 auricular acupuncture education hours from any certified acudetox specialist and the certificate-holder 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) Approval of continuing auricular acupuncture education. Continuing Auricular Acupuncture Education (CAAE) credit hours shall be approved by the Medical Board and shall include education by a ACAOM accredited school or other nationally recognized institution, organization, or training program approved by the Medical Board. Approval of courses shall be by January 1, 1999. The first reporting of CAE shall be required for certification renewal in 2000. Approval shall be based on a showing by the education provider that:      
        (1) the content of the course, program, or activity is related to the practice of acudetox, and is not a course on practice enhancement, business, or office administration;       
        (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; and,       
        (5) each credit hour for the course, program, or activity is equal to no less than 50 minutes of actual instruction or training.       
      (i) False Reports/Statements. An intentionally false report or statement to the board by a certificate-holder regarding continuing auricular 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).     
      (j) Monetary penalty. Failure to obtain and timely report the continuing auricular acupuncture education hours for renewal of a certificate shall subject the certificate-holder to a monetary penalty for late registration in the amount set forth in §175.2 of this title (relating to Registration and Renewal Fees) and §175.3 of this title (relating to Penalties).     
      (k) Disciplinary action, conditional licensure, and construction. This section shall be construed to allow the board to impose requirements for completion of additional continuing auricular acupuncture education hours for purposes of disciplinary action and conditional licensure.     
     Source Note:        The provisions of this §183.21 adopted to be effective September 21, 2000, 25 TexReg 9217; amended to be effective January 6, 2002, 26 TexReg 10866; amended to be effective January 6, 2002, 26 TexReg 10866; amended to be effective March 23, 2014, 39 TexReg 1932