By:  Luna                                              S.B. No. 476
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of the practice of naturopathic
    1-2  medicine; providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  PURPOSE.  The legislature finds that a
    1-5  significant number of the citizens of this state are turning to
    1-6  naturopathic medicine for their health care needs and declares that
    1-7  naturopathic medicine is a distinct health care profession that
    1-8  affects the public health, safety, and welfare and provides the
    1-9  public with freedom of choice in health care.  The purpose of this
   1-10  Act is to provide standards for the licensing and regulation of
   1-11  naturopathic physicians to protect the public health, safety, and
   1-12  welfare and to provide a means of identifying qualified
   1-13  naturopathic physicians.
   1-14        SECTION 2.  DEFINITIONS.  In this Act:
   1-15              (1)  "Acupuncture" means the insertion of acupuncture
   1-16  needles into specific points on the skin to treat human disease and
   1-17  impairment and to relieve pain.
   1-18              (2)  "Approved naturopathic medical college"  means a
   1-19  college or program granting the degree of doctor of naturopathic
   1-20  medicine or doctor of naturopathy that:
   1-21                    (A)  is accredited by the Council on Naturopathic
   1-22  Medical Education or other accrediting agency if recognized by the
   1-23  federal government;
   1-24                    (B)  has candidate for accreditation status with
    2-1  the accrediting agency; or
    2-2                    (C)  has been approved by the board after the
    2-3  college or program was investigated and found to meet education
    2-4  standards equivalent to those established by the accrediting
    2-5  agency.
    2-6              (3)  "Board" means the Texas Board of Health.
    2-7              (4)  "Department" means the Texas Department of Health.
    2-8              (5)  "Homeopathic preparations" means medicines
    2-9  prepared according to the Homeopathic Pharmacopeia of the United
   2-10  States.
   2-11              (6)  "Minor surgery" means the use of operative,
   2-12  electrical, or other methods for the surgical repair and care
   2-13  incidental to superficial lacerations and abrasions, superficial
   2-14  lesions, and the removal of foreign bodies located in superficial
   2-15  tissues and the use of antiseptics and local anesthetics in
   2-16  connection with these methods.  The term does not include general
   2-17  or spinal anesthesia, major surgery, surgery of the body cavities,
   2-18  or specialized surgeries, including plastic surgery or surgery
   2-19  involving the eyes, tendons, ligaments, or major blood vessels.
   2-20              (7)  "Natural antibiotics"  means antimicrobial,
   2-21  antifungal, and antiprotozoal agents that are naturally occurring
   2-22  substances or manufactured substances that are substantially
   2-23  identical to the naturally occurring substances.
   2-24              (8)  "Naturopathic medicine" means a system of primary
   2-25  health care practiced by naturopathic physicians for the
   2-26  prevention, diagnosis, and treatment of human health conditions,
   2-27  injuries, and diseases that uses education, natural medicines, and
    3-1  therapies to support and stimulate the individual's intrinsic
    3-2  self-healing processes.
    3-3              (9)  "Naturopathic obstetrics" means obstetrics and
    3-4  natural childbirth. The term includes the use of natural
    3-5  obstetrical medicines, ophthalmic antibiotics, obstetrical
    3-6  emergency medicines, and minor surgery including episiotomies, but
    3-7  does not include the use of forceps delivery, general or spinal
    3-8  anesthesia, cesarean section, or induced abortion.
    3-9              (10)  "Naturopathic physician" means a person
   3-10  authorized and licensed to practice naturopathic medicine under
   3-11  this Act.
   3-12              (11)  "Naturopathic physical medicine" means the
   3-13  therapeutic use of the physical agents of air, water, heat, cold,
   3-14  sound, light, and electromagnetic nonionizing radiation and the
   3-15  physical modalities of electrotherapy, diathermy, ultraviolet
   3-16  light, ultrasound, hydrotherapy, naturopathic manipulative therapy,
   3-17  and therapeutic exercise.
   3-18              (12)  "Topical medicines" means topical analgesics,
   3-19  anesthetics, antiseptics, scabicides, antifungals, and
   3-20  antibacterials.
   3-21        SECTION 3.  AUTHORIZED ACTIVITIES.  (a)  A person licensed as
   3-22  a naturopathic physician under this Act may  use for preventive and
   3-23  therapeutic purposes the following medicines and therapies:
   3-24              (1)  food;
   3-25              (2)  food extracts;
   3-26              (3)  nutritional medicines;
   3-27              (4)  enzymes;
    4-1              (5)  digestive aids;
    4-2              (6)  whole gland thyroid;
    4-3              (7)  medicinal plant and animal substances;
    4-4              (8)  homeopathic preparations;
    4-5              (9)  natural antibiotics;
    4-6              (10)  immunizations;
    4-7              (11)  topical medicines;
    4-8              (12)  nonprescription medications;
    4-9              (13)  counseling and psychotherapy;
   4-10              (14)  hypnotherapy;
   4-11              (15)  biofeedback;
   4-12              (16)  dietary therapy;
   4-13              (17)  naturopathic physical medicine;
   4-14              (18)  acupuncture;
   4-15              (19)  therapeutic devices;
   4-16              (20)  barrier devices for contraception;
   4-17              (21)  naturopathic obstetrics; and
   4-18              (22)  minor surgery.
   4-19        (b)  A person licensed as a naturopathic physician under this
   4-20  Act may use for diagnostic purposes:
   4-21              (1)  physical and orificial examinations;
   4-22              (2)  X-rays;
   4-23              (3)  electrocardiograms;
   4-24              (4)  ultrasound;
   4-25              (5)  phlebotomy;
   4-26              (6)  clinical laboratory tests and examinations;
   4-27              (7)  physiological function tests; and
    5-1              (8)  the noninvasive diagnostic procedures commonly
    5-2  used by physicians in general practice.
    5-3        SECTION 4.  BOARD POWERS AND DUTIES.   The board may adopt
    5-4  rules authorizing the use by naturopathic physicians of other
    5-5  diagnostic procedures and other natural medicines and therapies if
    5-6  the procedures, medicines, and therapies are taught in approved
    5-7  naturopathic medical colleges and are consistent with this Act.
    5-8        SECTION 5.  EXCEPTIONS.  This Act does not:
    5-9              (1)  prevent any other professional who is licensed,
   5-10  certified, or registered under the laws of this state from
   5-11  providing services consistent with the professional's scope of
   5-12  practice;
   5-13              (2)  apply to a student of naturopathic medicine who is
   5-14  currently enrolled in an approved naturopathic medicine college and
   5-15  who gratuitously diagnoses and treats disease under the direct
   5-16  supervision of a naturopathic physician or other health care
   5-17  practitioner regulated under the laws of this state if the
   5-18  student's activities are within the scope of practice of the
   5-19  supervising practitioner and are limited to activity consistent
   5-20  with the scope of practice authorized by this Act; or
   5-21              (3)  apply to any naturopathic physician licensed in
   5-22  another state, a territory of the United States, or the District of
   5-23  Columbia, if the state, territory, or the District of Columbia
   5-24  requires credentials equivalent to those of this Act, when the
   5-25  physician is incidentally called into this state for consultation
   5-26  with a naturopathic physician.
   5-27        SECTION 6.  PROHIBITED ACTS.  A naturopathic physician may
    6-1  not:
    6-2              (1)  prescribe, dispense, or administer any legend
    6-3  drugs or controlled substances except those medicines authorized by
    6-4  this Act;
    6-5              (2)  perform surgical procedures except those
    6-6  procedures authorized by this Act;
    6-7              (3)  practice emergency medicine except as a samaritan
    6-8  rendering gratuitous services in the case of emergency and except
    6-9  for the care of minor injuries; or
   6-10              (4)  claim to practice medicine and surgery,
   6-11  osteopathy, dentistry, podiatry, optometry, chiropractic, physical
   6-12  therapy, or any other system or method of treatment not authorized
   6-13  by this Act.
   6-14        SECTION 7.  DUTIES AND RESPONSIBILITIES.  A naturopathic
   6-15  physician has the same authority and responsibility as  any other
   6-16  licensed physician regarding public health laws, reportable
   6-17  diseases and conditions, communicable disease control and
   6-18  prevention, the recording of vital statistics, health and physical
   6-19  examinations, competency examinations, and local boards of health,
   6-20  except that the authority under this section is limited to activity
   6-21  consistent with the scope of practice authorized by this Act.
   6-22        SECTION 8.  LICENSE QUALIFICATIONS.  (a)  A person is
   6-23  qualified to be licensed as a naturopathic physician if the person:
   6-24              (1)  is a graduate of an approved naturopathic medical
   6-25  college;
   6-26              (2)  has passed an examination prescribed or endorsed
   6-27  by the board covering the appropriate naturopathic subjects; and
    7-1              (3)  is of good moral character.
    7-2        (b)  A person is qualified to be licensed as a naturopathic
    7-3  physician without examination if:
    7-4              (1)  the applicant is licensed to practice naturopathic
    7-5  medicine or naturopathy in another state, a territory of the United
    7-6  States, or the District of Columbia under conditions and
    7-7  circumstances that the board finds to be comparable to the
    7-8  requirements of this state for obtaining a license to practice
    7-9  naturopathic medicine and the state, the territory, or the District
   7-10  of Columbia requires the successful completion of a professional
   7-11  examination for the issuance of a license;
   7-12              (2)  the applicant has graduated from an approved
   7-13  naturopathic medical college or, if the applicant was licensed
   7-14  before a date designated by board rule, the applicant graduated
   7-15  from a college approved by the board after the college was
   7-16  investigated and found to meet the acceptable education standards
   7-17  in existence at the time of the applicant's graduation; and
   7-18              (3)  the applicant produces evidence satisfactory to
   7-19  the board that the applicant holds a valid, unsuspended, and
   7-20  unrevoked license, has been actively engaged in the practice of
   7-21  naturopathic medicine or naturopathy for  not less than one year,
   7-22  and is of good moral character.
   7-23        (c)  A person is qualified to be licensed under this Act
   7-24  without examination if the person:
   7-25              (1)  is a resident of the state;
   7-26              (2)  is 18 years of age or older;
   7-27              (3)  held the person out to the public as a naturopath
    8-1  or naturopathic physician before January 1, 1995;
    8-2              (4)  is not licensed as a health care provider under
    8-3  any other law in this state;
    8-4              (5)  derives the majority of the person's earned income
    8-5  from the practice of naturopathic medicine; and
    8-6              (6)  applies for a license under this subsection on or
    8-7  before January 1, 1996.
    8-8        (d)  A person licensed under Subsection (c) of this section
    8-9  may practice naturopathic medicine only within a scope of practice
   8-10  that reflects the limits of the person's training and experience.
   8-11  The board may adopt rules providing for limitations on the practice
   8-12  of a person under this subsection and prescribing methods by which
   8-13  a person licensed under Subsection (c) of this section is
   8-14  identified as a person whose practice is limited.
   8-15        SECTION 9.  EXAMINATION.  (a)  A person may sit for the
   8-16  examination prescribed or endorsed by the board under Subsection
   8-17  (a) of Section 8 of this Act and be eligible for licensure on the
   8-18  passage of the examination if, before December 1, 1995, the person
   8-19  submits proof to the department that the person:
   8-20              (1)  attended a naturopathic college and received a
   8-21  doctorate degree in naturopathic medicine or naturopathy from the
   8-22  college before May 1, 1994, and the college is subsequently
   8-23  approved by the board;
   8-24              (2)  was in practice in this state before May 1, 1994,
   8-25  that included providing health care services using natural
   8-26  medicines or therapies to patients in this state on a regular and
   8-27  ongoing basis; and
    9-1              (3)  is of good moral character.
    9-2        (b)  The board may prescribe a nationally developed standard
    9-3  examination as part or all of the examination prescribed or
    9-4  endorsed under Subsection (a) of Section 8 of this Act.  The
    9-5  passing criteria for the examination shall be determined by board
    9-6  rule.  The board may adopt other rules necessary to the
    9-7  administration of the examination.
    9-8        (c)  The board shall set the fees for the examination,
    9-9  reexamination of the entire examination, and reexamination of
   9-10  separate components of the examination in amounts necessary to
   9-11  cover the actual cost of the examination and the expenses of
   9-12  administration.
   9-13        SECTION 10.  LICENSE FEES.  A license to practice
   9-14  naturopathic medicine issued on the basis of examination or issued
   9-15  without examination based on a license granted in another state, a
   9-16  territory of the United States, or the District of Columbia may be
   9-17  issued and renewed on payment of the initial licensing fee and
   9-18  biennial renewal fees as determined by the board.  The amounts of
   9-19  the fees may not be less than $100 or more than $500.
   9-20        SECTION 11.  LICENSE RENEWAL.  (a)  A license to practice
   9-21  naturopathic medicine must be renewed biennially.
   9-22        (b)  To renew a license, each naturopathic physician must
   9-23  submit to the department evidence of successful completion of the
   9-24  required hours of continuing education from programs approved by
   9-25  the board.
   9-26        (c)  The board shall adopt rules as to what constitutes an
   9-27  approved program of continuing education and the manner in which
   10-1  attendance at all approved courses, clinics, forums, lectures,
   10-2  programs, or seminars is monitored, recorded, and submitted to the
   10-3  department.
   10-4        (d)  The board may adopt other rules necessary to the
   10-5  administration of license renewals.
   10-6        SECTION 12.  CONTINUING EDUCATION.  (a)  The total number of
   10-7  required continuing education hours for all naturopathic physicians
   10-8  is not less than 30 approved hours biennially.  The number and type
   10-9  of required continuing education hours for a naturopathic physician
  10-10  certified in naturopathic obstetrics is not less than 15 approved
  10-11  specialty hours in obstetrics or natural childbirth and not less
  10-12  than 20 approved hours biennially for a total of not less than 35
  10-13  approved hours biennially.
  10-14        (b)  A person who seeks to renew a license that expired
  10-15  within the preceding year must comply with the continuing education
  10-16  requirements for the regular renewal of the license.  A person
  10-17  seeking to renew a license that has been expired for more than one
  10-18  year must present evidence of completion of not less than one-half
  10-19  of the required hours of approved continuing education requirements
  10-20  during the year preceding the date of the application for renewal.
  10-21        SECTION 13.  INACTIVE STATUS; RETIRED STATUS.  (a)  A license
  10-22  holder seeking to place the person's license on inactive status
  10-23  must notify the department at the time of renewal and pay a fee for
  10-24  inactive status.
  10-25        (b)  The amount of the fee shall be set by the board except
  10-26  the amount may not be less than $30 or more than $100.
  10-27        (c)  To activate a license on inactive status, the license
   11-1  holder must pay the regular renewal fee and present evidence of
   11-2  having completed not less than one-half of the required hours of
   11-3  approved continuing education requirements during the year
   11-4  preceding the date of the application for activation.
   11-5        (d)  A license holder seeking to place a license on retired
   11-6  status must notify the department at the time of renewal.  A
   11-7  license on retired status may not be reactivated.
   11-8        (e)  A license holder who holds a license that is on inactive
   11-9  or retired status may not practice naturopathic medicine.
  11-10        SECTION 14.  SPECIALTY PRACTICE.  (a)  A naturopathic
  11-11  physician may not practice naturopathic obstetrics or acupuncture
  11-12  without first obtaining a certificate of specialty practice.  The
  11-13  board shall adopt rules to certify naturopathic physicians for
  11-14  specialty practice.
  11-15        (b)  To be certified in naturopathic obstetrics, a
  11-16  naturopathic physician must:
  11-17              (1)  pass a specialty examination in obstetrics or
  11-18  natural childbirth approved by the board;
  11-19              (2)  have completed at least 100 hours of course work,
  11-20  internship, or preceptorship in obstetrics or natural childbirth
  11-21  approved by the board; and
  11-22              (3)  have participated in at least 40 supervised
  11-23  births, including prenatal and postnatal care, under the direct
  11-24  supervision of a  licensed naturopathic, medical, or osteopathic
  11-25  physician with specialty training in obstetrics or natural
  11-26  childbirth.
  11-27        (c)  The board may prescribe a national standardized
   12-1  examination in obstetrics or natural childbirth as constituting the
   12-2  specialty examination.
   12-3        (d)  To be certified in acupuncture, a naturopathic physician
   12-4  must complete a program in acupuncture approved by the board that
   12-5  includes not less than 500 hours of training in acupuncture,
   12-6  including both didactic and clinical training, and pass a specialty
   12-7  examination in acupuncture approved by the board.  The board may
   12-8  prescribe a national standardized examination in acupuncture as
   12-9  constituting the specialty examination.
  12-10        SECTION 15.  USE OF TITLES; PENALTY; INJUNCTION.  (a)  A
  12-11  naturopathic physician may use the title "naturopathic physician"
  12-12  and the recognized abbreviation for the professional degree of
  12-13  "N.D."  A naturopathic physician has the exclusive right to use the
  12-14  terms "naturopathic physician," "naturopath," "doctor of
  12-15  naturopathic medicine," "doctor of naturopathy," "naturopathic
  12-16  medicine," "naturopathic health care," "naturopathy," and "N.D."
  12-17        (b)  A person commits an offense if the person holds the
  12-18  person out as a naturopathic physician or naturopath, suggests that
  12-19  the person practices naturopathic medicine or naturopathy, or uses
  12-20  the terms and abbreviation described by Subsection (a) of this
  12-21  section without holding a license or while the person is on retired
  12-22  or inactive status under this Act.
  12-23        (c)  An offense under Subsection (b) of this section is a
  12-24  Class B misdemeanor.
  12-25        (d)  A person who violates this section may be enjoined by
  12-26  the district court on petition by the board.
  12-27        SECTION 16.  DISCIPLINARY ACTIONS.  A person licensed under
   13-1  this Act who engages in the practice of naturopathic medicine in
   13-2  violation of this Act or a rule adopted under this Act is subject
   13-3  to disciplinary measures and may be subject to a refusal to renew
   13-4  the person's license, the imposition of a limitation on the
   13-5  person's license, or the revocation or suspension of the license.
   13-6        SECTION 17.  CONFORMING AMENDMENT.  Subsection (b), Section
   13-7  3.06, Medical Practice Act (Article 4495b, Vernon's Texas Civil
   13-8  Statutes), is amended to read as follows:
   13-9        (b)  This Act does not apply to:
  13-10              (1)  dentists, duly qualified and registered under the
  13-11  laws of this state who confine their practice strictly to
  13-12  dentistry;
  13-13              (2)  duly licensed optometrists who confine their
  13-14  practice strictly to optometry as defined by law;
  13-15              (3)  duly licensed chiropractors who confine their
  13-16  practice strictly to chiropractic as defined by law;
  13-17              (4)  registered or professional nurses and licensed
  13-18  vocational nurses registered or licensed under the laws of this
  13-19  state who confine their practice strictly within the provisions of
  13-20  such applicable licensing Acts and the laws of this state;
  13-21              (5)  duly licensed podiatrists who confine their
  13-22  practice strictly to podiatry as defined by law;
  13-23              (6)  duly licensed or certified psychologists who
  13-24  confine their activities or practice strictly to psychology as
  13-25  defined by law;
  13-26              (7)  duly licensed physical therapists who confine
  13-27  their activities or practice strictly to physical therapy and who
   14-1  are not in violation of any law relating to physical therapy
   14-2  practice;
   14-3              (8)  duly licensed athletic trainers who confine their
   14-4  activities to the functions of an athletic trainer;
   14-5              (9)  commissioned or contract surgeons of the uniformed
   14-6  services of the United States or in the Public Health Service in
   14-7  the performance of their duties and not engaged in private
   14-8  practice;
   14-9              (10) <(9)>  any person furnishing medical assistance in
  14-10  case of an emergency or disaster situation if no charge is made for
  14-11  the medical assistance;
  14-12              (11) <(10)>  a student in training in a medical school
  14-13  approved by the board while performing the duties assigned in the
  14-14  course of training, providing the duties are performed under the
  14-15  supervision of a licensed practitioner, except that medical
  14-16  residents, interns, and fellows shall be required to register and
  14-17  be subject to the other applicable provisions of this Act;
  14-18              (12) <(11)>  legally qualified physicians of other
  14-19  states called in consultation but who have no office in Texas and
  14-20  who appoint no place in this state for seeing, examining, or
  14-21  treating patients; <or>
  14-22              (13) <(12)>  licensed naturopathic physicians who
  14-23  confine their practice strictly to naturopathic medicine as defined
  14-24  by law; or
  14-25              (14)  any other activities that the board may designate
  14-26  as exempt from the application of this Act.
  14-27        SECTION 18.  CONFORMING AMENDMENT.  Section 6.06, Medical
   15-1  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), is
   15-2  amended to read as follows:
   15-3        Sec. 6.06.  LICENSE REQUIRED; EXCEPTION.  (a)  Except as
   15-4  provided by Subsection (b) of this section, a <A> person may not
   15-5  practice acupuncture in this state unless the person holds a
   15-6  license to practice acupuncture issued by the medical board under
   15-7  this subchapter.
   15-8        (b)  A person licensed to practice naturopathic medicine may
   15-9  engage in the practice of acupuncture without a license under this
  15-10  subchapter.
  15-11        SECTION 19.  CONFORMING AMENDMENT.  Subsection (a), Section
  15-12  3, Licensed Professional Counselor Act (Article 4512g, Vernon's
  15-13  Texas Civil Statutes), is amended to read as follows:
  15-14        (a)  Except as provided by Subsection (b) of this section,
  15-15  this Act does not apply to:
  15-16              (1)  the activities and services of or use of an
  15-17  official title by a person employed as a counselor by a federal,
  15-18  state, county, or municipal agency or public or private educational
  15-19  institution, if the person is performing counseling or
  15-20  counseling-related activities within the scope of his employment;
  15-21              (2)  the activities and services of a student, intern,
  15-22  or trainee in counseling pursuing a course of study in counseling
  15-23  in a regionally accredited institution of higher education or
  15-24  training institution, if these activities and services constitute a
  15-25  part of the supervised course of study and the person is designated
  15-26  a "counselor intern";
  15-27              (3)  the activities and services of a nonresident
   16-1  rendered not more than 30 days during any year, if the person is
   16-2  authorized to perform the activities and services under the law of
   16-3  the state or country of his residence;
   16-4              (4)  the activities and services of members of other
   16-5  professions licensed or certified by the state, such as physicians,
   16-6  registered nurses, psychologists, certified social workers,
   16-7  licensed marriage and family therapists, licensed chemical
   16-8  dependency counselors, licensed naturopathic physicians, licensed
   16-9  optometrists in the evaluation and remediation of learning or
  16-10  behavioral disabilities associated with or caused by a defective or
  16-11  abnormal condition of vision, Christian Science practitioners who
  16-12  are recognized by the Church of Christ Scientist as registered and
  16-13  published in the Christian Science Journal, or other recognized
  16-14  religious practitioners performing counseling consistent with the
  16-15  law of the state, their training, and any code of ethics of their
  16-16  professions, if they do not represent themselves by any title or
  16-17  description in the manner prescribed by Section 2 of this Act;
  16-18              (5)  the activities, services, titles, and descriptions
  16-19  of persons licensed to practice law;
  16-20              (6)  the activities, services, titles, and descriptions
  16-21  of persons employed as professionals or who are volunteers in the
  16-22  practice of counseling for public and private nonprofit
  16-23  organizations or charities who are accountable to the persons'
  16-24  sponsoring organization and do not use the title or hold themselves
  16-25  out to be licensed counselors;
  16-26              (7)  persons supervised by a physician and recognized
  16-27  as physician assistants by the Texas State Board of Medical
   17-1  Examiners, if the persons act strictly within their scope of
   17-2  practice and do not use the titles covered by Section 15(b)(3) of
   17-3  this Act; or
   17-4              (8)  persons owning, operating, or employed by a
   17-5  certified career counseling service regulated under Chapter 222,
   17-6  Acts of the 70th Legislature, Regular Session, 1987 (Article
   17-7  5221a-8, Vernon's Texas Civil Statutes).
   17-8        SECTION 20.  EFFECTIVE DATE.  This Act takes effect September
   17-9  1, 1995.
  17-10        SECTION 21.  EMERGENCY.  The importance of this legislation
  17-11  and the crowded condition of the calendars in both houses create an
  17-12  emergency and an imperative public necessity that the
  17-13  constitutional rule requiring bills to be read on three several
  17-14  days in each house be suspended, and this rule is hereby suspended.