By:  Luna                                             S.B. No. 1432
       73R8986 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the practice of naturopathic
    1-3  medicine; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  PURPOSE.  The legislature finds that a
    1-6  significant number of the citizens of this state are turning to
    1-7  naturopathic medicine for their health care needs and declares that
    1-8  naturopathic medicine is a distinct health care profession that
    1-9  affects the public health, safety, and welfare and provides the
   1-10  public with freedom of choice in health care.  The purpose of this
   1-11  Act is to provide standards for the licensing and regulation of
   1-12  naturopathic physicians to protect the public health, safety, and
   1-13  welfare and to provide a means of identifying qualified
   1-14  naturopathic physicians.
   1-15        SECTION 2.  DEFINITIONS.  In this Act:
   1-16              (1)  "Acupuncture" means the insertion of acupuncture
   1-17  needles into specific points on the skin to treat human disease and
   1-18  impairment and to relieve pain.
   1-19              (2)  "Approved naturopathic medical college"  means a
   1-20  college or program granting the degree of doctor of naturopathic
   1-21  medicine or doctor of naturopathy that:
   1-22                    (A)  is accredited by the Council on Naturopathic
   1-23  Medical Education or other accrediting agency if recognized by the
   1-24  federal government;
    2-1                    (B)  has candidate for accreditation status with
    2-2  the accrediting agency; or
    2-3                    (C)  has been approved by the board after the
    2-4  college or program was investigated and found to meet education
    2-5  standards equivalent to those established by the accrediting
    2-6  agency.
    2-7              (3)  "Board" means the Texas Board of Health.
    2-8              (4)  "Department" means the Texas Department of Health.
    2-9              (5)  "Homeopathic preparations" means medicines
   2-10  prepared according to the Homeopathic Pharmacopeia of the United
   2-11  States.
   2-12              (6)  "Minor surgery" means the use of operative,
   2-13  electrical, or other methods for the surgical repair and care
   2-14  incidental to superficial lacerations and abrasions, superficial
   2-15  lesions, and the removal of foreign bodies located in superficial
   2-16  tissues and the use of antiseptics and local anesthetics in
   2-17  connection with these methods.  The term does not include general
   2-18  or spinal anesthetics, major surgery, surgery of the body cavities,
   2-19  or specialized surgeries including plastic surgery or surgery
   2-20  involving the eyes, tendons, ligaments, or major blood vessels.
   2-21              (7)  "Natural antibiotics"  means antimicrobial,
   2-22  antifungal, and antiprotozoal agents that are naturally occurring
   2-23  substances or manufactured substances that are substantially
   2-24  identical to the naturally occurring substances.
   2-25              (8)  "Naturopathic medicine" means a system of primary
   2-26  health care practiced by naturopathic physicians for the
   2-27  prevention, diagnosis, and treatment of human health conditions,
    3-1  injuries, and diseases that uses education, natural medicines, and
    3-2  therapies to support and stimulate the individual's intrinsic
    3-3  self-healing processes.
    3-4              (9)  "Naturopathic obstetrics" means obstetrics and
    3-5  natural childbirth. The term includes the use of natural
    3-6  obstetrical medicines, ophthalmic antibiotics, obstetrical
    3-7  emergency medicines, and minor surgery including episiotomies, but
    3-8  does not include the use of forceps delivery, general or spinal
    3-9  anesthesia, cesarean section, or induced abortion.
   3-10              (10)  "Naturopathic physician" means a person
   3-11  authorized and licensed to practice naturopathic medicine under
   3-12  this Act.
   3-13              (11)  "Naturopathic physical medicine" means the
   3-14  therapeutic use of the physical agents of air, water, heat, cold,
   3-15  sound, light, and electromagnetic nonionizing radiation and the
   3-16  physical modalities of electrotherapy, diathermy, ultraviolet
   3-17  light, ultrasound, hydrotherapy, naturopathic manipulative therapy,
   3-18  and therapeutic exercise.
   3-19              (12)  "Topical medicines" means topical analgesics,
   3-20  anesthetics, antiseptics, scabicides, antifungals, and
   3-21  antibacterials.
   3-22        SECTION 3.  AUTHORIZED ACTIVITIES.  (a)  A person licensed as
   3-23  a naturopathic physician under this Act may  use for preventive and
   3-24  therapeutic purposes the following medicines and therapies:
   3-25              (1)  food;
   3-26              (2)  food extracts;
   3-27              (3)  nutritional medicines;
    4-1              (4)  enzymes;
    4-2              (5)  digestive aids;
    4-3              (6)  whole gland thyroid;
    4-4              (7)  medicinal plant and animal substances;
    4-5              (8)  homeopathic preparations;
    4-6              (9)  natural antibiotics;
    4-7              (10)  immunizations;
    4-8              (11)  topical medicines;
    4-9              (12)  nonprescription medications;
   4-10              (13)  counseling and psychotherapy;
   4-11              (14)  hypnotherapy;
   4-12              (15)  biofeedback;
   4-13              (16)  dietary therapy;
   4-14              (17)  naturopathic physical medicine;
   4-15              (18)  acupuncture;
   4-16              (19)  therapeutic devices;
   4-17              (20)  barrier devices for contraception;
   4-18              (21)  naturopathic obstetrics; and
   4-19              (22)  minor surgery.
   4-20        (b)  A person licensed as a naturopathic physician under this
   4-21  Act may use for diagnostic purposes:
   4-22              (1)  physical and orificial examinations;
   4-23              (2)  X-rays;
   4-24              (3)  electrocardiograms;
   4-25              (4)  ultrasound;
   4-26              (5)  phlebotomy;
   4-27              (6)  clinical laboratory tests and examinations;
    5-1              (7)  physiological function tests; and
    5-2              (8)  the noninvasive diagnostic procedures commonly
    5-3  used by physicians in general practice.
    5-4        SECTION 4.  BOARD POWERS AND DUTIES.   The board may adopt
    5-5  rules authorizing the use by naturopathic physicians of other
    5-6  diagnostic procedures and other natural medicines and therapies if
    5-7  the procedures, medicines, and therapies are taught in approved
    5-8  naturopathic medical colleges and are consistent with this Act.
    5-9        SECTION 5.  EXCEPTIONS.  This Act does not:
   5-10              (1)  prevent any other professional who is licensed,
   5-11  certified, or registered under the laws of this state from
   5-12  providing services consistent with the professional's scope of
   5-13  practice;
   5-14              (2)  apply to a student of naturopathic medicine who is
   5-15  currently enrolled in an approved naturopathic medicine college and
   5-16  who gratuitously diagnoses and treats disease under the direct
   5-17  supervision of a naturopathic physician or other health care
   5-18  practitioner regulated under the laws of this state if the
   5-19  student's activities are within the scope of practice of the
   5-20  supervising practitioner and are limited to activity consistent
   5-21  with the scope of practice authorized by this Act; or
   5-22              (3)  apply to any naturopathic physician licensed in
   5-23  another state, a territory of the United States, or the District of
   5-24  Columbia, if the state, territory, or the District of Columbia
   5-25  requires credentials equivalent to those of this Act, when the
   5-26  physician incidentally called into this state for consultation with
   5-27  a naturopathic physician.
    6-1        SECTION 6.  PROHIBITED ACTS.  A naturopathic physician may
    6-2  not:
    6-3              (1)  prescribe, dispense, or administer any legend
    6-4  drugs or controlled substances except those medicines authorized by
    6-5  this Act;
    6-6              (2)  perform surgical procedures except those
    6-7  procedures authorized by this Act;
    6-8              (3)  practice emergency medicine except as a samaritan
    6-9  rendering gratuitous services in the case of emergency and except
   6-10  for the care of minor injuries; or
   6-11              (4)  claim to practice medicine and surgery,
   6-12  osteopathy, dentistry, podiatry, optometry, chiropractic, physical
   6-13  therapy, or any other system or method of treatment not authorized
   6-14  by this Act.
   6-15        SECTION 7.  DUTIES AND RESPONSIBILITIES.  A naturopathic
   6-16  physician has the same authority and responsibility as  any other
   6-17  licensed physician regarding public health laws, reportable
   6-18  diseases and conditions, communicable disease control and
   6-19  prevention, the recording of vital statistics, health and physical
   6-20  examinations, competency examinations, and local boards of health,
   6-21  except that the authority under this section is limited to activity
   6-22  consistent with the scope of practice authorized by this  Act.
   6-23        SECTION 8.  LICENSE QUALIFICATIONS.  (a)  A person is
   6-24  qualified to be licensed as a naturopathic physician if the person:
   6-25              (1)  is a graduate of an approved naturopathic medical
   6-26  college;
   6-27              (2)  has passed an examination prescribed or endorsed
    7-1  by the board covering the appropriate naturopathic subjects; and
    7-2              (3)  is of good moral character.
    7-3        (b)  A person is qualified to be licensed as a naturopathic
    7-4  physician without examination if:
    7-5              (1)  the applicant is licensed to practice naturopathic
    7-6  medicine or naturopathy in another state, a territory of the United
    7-7  States, or the District of Columbia under conditions and
    7-8  circumstances that the board finds to be comparable to the
    7-9  requirements of this state for obtaining a license to practice
   7-10  naturopathic medicine and the state, the territory, or the District
   7-11  of Columbia requires the successful completion of a professional
   7-12  examination for the  issuance of such a license;
   7-13              (2)  the applicant has graduated from an approved
   7-14  naturopathic medical college or, if the applicant was licensed
   7-15  before a date designated by board rule, the applicant graduated
   7-16  from a college approved by the board after the college was
   7-17  investigated and found to meet the acceptable education standards
   7-18  in existence at the time of the applicant's graduation; and
   7-19              (3)  the applicant produces evidence satisfactory to
   7-20  the board that the applicant holds a valid, unsuspended, and
   7-21  unrevoked license, has been actively engaged in the practice of
   7-22  naturopathic medicine or naturopathy for  not less than one year,
   7-23  and is of good moral character.
   7-24        SECTION 9.  EXAMINATION.  (a)  A person may sit for the
   7-25  examination prescribed or endorsed by the board under Section 8(a)
   7-26  of this Act and be eligible for licensure on the passage of the
   7-27  examination if, not later than the 90th day after the effective
    8-1  date of this Act, the person submits proof to the department that
    8-2  the person:
    8-3              (1)  attended a naturopathic college and received a
    8-4  doctorate degree in naturopathic medicine or naturopathy from the
    8-5  college before May 1, 1992, and the college is subsequently
    8-6  approved by the board;
    8-7              (2)  was in practice in this state before May 1, 1992,
    8-8  that included providing health care services using natural
    8-9  medicines or therapies to patients in this state on a regular and
   8-10  ongoing basis; and
   8-11              (3)  is of good moral character.
   8-12        (b)  The board may prescribe a nationally developed standard
   8-13  examination as part or all of the examination prescribed or
   8-14  endorsed under Section 8(a) of this Act.  The passing criteria for
   8-15  the examination shall be determined by board rule.  The board may
   8-16  adopt other rules necessary to the administration of the
   8-17  examination.
   8-18        (c)  Fees for the examination, reexamination of the entire
   8-19  examination, and reexamination of separate components of the
   8-20  examination shall be set by the board in amounts necessary to cover
   8-21  the actual cost of the examination and the expenses of
   8-22  administration.
   8-23        SECTION 10.  LICENSE FEES.  A license to practice
   8-24  naturopathic medicine issued on the basis of examination or issued
   8-25  without examination based on a license granted in another state, a
   8-26  territory of the United States, or the District of Columbia may be
   8-27  issued and renewed on payment of the initial licensing fee and
    9-1  biennial renewal fees as determined by the board.  The amounts of
    9-2  the fees may not be less than $100 or more than $500.
    9-3        SECTION 11.  LICENSE RENEWAL.  (a)  A license to practice
    9-4  naturopathic medicine must be renewed biennially.
    9-5        (b)  To renew a license, each naturopathic physician must
    9-6  submit to the department evidence of successful completion of the
    9-7  required hours of continuing education from programs approved by
    9-8  the board.
    9-9        (c)  The board shall adopt rules as to what constitutes an
   9-10  approved program of continuing education and the manner in which
   9-11  attendance at all approved courses, clinics, forums, lectures,
   9-12  programs, or seminars is monitored, recorded, and submitted to the
   9-13  department.
   9-14        (d)  The board may adopt other rules necessary to the
   9-15  administration of license renewals.
   9-16        SECTION 12.  CONTINUING EDUCATION.  (a)  The total number of
   9-17  required continuing education hours for all naturopathic physicians
   9-18  is not less than 30 approved hours biennially.  The number and type
   9-19  of required continuing education hours for a naturopathic physician
   9-20  certified in naturopathic obstetrics is not less than 15 approved
   9-21  specialty hours in obstetrics or natural childbirth and not less
   9-22  than 20 approved hours biennially for a total of not less than 35
   9-23  approved hours biennially.
   9-24        (b)  A person who seeks to renew a license that expired
   9-25  within the preceding year must comply with the continuing education
   9-26  requirements for the regular renewal of the license.  A person
   9-27  seeking to renew a license that has been expired for more than one
   10-1  year must present evidence of completion of not less than one-half
   10-2  of the required hours of approved continuing education requirements
   10-3  during the year preceding the date of the application for renewal.
   10-4        SECTION 13.  INACTIVE STATUS; RETIRED STATUS.  (a)  A
   10-5  licensee seeking to place a license on inactive status must notify
   10-6  the department at the time of renewal and pay a fee for inactive
   10-7  status.
   10-8        (b)  The amount of the fee shall be set by the board except
   10-9  the amount may not be less than $30 or more than $100.
  10-10        (c)  To activate a license on inactive status, the licensee
  10-11  must pay the regular renewal fee and present evidence of having
  10-12  completed not less than one-half of the required hours of approved
  10-13  continuing education requirements during the year preceding the
  10-14  date of the application for activation.
  10-15        (d)  A licensee seeking to place a license on retired status
  10-16  must notify the department at the time of renewal.  A license on
  10-17  retired status may not be reactivated.
  10-18        (e)  A licensee who holds a license that is on inactive or
  10-19  retired status may not practice naturopathic medicine.
  10-20        SECTION 14.  SPECIALTY PRACTICE.  (a)  A naturopathic
  10-21  physician may not practice naturopathic obstetrics and acupuncture
  10-22  without first obtaining a certificate of specialty practice.  The
  10-23  board shall adopt rules to certify naturopathic physicians for
  10-24  specialty practice.
  10-25        (b)  To be certified in naturopathic obstetrics, a
  10-26  naturopathic physician must:
  10-27              (1)  pass a specialty examination in obstetrics or
   11-1  natural childbirth approved by the board;
   11-2              (2)  have not less than 100 hours of course work,
   11-3  internship, or preceptorship in obstetrics or natural childbirth
   11-4  approved by the board; and
   11-5              (3)  have participated in at least 40 supervised
   11-6  births, including prenatal and postnatal care, under the direct
   11-7  supervision of a  licensed naturopathic, medical, or osteopathic
   11-8  physician with specialty training in obstetrics or natural
   11-9  childbirth.
  11-10        (c)  The board may prescribe a national standardized
  11-11  examination in obstetrics or natural childbirth as constituting the
  11-12  specialty examination.
  11-13        (d)  To be certified in acupuncture, a naturopathic physician
  11-14  must complete a program in acupuncture approved by the board that
  11-15  includes not less than 500 hours of training in acupuncture,
  11-16  including both didactic and clinical training, and pass a specialty
  11-17  examination in acupuncture approved by the board.  The board may
  11-18  prescribe a national standardized examination in acupuncture as
  11-19  constituting the specialty examination.
  11-20        SECTION 15.  USE OF TITLES; PENALTY; INJUNCTION.  (a)  A
  11-21  naturopathic physician may use the title "naturopathic physician"
  11-22  and the recognized abbreviation for the professional degree of
  11-23  "N.D."  A naturopathic physician has the exclusive right to use the
  11-24  terms "naturopathic physician," "naturopath," "doctor of
  11-25  naturopathic medicine," "doctor of naturopathy," "naturopathic
  11-26  medicine," "naturopathic health care," "naturopathy," and "N.D."
  11-27        (b)  A person commits an offense if the person holds the
   12-1  person out as a naturopathic physician or naturopath, suggests that
   12-2  the person practices naturopathic medicine or naturopathy, or uses
   12-3  the terms and abbreviation described by Subsection (a) of this
   12-4  section without being licensed or on retired or inactive status
   12-5  under this Act.
   12-6        (c)  An offense under Subsection (b) of this section is a
   12-7  Class B misdemeanor.
   12-8        (d)  A person in violation of this section may be enjoined by
   12-9  the district court on petition by the board.
  12-10        SECTION 16.  DISCIPLINARY ACTIONS.  A person licensed under
  12-11  this Act who engages in the practice of naturopathic medicine in
  12-12  violation of this Act or a rule adopted under this Act is subject
  12-13  to disciplinary measures and may be subject to the person's license
  12-14  being denied, refused renewal, limited, revoked, or suspended.
  12-15        SECTION 17.  EFFECTIVE DATE.  This Act takes effect September
  12-16  1, 1993.
  12-17        SECTION 18.  EMERGENCY.  The importance of this legislation
  12-18  and the crowded condition of the calendars in both houses create an
  12-19  emergency and an imperative public necessity that the
  12-20  constitutional rule requiring bills to be read on three several
  12-21  days in each house be suspended, and this rule is hereby suspended.