By Luna                                                S.B. No. 476
          Substitute the following for S.B. No. 476:
          By Maxey                                           C.S.S.B. No. 476
                                 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.
    1-5        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)  "Approved naturopathic medical college"  means a
   1-17  college or program granting the degree of doctor of naturopathic
   1-18  medicine or doctor of naturopathy that:
   1-19                    (A)  is accredited by the Council on Naturopathic
   1-20  Medical Education or other accrediting agency if recognized by the
   1-21  federal government;
   1-22                    (B)  has candidate for accreditation status with
   1-23  the accrediting agency; or
   1-24                    (C)  has been approved by the board after the
    2-1  college or program was investigated and found to meet education
    2-2  standards equivalent to those established by the accrediting
    2-3  agency.
    2-4              (2)  "Board" means the Texas Board of Health.
    2-5              (3)  "Department" means the Texas Department of Health.
    2-6              (4)  "Homeopathic preparations" means medicines
    2-7  prepared according to the Homeopathic Pharmacopeia of the United
    2-8  States.
    2-9              (5)  "Minor surgery" means the use of operative,
   2-10  electrical, or other methods for the surgical repair and care
   2-11  incidental to superficial lacerations and abrasions, superficial
   2-12  lesions, and the removal of foreign bodies located in superficial
   2-13  tissues and the use of antiseptics and local anesthetics in
   2-14  connection with these methods.  The term does not include general
   2-15  or spinal anesthesia, major surgery, surgery of the body cavities,
   2-16  or specialized surgeries, including plastic surgery or surgery
   2-17  involving the eyes, tendons, ligaments, or major blood vessels.
   2-18              (6)  "Natural antibiotics"  means antimicrobial,
   2-19  antifungal, and antiprotozoal agents that are naturally occurring
   2-20  substances or manufactured substances that are substantially
   2-21  identical to the naturally occurring substances.
   2-22              (7)  "Naturopathic medicine" means a system of primary
   2-23  health care practiced by naturopathic physicians for the
   2-24  prevention, diagnosis, and treatment of human health conditions,
   2-25  injuries, and diseases that uses education, natural medicines, and
   2-26  therapies to support and stimulate the individual's intrinsic
   2-27  self-healing processes.
    3-1              (8)  "Naturopathic obstetrics" means obstetrics and
    3-2  natural childbirth. The term includes the use of natural
    3-3  obstetrical medicines, ophthalmic antibiotics, obstetrical
    3-4  emergency medicines, and minor surgery including episiotomies, but
    3-5  does not include the use of forceps delivery, general or spinal
    3-6  anesthesia, cesarean section, or induced abortion.
    3-7              (9)  "Naturopathic physician" means a person authorized
    3-8  and licensed to practice naturopathic medicine under this Act.
    3-9              (10)  "Naturopathic physical medicine" means the
   3-10  therapeutic use of the physical agents of air, water, heat, cold,
   3-11  sound, light, and electromagnetic nonionizing radiation and the
   3-12  physical modalities of electrotherapy, diathermy, ultraviolet
   3-13  light, ultrasound, hydrotherapy, naturopathic manipulative therapy,
   3-14  and therapeutic exercise.
   3-15              (11)  "Topical medicines" means topical analgesics,
   3-16  anesthetics, antiseptics, scabicides, antifungals, and
   3-17  antibacterials.
   3-18        SECTION 3.  AUTHORIZED ACTIVITIES.  (a)  A person licensed as
   3-19  a naturopathic physician under this Act may  use for preventive and
   3-20  therapeutic purposes the following medicines and therapies:
   3-21              (1)  food;
   3-22              (2)  food extracts;
   3-23              (3)  nutritional medicines;
   3-24              (4)  enzymes;
   3-25              (5)  digestive aids;
   3-26              (6)  whole gland thyroid;
   3-27              (7)  medicinal plant and animal substances;
    4-1              (8)  homeopathic preparations;
    4-2              (9)  natural antibiotics;
    4-3              (10)  immunizations;
    4-4              (11)  topical medicines;
    4-5              (12)  nonprescription medications;
    4-6              (13)  counseling and psychotherapy;
    4-7              (14)  hypnotherapy;
    4-8              (15)  biofeedback;
    4-9              (16)  dietary therapy;
   4-10              (17)  naturopathic physical medicine;
   4-11              (18)  therapeutic devices;
   4-12              (19)  barrier devices for contraception;
   4-13              (20)  naturopathic obstetrics; and
   4-14              (21)  minor surgery.
   4-15        (b)  A person licensed as a naturopathic physician under this
   4-16  Act may use for diagnostic purposes:
   4-17              (1)  physical and orificial examinations;
   4-18              (2)  X-rays;
   4-19              (3)  electrocardiograms;
   4-20              (4)  ultrasound;
   4-21              (5)  phlebotomy;
   4-22              (6)  clinical laboratory tests and examinations;
   4-23              (7)  physiological function tests; and
   4-24              (8)  the noninvasive diagnostic procedures commonly
   4-25  used by physicians in general practice.
   4-26        SECTION 4.  BOARD POWERS AND DUTIES.   The board may adopt
   4-27  rules authorizing the use by naturopathic physicians of other
    5-1  diagnostic procedures and other natural medicines and therapies if
    5-2  the procedures, medicines, and therapies are taught in approved
    5-3  naturopathic medical colleges and are consistent with this Act.
    5-4        SECTION 5.  EXCEPTIONS.  This Act does not:
    5-5              (1)  prevent any other professional who is licensed,
    5-6  certified, or registered under the laws of this state from
    5-7  providing services consistent with the professional's scope of
    5-8  practice;
    5-9              (2)  apply to a student of naturopathic medicine who is
   5-10  currently enrolled in an approved naturopathic medicine college and
   5-11  who gratuitously diagnoses and treats disease under the direct
   5-12  supervision of a naturopathic physician or other health care
   5-13  practitioner regulated under the laws of this state if the
   5-14  student's activities are within the scope of practice of the
   5-15  supervising practitioner and are limited to activity consistent
   5-16  with the scope of practice authorized by this Act; or
   5-17              (3)  apply to any naturopathic physician licensed in
   5-18  another state, a territory of the United States, or the District of
   5-19  Columbia, if the state, territory, or the District of Columbia
   5-20  requires credentials equivalent to those of this Act, when the
   5-21  physician is incidentally called into this state for consultation
   5-22  with a naturopathic physician.
   5-23        SECTION 6.  PROHIBITED ACTS.  A naturopathic physician may
   5-24  not:
   5-25              (1)  prescribe, dispense, or administer any legend
   5-26  drugs or controlled substances except those medicines authorized by
   5-27  this Act;
    6-1              (2)  perform surgical procedures or X-ray procedures
    6-2  except those procedures authorized by this Act;
    6-3              (3)  practice emergency medicine except as a samaritan
    6-4  rendering gratuitous services in the case of emergency and except
    6-5  for the care of minor injuries; or
    6-6              (4)  claim to practice medicine and surgery,
    6-7  osteopathy, dentistry, podiatry, optometry, chiropractic, physical
    6-8  therapy, or any other system or method of treatment not authorized
    6-9  by this Act.
   6-10        SECTION 7.  DUTIES AND RESPONSIBILITIES.  A naturopathic
   6-11  physician has the same authority and responsibility as any other
   6-12  licensed physician regarding public health laws, reportable
   6-13  diseases and conditions, communicable disease control and
   6-14  prevention, the recording of vital statistics, health and physical
   6-15  examinations, competency examinations, and local boards of health,
   6-16  except that the authority under this section is limited to activity
   6-17  consistent with the scope of practice authorized by this Act.
   6-18        SECTION 8.  LICENSE QUALIFICATIONS.  (a)  A person is
   6-19  qualified to be licensed as a naturopathic physician if the person:
   6-20              (1)  is a graduate of an approved naturopathic medical
   6-21  college;
   6-22              (2)  has passed an examination prescribed or endorsed
   6-23  by the board covering the appropriate naturopathic subjects; and
   6-24              (3)  is of good moral character.
   6-25        (b)  A person is qualified to be licensed as a naturopathic
   6-26  physician without examination if:
   6-27              (1)  the applicant is licensed to practice naturopathic
    7-1  medicine or naturopathy in another state, a territory of the United
    7-2  States, or the District of Columbia under conditions and
    7-3  circumstances that the board finds to be comparable to the
    7-4  requirements of this state for obtaining a license to practice
    7-5  naturopathic medicine and the state, the territory, or the District
    7-6  of Columbia requires the successful completion of a professional
    7-7  examination for the issuance of a license;
    7-8              (2)  the applicant has graduated from an approved
    7-9  naturopathic medical college or, if the applicant was licensed
   7-10  before a date designated by board rule, the applicant graduated
   7-11  from a college approved by the board after the college was
   7-12  investigated and found to meet the acceptable education standards
   7-13  in existence at the time of the applicant's graduation; and
   7-14              (3)  the applicant produces evidence satisfactory to
   7-15  the board that the applicant holds a valid, unsuspended, and
   7-16  unrevoked license, has been actively engaged in the practice of
   7-17  naturopathic medicine or naturopathy for  not less than one year,
   7-18  and is of good moral character.
   7-19        (c)  A person is qualified to be licensed under this Act
   7-20  without examination if the person:
   7-21              (1)  is a resident of the state;
   7-22              (2)  is 18 years of age or older;
   7-23              (3)  held the person out to the public as a naturopath
   7-24  or naturopathic physician before January 1, 1995;
   7-25              (4)  is not licensed as a health care provider under
   7-26  any other law in this state;
   7-27              (5)  derives the majority of the person's earned income
    8-1  from the practice of naturopathic medicine; and
    8-2              (6)  applies for a license under this subsection on or
    8-3  before January 1, 1996.
    8-4        (d)  A person licensed under Subsection (c) of this section
    8-5  may practice naturopathic medicine only within a scope of practice
    8-6  that reflects the limits of the person's training and experience.
    8-7  The board may adopt rules providing for limitations on the practice
    8-8  of a person under this subsection and prescribing methods by which
    8-9  a person licensed under Subsection (c) of this section is
   8-10  identified as a person whose practice is limited.
   8-11        SECTION 9.  EXAMINATION.  (a)  A person may sit for the
   8-12  examination prescribed or endorsed by the board under Section 8(a)
   8-13  of this Act and be eligible for licensure on the passage of the
   8-14  examination if, before December 1, 1995, the person submits proof
   8-15  to the department that the person:
   8-16              (1)  attended a naturopathic college and received a
   8-17  doctorate degree in naturopathic medicine or naturopathy from the
   8-18  college before May 1, 1994, and the college is subsequently
   8-19  approved by the board;
   8-20              (2)  was in practice in this state before May 1, 1994,
   8-21  that included providing health care services using natural
   8-22  medicines or therapies to patients in this state on a regular and
   8-23  ongoing basis; and
   8-24              (3)  is of good moral character.
   8-25        (b)  The board may prescribe a nationally developed standard
   8-26  examination as part or all of the examination prescribed or
   8-27  endorsed under Section 8(a) of this Act.  The passing criteria for
    9-1  the examination shall be determined by board rule.  The board may
    9-2  adopt other rules necessary to the administration of the
    9-3  examination.
    9-4        (c)  The board shall set the fees for the examination,
    9-5  reexamination of the entire examination, and reexamination of
    9-6  separate components of the examination in amounts necessary to
    9-7  cover the actual cost of the examination and the expenses of
    9-8  administration.
    9-9        SECTION 10.  LICENSE FEES.  A license to practice
   9-10  naturopathic medicine issued on the basis of examination or issued
   9-11  without examination based on a license granted in another state, a
   9-12  territory of the United States, or the District of Columbia may be
   9-13  issued and renewed on payment of the initial licensing fee and
   9-14  biennial renewal fees as determined by the board.  The amounts of
   9-15  the fees may not be less than $100 or more than $500.
   9-16        SECTION 11.  LICENSE RENEWAL.  (a)  A license to practice
   9-17  naturopathic medicine must be renewed biennially.
   9-18        (b)  To renew a license, each naturopathic physician must
   9-19  submit to the department evidence of successful completion of the
   9-20  required hours of continuing education from programs approved by
   9-21  the board.
   9-22        (c)  The board shall adopt rules as to what constitutes an
   9-23  approved program of continuing education and the manner in which
   9-24  attendance at all approved courses, clinics, forums, lectures,
   9-25  programs, or seminars is monitored, recorded, and submitted to the
   9-26  department.
   9-27        (d)  The board may adopt other rules necessary to the
   10-1  administration of license renewals.
   10-2        SECTION 12.  CONTINUING EDUCATION.  (a)  The total number of
   10-3  required continuing education hours for all naturopathic physicians
   10-4  is not less than 30 approved hours biennially.  The number and type
   10-5  of required continuing education hours for a naturopathic physician
   10-6  certified in naturopathic obstetrics is not less than 15 approved
   10-7  specialty hours in obstetrics or natural childbirth and not less
   10-8  than 20 approved hours biennially for a total of not less than 35
   10-9  approved hours biennially.
  10-10        (b)  A person who seeks to renew a license that expired
  10-11  within the preceding year must comply with the continuing education
  10-12  requirements for the regular renewal of the license.  A person
  10-13  seeking to renew a license that has been expired for more than one
  10-14  year must present evidence of completion of not less than one-half
  10-15  of the required hours of approved continuing education requirements
  10-16  during the year preceding the date of the application for renewal.
  10-17        SECTION 13.  INACTIVE STATUS; RETIRED STATUS.  (a)  A license
  10-18  holder seeking to place the person's license on inactive status
  10-19  must notify the department at the time of renewal and pay a fee for
  10-20  inactive status.
  10-21        (b)  The amount of the fee shall be set by the board except
  10-22  the amount may not be less than $30 or more than $100.
  10-23        (c)  To activate a license on inactive status, the license
  10-24  holder must pay the regular renewal fee and present evidence of
  10-25  having completed not less than one-half of the required hours of
  10-26  approved continuing education requirements during the year
  10-27  preceding the date of the application for activation.
   11-1        (d)  A license holder seeking to place a license on retired
   11-2  status must notify the department at the time of renewal.  A
   11-3  license on retired status may not be reactivated.
   11-4        (e)  A license holder who holds a license that is on inactive
   11-5  or retired status may not practice naturopathic medicine.
   11-6        SECTION 14.  SPECIALTY PRACTICE.  (a)  A naturopathic
   11-7  physician may not practice naturopathic obstetrics without first
   11-8  obtaining a certificate of specialty practice.  The board shall
   11-9  adopt rules to certify naturopathic physicians for specialty
  11-10  practice.
  11-11        (b)  To be certified in naturopathic obstetrics, a
  11-12  naturopathic physician must:
  11-13              (1)  pass a specialty examination in obstetrics or
  11-14  natural childbirth approved by the board; and
  11-15              (2)  comply with the requirements adopted by the board
  11-16  for issuance of the specialty certification that are equivalent to
  11-17  the minimum requirements, including any examination requirements,
  11-18  to obtain a license to practice midwifery in this state.
  11-19        (c)  The board may prescribe a national standardized
  11-20  examination in obstetrics or natural childbirth as constituting the
  11-21  specialty examination.
  11-22        SECTION 15.  USE OF X-RAY.  A naturopathic physician licensed
  11-23  under this Act may use an X-ray in the course of the person's
  11-24  practice only if the person is certified by the board as qualified
  11-25  to perform X-ray procedures.  The board shall adopt rules for the
  11-26  issuance of a certification under this section that are equivalent
  11-27  to the requirements for other health professionals to engage in the
   12-1  use of X-rays.
   12-3  naturopathic physician may use the title "naturopathic physician"
   12-4  and the recognized abbreviation for the professional degree of
   12-5  "N.D."  A naturopathic physician has the exclusive right to use the
   12-6  terms "naturopathic physician," "naturopath," "doctor of
   12-7  naturopathic medicine," "doctor of naturopathy," "naturopathic
   12-8  medicine," "naturopathic health care," "naturopathy," and "N.D."
   12-9        (b)  A person commits an offense if the person holds the
  12-10  person out as a naturopathic physician or naturopath, suggests that
  12-11  the person practices naturopathic medicine or naturopathy, or uses
  12-12  the terms and abbreviation described by Subsection (a) of this
  12-13  section without holding a license or while the person is on retired
  12-14  or inactive status under this Act.
  12-15        (c)  An offense under Subsection (b) of this section is a
  12-16  Class B misdemeanor.
  12-17        (d)  A person who violates this section may be enjoined by
  12-18  the district court on petition by the board.
  12-19        SECTION 17.  DISCIPLINARY ACTIONS.  A person licensed under
  12-20  this Act who engages in the practice of naturopathic medicine in
  12-21  violation of this Act or a rule adopted under this Act is subject
  12-22  to disciplinary measures and may be subject to a refusal to renew
  12-23  the person's license, the imposition of a limitation on the
  12-24  person's license, or the revocation or suspension of the license.
  12-25        SECTION 18.  CONFORMING AMENDMENT.  Section 3.06(b), Medical
  12-26  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), is
  12-27  amended to read as follows:
   13-1        (b)  This Act does not apply to:
   13-2              (1)  dentists, duly qualified and registered under the
   13-3  laws of this state who confine their practice strictly to
   13-4  dentistry;
   13-5              (2)  duly licensed optometrists who confine their
   13-6  practice strictly to optometry as defined by law;
   13-7              (3)  duly licensed chiropractors who confine their
   13-8  practice strictly to chiropractic as defined by law;
   13-9              (4)  registered or professional nurses and licensed
  13-10  vocational nurses registered or licensed under the laws of this
  13-11  state who confine their practice strictly within the provisions of
  13-12  such applicable licensing Acts and the laws of this state;
  13-13              (5)  duly licensed podiatrists who confine their
  13-14  practice strictly to podiatry as defined by law;
  13-15              (6)  duly licensed or certified psychologists who
  13-16  confine their activities or practice strictly to psychology as
  13-17  defined by law;
  13-18              (7)  duly licensed physical therapists who confine
  13-19  their activities or practice strictly to physical therapy and who
  13-20  are not in violation of any law relating to physical therapy
  13-21  practice;
  13-22              (8)  duly licensed athletic trainers who confine their
  13-23  activities to the functions of an athletic trainer;
  13-24              (9)  commissioned or contract surgeons of the uniformed
  13-25  services of the United States or in the Public Health Service in
  13-26  the performance of their duties and not engaged in private
  13-27  practice;
   14-1              (10) <(9)>  any person furnishing medical assistance in
   14-2  case of an emergency or disaster situation if no charge is made for
   14-3  the medical assistance;
   14-4              (11) <(10)>  a student in training in a medical school
   14-5  approved by the board while performing the duties assigned in the
   14-6  course of training, providing the duties are performed under the
   14-7  supervision of a licensed practitioner, except that medical
   14-8  residents, interns, and fellows shall be required to register and
   14-9  be subject to the other applicable provisions of this Act;
  14-10              (12) <(11)>  legally qualified physicians of other
  14-11  states called in consultation but who have no office in Texas and
  14-12  who appoint no place in this state for seeing, examining, or
  14-13  treating patients; <or>
  14-14              (13)  licensed naturopathic physicians who confine
  14-15  their practice strictly to naturopathic medicine as defined by law;
  14-16  or
  14-17              (14) <(12)>  any other activities that the board may
  14-18  designate as exempt from the application of this Act.
  14-19        SECTION 19.  CONFORMING AMENDMENT.  Section 3(a), Licensed
  14-20  Professional Counselor Act (Article 4512g, Vernon's Texas Civil
  14-21  Statutes), is amended to read as follows:
  14-22        (a)  Except as provided by Subsection (b) of this section,
  14-23  this Act does not apply to:
  14-24              (1)  the activities and services of or use of an
  14-25  official title by a person employed as a counselor by a federal,
  14-26  state, county, or municipal agency or public or private educational
  14-27  institution, if the person is performing counseling or
   15-1  counseling-related activities within the scope of his employment;
   15-2              (2)  the activities and services of a student, intern,
   15-3  or trainee in counseling pursuing a course of study in counseling
   15-4  in a regionally accredited institution of higher education or
   15-5  training institution, if these activities and services constitute a
   15-6  part of the supervised course of study and the person is designated
   15-7  a "counselor intern";
   15-8              (3)  the activities and services of a nonresident
   15-9  rendered not more than 30 days during any year, if the person is
  15-10  authorized to perform the activities and services under the law of
  15-11  the state or country of his residence;
  15-12              (4)  the activities and services of members of other
  15-13  professions licensed or certified by the state, such as physicians,
  15-14  registered nurses, psychologists, certified social workers,
  15-15  licensed marriage and family therapists, licensed chemical
  15-16  dependency counselors, licensed naturopathic physicians, licensed
  15-17  optometrists in the evaluation and remediation of learning or
  15-18  behavioral disabilities associated with or caused by a defective or
  15-19  abnormal condition of vision, Christian Science practitioners who
  15-20  are recognized by the Church of Christ Scientist as registered and
  15-21  published in the Christian Science Journal, or other recognized
  15-22  religious practitioners performing counseling consistent with the
  15-23  law of the state, their training, and any code of ethics of their
  15-24  professions, if they do not represent themselves by any title or
  15-25  description in the manner prescribed by Section 2 of this Act;
  15-26              (5)  the activities, services, titles, and descriptions
  15-27  of persons licensed to practice law;
   16-1              (6)  the activities, services, titles, and descriptions
   16-2  of persons employed as professionals or who are volunteers in the
   16-3  practice of counseling for public and private nonprofit
   16-4  organizations or charities who are accountable to the persons'
   16-5  sponsoring organization and do not use the title or hold themselves
   16-6  out to be licensed counselors;
   16-7              (7)  persons supervised by a physician and recognized
   16-8  as physician assistants by the Texas State Board of Medical
   16-9  Examiners, if the persons act strictly within their scope of
  16-10  practice and do not use the titles covered by Section 15(b)(3) of
  16-11  this Act; or
  16-12              (8)  persons owning, operating, or employed by a
  16-13  certified career counseling service regulated under Chapter 222,
  16-14  Acts of the 70th Legislature, Regular Session, 1987 (Article
  16-15  5221a-8, Vernon's Texas Civil Statutes).
  16-16        SECTION 20.  CONFORMING AMENDMENT.  Section 5(39), Texas
  16-17  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), is
  16-18  amended to read as follows:
  16-19              (39)  "Practitioner" means:
  16-20                    (A)  a physician, dentist, podiatrist, or
  16-21  veterinarian, a naturopathic physician to the extent permitted by
  16-22  rules adopted by the Texas Board of Health, or another <other>
  16-23  person licensed or registered to prescribe, distribute, administer,
  16-24  or dispense a prescription drug or device in the course of
  16-25  professional practice in this state;
  16-26                    (B)  a person licensed by another state in a
  16-27  health field in which, under Texas law, licensees in this state may
   17-1  legally prescribe dangerous drugs or a person practicing in another
   17-2  state and licensed by another state as a physician, dentist,
   17-3  veterinarian, or podiatrist, having a current Federal Drug
   17-4  Enforcement Administration registration number, and who may legally
   17-5  prescribe Schedule II, III, IV, or V controlled substances in such
   17-6  other state; or
   17-7                    (C)  a person licensed in the Dominion of Canada
   17-8  or the United Mexican States in a health field in which, under the
   17-9  laws of this state, a licensee may legally prescribe dangerous
  17-10  drugs.  "Practitioner" does not include a person licensed under
  17-11  this Act.
  17-12        SECTION 21.  CONFORMING AMENDMENT.  Section 481.002(39),
  17-13  Health and Safety Code, is amended to read as follows:
  17-14              (39)  "Practitioner" means:
  17-15                    (A)  a physician, dentist, veterinarian,
  17-16  podiatrist, or scientific investigator, a naturopathic physician to
  17-17  the extent permitted by rules adopted by the Texas Board of Health,
  17-18  or another <other> person licensed, registered, or otherwise
  17-19  permitted to distribute, dispense, analyze, conduct research with
  17-20  respect to, or administer a controlled substance in the course of
  17-21  professional practice or research in this state;
  17-22                    (B)  a pharmacy, hospital, or other institution
  17-23  licensed, registered, or otherwise permitted to distribute,
  17-24  dispense, conduct research with respect to, or administer a
  17-25  controlled substance in the course of professional practice or
  17-26  research in this state; or
  17-27                    (C)  a person practicing in and licensed by
   18-1  another state as a physician, dentist, veterinarian, or podiatrist,
   18-2  having a current Federal Drug Enforcement Administration
   18-3  registration number, who may legally prescribe Schedule II, III,
   18-4  IV, or V controlled substances in that state.
   18-5        SECTION 22.  CONFORMING AMENDMENT.  Section 483.001(12),
   18-6  Health and Safety Code, is amended to read as follows:
   18-7              (12)  "Practitioner" means a person licensed:
   18-8                    (A)  by the Texas State Board of Medical
   18-9  Examiners, State Board of Dental Examiners, Texas State Board of
  18-10  Podiatry Examiners, Texas Optometry Board, Texas Board of Health as
  18-11  a naturopathic physician to the extent permitted by rules adopted
  18-12  by the board, or State Board of Veterinary Medical Examiners to
  18-13  prescribe and administer dangerous drugs;
  18-14                    (B)  by another state in a health field in which,
  18-15  under the laws of this state, a licensee may legally prescribe
  18-16  dangerous drugs; or
  18-17                    (C)  in Canada or Mexico in a health field in
  18-18  which, under the laws of this state, a licensee may legally
  18-19  prescribe dangerous drugs.
  18-20        SECTION 23.  EFFECTIVE DATE.  This Act takes effect September
  18-21  1, 1995.
  18-22        SECTION 24.  EMERGENCY.  The importance of this legislation
  18-23  and the crowded condition of the calendars in both houses create an
  18-24  emergency and an imperative public necessity that the
  18-25  constitutional rule requiring bills to be read on three several
  18-26  days in each house be suspended, and this rule is hereby suspended.