Pmei

Front 1

4. The jurisprudence examination is to cover which of the following subjects?
(1) Policies of the Texas Acupuncture Board and the Texas Medical Board applicable to the professional practice of acupuncture in this state and, in special circumstances, neighboring states;
(2) Texas licensing requirements and other laws, rules, or regulations applicable to the professional practice of acupuncture in this state.

Back 1

The jurisprudence examination is to cover Texas licensing requirements and other laws, rules, or regulations applicable to the professional practice of acupuncture in this state.

Front 2

6. Which of the following are grounds for license denial or disciplinary action by the Board? The acupuncturist:
(1) drinks moderately in the evening and is not impaired the following morning when the acupuncturists sees patients;
(2) has a one-time arrest for driving while intoxicated;
(3) intemperately uses drugs or intoxicating liquors to an extent that, in the opinion of the Board, could endanger the lives of patients;
(4) is unable to practice acupuncture with reasonable skill and with safety to patients because of illness, drunkenness, or excessive use of drugs, narcotics, chemicals, or any other type of material or because of any mental or physical condition.

Back 2

The Board has grounds for license denial or disciplinary action against an acupuncturist who intemperately uses drugs or intoxicating liquors to an extent that, in the opinion of the Board, could endanger the lives of patients; or is unable to practice acupuncture with reasonable skill and with safety to patients because of illness, drunkenness, or excessive use of drugs, narcotics, chemicals, or any other type of material or because of any mental or physical condition.

Front 3

7. Which of the following are grounds for license denial or disciplinary action by the Board? The acupuncturist:
(1) fails to practice acupuncture in an acceptable manner consistent with public health and welfare;
(2) violates the Acupuncture Act or a rule adopted under the Acupuncture Act;
(3) engages in unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure a member of the public.

Back 3

The Board has grounds for license denial or disciplinary action against an acupuncturist who fails to practice acupuncture in an acceptable manner consistent with public health and welfare; violates the Acupuncture Act or a rule adopted under the Acupuncture Act; or engages in unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure a member of the public.

Front 4

8. Which of the following are grounds for license denial or disciplinary action by the Board? If the acupuncturist:
(1) has been convicted of a crime involving moral turpitude or a felony or is the subject of deferred adjudication or pretrial diversion for such an offense;
(2) commits an act in violation of state law if the act is connected with the person's practice as an acupuncturist;
(3) commits an act in violation of any state or federal law;
(4) fraudulently or deceptively uses a license.

Back 4

The Board has grounds for license denial or disciplinary action against an acupuncturist who has been
1) convicted of a crime involving moral turpitude or a felony or is the subject of deferred adjudication or pretrial diversion for such an offense;
2)commits an act in violation of state law if the act is connected with the person's practice as an acupuncturist;
4) fraudulently or deceptively uses a license.

Front 5

9. Which of the following constitutes unprofessional and dishonorable conduct likely to deceive, defraud, or injure the public within the meaning of the Acupuncture Act?
(1) becoming financially or personally involved with a patient in an inappropriate manner;
(2) failing to comply with a Board subpoena or request for information or action;
(3) failing to maintain the confidentiality of a patient;
(4) providing to a patient copies of his or her records without charging an appropriate fee.

Back 5

Becoming financially or personally involved with a patient in an inappropriate manner; failing to comply with a Board subpoena or request for information or action; and failing to maintain the confidentiality of a patient constitute unprofessional and dishonorable conduct likely to deceive, defraud, or injure the public within the meaning of the Acupuncture Act.

Front 6

10. On finding that grounds exist to deny a license or take disciplinary action against an acupuncturist, the Board may choose the following action:

Back 6

The Board may: require the person to submit to the care, counseling, or treatment of a health care practitioner; require the person to participate in a program of education or counseling prescribed by the Board; require the person to practice under the direction of an acupuncturist designated by the acupuncture board for a specified period of time; or suspend, limit, or restrict the person's license, including limiting the practice of the person to, or excluding from the practice, one or more specified activities of acupuncture or stipulating periodic review by the acupuncture board.

Front 7

11. An acupuncturist may perform acupuncture on a person if the person was evaluated by a physician or dentist, as appropriate, for the condition being treated within how many months before the date acupuncture was performed?

Back 7

twelve months

Front 8

12. An acupuncturist treating a person referred by a chiropractor shall refer that person to a physician after performing acupuncture after how many treatments and how many days.

Back 8

Commence within 30 days; refer within 20 treatments or two months, whichever comes first.

Front 9

13. An acupuncturist may treat a patient for the following conditions without a referral or evaluation by a physician:

Back 9

An acupuncturist may treat a patient for smoking addiction, weight loss, alcoholism, chronic pain and substance abuse without a referral or evaluation by a physician.

Front 10

14. An acupuncturist treating a person for chronic pain must:

Back 10

An acupuncturist treating a person for chronic pain must recommend an evaluation by a licensed Texas physician or dentist, as appropriate, if after performing acupuncture 20 times or for two months, whichever occurs first, there is no substantial improvement of the patient's chronic pain.

Front 11

15. An acupuncturist treating a person for alcoholism or substance abuse must:

Back 11

An acupuncturist treating a person for alcoholism or substance abuse must recommend an evaluation by a licensed Texas physician or dentist, as appropriate, if after performing acupuncture 20 times or for two months, whichever occurs first, there is no substantial improvement of the patient's alcoholism or substance abuse.

Front 12

16. If a patient has not been evaluated by a physician or dentist, as appropriate, for the condition being treated within six months before the date acupuncture is performed, the acupuncturist is subject to:

Back 12

In general, if an acupuncturist does not verify that an evaluation has been performed by a physician before providing acupuncture services, the acupuncturist is subject to revocation of his or her license after notice and a hearing.

Front 13

17. The board may require a licensee or applicant to submit to a mental and/or physical examination by a physician or physicians designated by the board, if the board has probable cause to believe that the licensee or applicant is impaired, based on:
(1) Sworn statements from two people that the licensee or applicant is impaired;
(2) A sworn statement from an official representative of the Texas Association of Acupuncturists or the Texas Association of Acupuncture and Oriental Medicine that the licensee or applicant is impaired;
(3) Evidence of a single arrest of licensee or applicant for intoxication.

Back 13

The board may require a licensee or applicant to submit to a mental and/or physical examination by a physician or physicians designated by the board if the board has probable cause to believe that the licensee or applicant is impaired based on either sworn statements from two people, willing to testify before the Board, or a sworn statement of an official representative of the Texas Association of Acupuncturists or the Texas Association of Acupuncture and Oriental Medicine stating that the representative is willing to testify before the board the Board that a certain licensee or applicant is impaired.

Front 14

18. An acupuncturist whose intemperate use of drugs or alcohol could adversely affect his or her ability to safely practice as an acupuncturist may be eligible for a private, non-disciplinary rehabilitation order if:

Back 14

An acupuncturist may be eligible for a rehabilitation order if he or she reports the intemperate use to the Board and meets other requirements for a rehabilitation order.

Front 15

19. When is an acupuncturist’s license subject to renewal?

Back 15

An acupuncturist’s license is subject to renewal annually.

Front 16

20. For an acupuncturist whose license has expired:

Back 16

An acupuncturist whose license has expired may not practice after the expiration date of the license until the license has been renewed.

Front 17

21. Practicing after the expiration date of a license:
(1) may subject the acupuncturist to a written warning;
(2) may subject the acupuncturist to disciplinary action by the Board;
(3) may subject the acupuncturist to criminal penalties for practicing without a license.

Back 17

Practicing after the expiration date of a license and any grace period may subject the acupuncturist to disciplinary action by the Board and to criminal penalties for practicing without a license.

Front 18

22. Which of the following are true for an acupuncturist who is otherwise eligible to renew a license? The acupuncturist may:
(1) renew an unexpired license by paying the required renewal fee before the expiration date of the license;
(2) if the person's license has been expired for 90 days or less, renew the license by paying a fee in an amount equal to one and one-half times the required renewal fee;
(3) if the person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the medical board a fee in an amount equal to two times the required renewal fee;
(4) if the person's license has been expired for one year or longer, the person may not renew the license and it is automatically cancelled (unless an investigation is pending).

Back 18

The acupuncturist may renew an unexpired license by paying the required renewal fee before the expiration date of the license; if the person's license has been expired for 90 days or less, renew the license by paying a fee in an amount equal to one and one-half times the required renewal fee; if the person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the medical board a fee in an amount equal to two times the required renewal fee; and if the person's license has been expired for one year or longer, the person may not renew the license and it is automatically cancelled (unless an investigation is pending). Note, however, that the acupuncturist must also submit an application for renewal of the license.

Front 19

23. As a prerequisite to the annual registration of the license of an acupuncturist, how many hours of continuing acupuncture education must an acupuncturist complete each year?

Back 19

As a prerequisite to the annual registration of the license of an acupuncturist, the acupuncturist must complete17 hours of continuing acupuncture education each year.

Front 20

24. The hours of continuing acupuncture education (CAE) that an acupuncturist is required to complete each year must be from courses that meet which of the following requirements?
(1) are designated or otherwise approved for credit by the Texas State Board of Acupuncture Examiners at the time the courses were taken;
(2) are offered by approved providers;
(3) 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.

Back 20

The required hours for CAE shall be from courses that: (a) are designated or otherwise approved for credit by the Texas State Board of Acupuncture Examiners at the time the courses were taken based on a review and recommendation of the course content by the Education Committee of the board; (b) are offered by approved providers; or (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.

Front 21

25. With respect to the continuing acupuncture education hours that an acupuncturist is required to complete each year, which of the following is true?
(1) at least eight hours shall be in general acupuncture;
(2) at least one hour shall be from a course in ethics;
(3) at least two hours shall be in herbology.

Back 21

An acupuncturist must complete at least eight hours in general acupuncture; at least one hour in ethics; and at least two hours in herbology.

Front 22

26. With respect to the continuing acupuncture education hours that an acupuncturist is required to complete each year, which of the following is true?
(1) no more than two of the required hours may be from courses that primarily relate to practice enhancement or business or office administration;
(2) courses may be taught only through live lecture, and not via distance learning or the Internet;
(3) at least two of the required hours must be in medical record keeping.

Back 22

Answer: 1) Of the continuing acupuncture education hours that an acupuncturist is required to complete each year, no more than two of the required hours may be from courses that primarily relate to practice enhancement or business or office administration.

Front 23

27. Regarding continuing acupuncture education, which of the following is true?
(1) An acupuncturist must report on the licensee's annual registration form each CAE course that the licensee has attended during the registration period;
(2) An acupuncturist must report on the licensee's annual registration form whether the licensee has completed the required acupuncture education during the previous year;
(3) The Board may require written verification of continuing acupuncture education hours from any licensee and the licensee must provide the requested verification within 30 calendar days of the date of the request;
(4) Failure of an acupuncturist to obtain and timely report the required number of continuing education hours will result in non-renewal of the license until such time as the acupuncturist obtains and reports the required hours.

Back 23

Answer: An acupuncturist must report whether the licensee has completed the required acupuncture education during the previous year. The Board may require written verification of continuing acupuncture education hours from any licensee and the licensee must provide the requested verification within 30 calendar days of the date of the request. Failure of an acupuncturist to obtain and timely report the required number of continuing education hours will result in non-renewal of the license until such time as the acupuncturist obtains and reports the required hours.

Front 24

28. Which of the following are reasons for which an acupuncturist may request an exemption from the annual minimum continuing acupuncture education requirements?
(1) catastrophic illness;
(2) military service of longer than six months outside of the United States;
(3) acupuncture practice and residence of longer than one year outside of Texas;
(4) for any reason showing a hardship on the acupuncturist.

Back 24

(1) catastrophic illness
Answer: An acupuncturist may be exempt under the Board’s rules, subject to approval by the executive director, from the annual minimum continuing acupuncture education requirements in cases of catastrophic illness, military service of longer than one year, acupuncture practice and residence of longer than one year outside of the United States, or for good cause showing that the acupuncturist is unable to comply with the requirements.

Front 25

29. For the purpose of directing complaints to the Board, an acupuncturist must provide, in English and Spanish, notification to the public of the name, mailing address, and telephone number of the Board. Which of the following are authorized methods of providing the required notification?
(1) on a sign prominently displayed in the place of business of the acupuncturist;
(2) in each bill for service provided;
(3) on each registration form, application, or written contract for services;
(4) on the back of business cards readily available at the place of check-in for patients.

Back 25

Answer: For the purpose of directing complaints to the Board, an acupuncturist must provide, in English and Spanish, notification to the public of the name, mailing address, and telephone number of the Board by placing the Board-approved notification language on a sign prominently displayed in the place of business of the acupuncturist, in each bill for service provided or on each registration form, application, or written contract for services.

Front 26

30. Which of the following is true regarding the Board-approved notification language that is to be used for the purpose of directing complaints to the Board? The language:

Back 26

Answer: The language must be in English and Spanish.

Front 27

31. If an acupuncturist receives a request from the Board or Board representatives for patient records, such records must be furnished to the Board within how many days?

Back 27

Answer: Records requested by the Board or a Board representative must be furnished to the Board with 14 days of the request.

Front 28

32. At a minimum, patient records must be maintained in which language?

Back 28

Answer: Patient records must be maintained, at a minimum, in English.

Front 29

33. Patient records must include which of the following items?
(1) patient’s name and address, vital signs, chief complaint, patient history, treatment plan;
(2) in the case of referrals to the acupuncturist of a patient by a chiropractor, the acupuncturist shall record the date of the referral and the most recent date of chiropractic treatment prior to acupuncture treatment;
(3) the most recent date of treatment if the patient has been treated by a mental health professional;
(4) a system of billing records which accurately reflect patient names, services rendered, the date of the services rendered, and the amount charged or billed for each service rendered;
(5) a notation of any herbal medications, including amounts and forms, and other modalities used in the course of treatment with corresponding dates for such treatment.

Back 29

(3) FALSE the most recent date of treatment if the patient has been treated by a mental health professional;

Front 30

34. What title is a licensee required to use in advertising and other materials visible to the public which pertain to the practice of acupuncture?

Back 30

Answer: A licensee shall use the title \"Licensed Acupuncturist,\" \"Lic. Ac.,\" or \"L. Ac.,\" immediately following his/her name on any advertising or other materials visible to the public which pertain to the licensee's practice of acupuncture.

Front 31

35. Which of the following types of claims or events must an acupuncturist report (if not reported by his or her insurance carrier) to the Board?
1) if not reported by his or her professional liability insurance carrier or if he or she does not have insurance
2) any cause of action against the acupuncturist for treatment, lack of treatment, or other claimed departure from accepted standards of health care or safety which proximately results in injury to or death of the patient

Back 31

Both 1 & 2

Front 32

36. A licensee’s acupuncture license number must appear on which of the following?
1) all written advertising
2) billboards
3) business cards
4) office, clinic or facility signs on the premises
6) single-line telephone number listings

Back 32

Answer: A licensee’s acupuncture license number must appear on all written advertising except for billboards, business cards, office, clinic, or facility signs on the premises and single-line telephone number listings.

Front 33

37. What is an acudetox specialist?

Back 33

Answer: An acudetox specialist is a person who is certified to practice auricular acupuncture for the limited purpose of treating alcoholism, substance abuse, and chemical dependency.

Front 34

38. In order to qualify to be certified as an acudetox specialist, a person must:
(1) be a licensed acupuncturist;
(2) be a licensed social worker, licensed professional counselor, licensed psychologist, licensed chemical dependency counselor, licensed vocational nurse, or licensed registered nurse;
(3) successfully complete a training program in acupuncture detoxification that meets guidelines approved by the medical board;
(4) have passed an examination sponsored by the Board;
(5) pay a certification fee.

Back 34

(1) FALSE be a licensed acupuncturist;
(4) have passed an examination sponsored by the Board;
Answer: In order to qualify to be certified as an acudetox specialist a person must be a licensed social worker, licensed professional counselor, licensed psychologist, licensed chemical dependency counselor, licensed vocational nurse, or licensed registered nurse; must successfully complete a training program in acupuncture detoxification that meets guidelines approved by the medical board; and must pay a certification fee.

Front 35

39. TRUE or FALSE?
An acudetox specialist may practice acupuncture only under the supervision of a licensed acupuncturist or physician.

Back 35

TRUE

Front 36

51. How often is the acupuncture board authorized to meet each year?

Back 36

Answer: The acupuncture board may meet up to four times a year to carry out the mandates of the Act.

Front 37

52. The Acupuncture Board’s general powers and duties, subject to advice and approval of the Medical Board, include which of the following:
(1) establish qualifications for an acupuncturist to practice in this state;
(2) establish minimum education and training requirements necessary for the acupuncture board to recommend that the medical board issue a license to practice acupuncture;
(3) administer an examination that is validated by independent testing professionals for a license to practice acupuncture;
(4) develop requirements for licensure by endorsement of other states;
(5) prescribe the application form for a license to practice acupuncture;
(6) recommend rules to establish licensing and other fees;
(7) establish the requirements for a tutorial program for acupuncture students who have completed at least 48 semester hours of college; and
(8) recommend additional rules as are necessary to administer and enforce this chapter.

Back 37

All.
Answer: Subject to the advice and approval of the medical board, the acupuncture board shall:
(1) establish qualifications for an acupuncturist to practice in this state;
(2) establish minimum education and training requirements necessary for the acupuncture board to recommend that the medical board issue a license to practice acupuncture;
(3) administer an examination that is validated by independent testing professionals for a license to practice acupuncture;
(4) develop requirements for licensure by endorsement of other states;
(5) prescribe the application form for a license to practice acupuncture;
(6) recommend rules to establish licensing and other fees;
(7) establish the requirements for a tutorial program for acupuncture students who have completed at least 48 semester hours of college; and
(8) recommend additional rules as are necessary to administer and enforce this chapter.
Statute: 205.101(a), Occ. Code

Front 38

53. TRUE or FALSE? Members of the public are allowed to speak to the Acupuncture Board

Back 38

Answer: TRUE Subject to the advice and approval of the medical board, the acupuncture board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the acupuncture board and to speak on any issue under the acupuncture board's jurisdiction.

Front 39

54. When should a license holder notify the board of a change of address?

Back 39

Answer: A license holder shall notify the acupuncture board of a change of the license holder's residence or business address; and provide the acupuncture board with the license holder's new address not later than the 30th day after the date the address change occurs.

Front 40

40. Which of the following are true for advertisements of any form? An acupuncturist:
(1) may use the term \"board certified\" if the advertising discloses the complete name of the board which conferred the referenced certification;
(2) may use the term \"board certified\" if the acupuncturist is licensed by the Acupuncture Board;
(3) may not use the term \"board certified\" if the advertised board certification has expired and has not been renewed at the time the advertising is published.

Back 40

Answer: An acupuncturist may use the term \"board certified\" if the advertising also discloses the complete name of the board which conferred the referenced certification and may not use the term \"board certified\" if the advertised board certification has expired and has not been renewed at the time the advertising is published.