By Luna                                                S.B. No. 476
       74R4551 JMM-D
                                 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 anesthesia, 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 is incidentally called into this state for consultation
   5-27  with 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 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, before December 1, 1995, the person submits proof
    8-1  to the department that the person:
    8-2              (1)  attended a naturopathic college and received a
    8-3  doctorate degree in naturopathic medicine or naturopathy from the
    8-4  college before May 1, 1994, and the college is subsequently
    8-5  approved by the board;
    8-6              (2)  was in practice in this state before May 1, 1994,
    8-7  that included providing health care services using natural
    8-8  medicines or therapies to patients in this state on a regular and
    8-9  ongoing basis; and
   8-10              (3)  is of good moral character.
   8-11        (b)  The board may prescribe a nationally developed standard
   8-12  examination as part or all of the examination prescribed or
   8-13  endorsed under Section 8(a) of this Act.  The passing criteria for
   8-14  the examination shall be determined by board rule.  The board may
   8-15  adopt other rules necessary to the administration of the
   8-16  examination.
   8-17        (c)  The board shall set the fees for the examination,
   8-18  reexamination of the entire examination, and reexamination of
   8-19  separate components of the examination in amounts necessary to
   8-20  cover the actual cost of the examination and the expenses of
   8-21  administration.
   8-22        SECTION 10.  LICENSE FEES.  A license to practice
   8-23  naturopathic medicine issued on the basis of examination or issued
   8-24  without examination based on a license granted in another state, a
   8-25  territory of the United States, or the District of Columbia may be
   8-26  issued and renewed on payment of the initial licensing fee and
   8-27  biennial renewal fees as determined by the board.  The amounts of
    9-1  the fees may not be less than $100 or more than $500.
    9-2        SECTION 11.  LICENSE RENEWAL.  (a)  A license to practice
    9-3  naturopathic medicine must be renewed biennially.
    9-4        (b)  To renew a license, each naturopathic physician must
    9-5  submit to the department evidence of successful completion of the
    9-6  required hours of continuing education from programs approved by
    9-7  the board.
    9-8        (c)  The board shall adopt rules as to what constitutes an
    9-9  approved program of continuing education and the manner in which
   9-10  attendance at all approved courses, clinics, forums, lectures,
   9-11  programs, or seminars is monitored, recorded, and submitted to the
   9-12  department.
   9-13        (d)  The board may adopt other rules necessary to the
   9-14  administration of license renewals.
   9-15        SECTION 12.  CONTINUING EDUCATION.  (a)  The total number of
   9-16  required continuing education hours for all naturopathic physicians
   9-17  is not less than 30 approved hours biennially.  The number and type
   9-18  of required continuing education hours for a naturopathic physician
   9-19  certified in naturopathic obstetrics is not less than 15 approved
   9-20  specialty hours in obstetrics or natural childbirth and not less
   9-21  than 20 approved hours biennially for a total of not less than 35
   9-22  approved hours biennially.
   9-23        (b)  A person who seeks to renew a license that expired
   9-24  within the preceding year must comply with the continuing education
   9-25  requirements for the regular renewal of the license.  A person
   9-26  seeking to renew a license that has been expired for more than one
   9-27  year must present evidence of completion of not less than one-half
   10-1  of the required hours of approved continuing education requirements
   10-2  during the year preceding the date of the application for renewal.
   10-3        SECTION 13.  INACTIVE STATUS; RETIRED STATUS.  (a)  A license
   10-4  holder seeking to place the person's license on inactive status
   10-5  must notify the department at the time of renewal and pay a fee for
   10-6  inactive status.
   10-7        (b)  The amount of the fee shall be set by the board except
   10-8  the amount may not be less than $30 or more than $100.
   10-9        (c)  To activate a license on inactive status, the license
  10-10  holder must pay the regular renewal fee and present evidence of
  10-11  having completed not less than one-half of the required hours of
  10-12  approved continuing education requirements during the year
  10-13  preceding the date of the application for activation.
  10-14        (d)  A license holder seeking to place a license on retired
  10-15  status must notify the department at the time of renewal.  A
  10-16  license on retired status may not be reactivated.
  10-17        (e)  A license holder who holds a license that is on inactive
  10-18  or retired status may not practice naturopathic medicine.
  10-19        SECTION 14.  SPECIALTY PRACTICE.  (a)  A naturopathic
  10-20  physician may not practice naturopathic obstetrics or acupuncture
  10-21  without first obtaining a certificate of specialty practice.  The
  10-22  board shall adopt rules to certify naturopathic physicians for
  10-23  specialty practice.
  10-24        (b)  To be certified in naturopathic obstetrics, a
  10-25  naturopathic physician must:
  10-26              (1)  pass a specialty examination in obstetrics or
  10-27  natural childbirth approved by the board;
   11-1              (2)  have completed at least 100 hours of course work,
   11-2  internship, or preceptorship in obstetrics or natural childbirth
   11-3  approved by the board; and
   11-4              (3)  have participated in at least 40 supervised
   11-5  births, including prenatal and postnatal care, under the direct
   11-6  supervision of a  licensed naturopathic, medical, or osteopathic
   11-7  physician with specialty training in obstetrics or natural
   11-8  childbirth.
   11-9        (c)  The board may prescribe a national standardized
  11-10  examination in obstetrics or natural childbirth as constituting the
  11-11  specialty examination.
  11-12        (d)  To be certified in acupuncture, a naturopathic physician
  11-13  must complete a program in acupuncture approved by the board that
  11-14  includes not less than 500 hours of training in acupuncture,
  11-15  including both didactic and clinical training, and pass a specialty
  11-16  examination in acupuncture approved by the board.  The board may
  11-17  prescribe a national standardized examination in acupuncture as
  11-18  constituting the specialty examination.
  11-19        SECTION 15.  USE OF TITLES; PENALTY; INJUNCTION.  (a)  A
  11-20  naturopathic physician may use the title "naturopathic physician"
  11-21  and the recognized abbreviation for the professional degree of
  11-22  "N.D."  A naturopathic physician has the exclusive right to use the
  11-23  terms "naturopathic physician," "naturopath," "doctor of
  11-24  naturopathic medicine," "doctor of naturopathy," "naturopathic
  11-25  medicine," "naturopathic health care," "naturopathy," and "N.D."
  11-26        (b)  A person commits an offense if the person holds the
  11-27  person out as a naturopathic physician or naturopath, suggests that
   12-1  the person practices naturopathic medicine or naturopathy, or uses
   12-2  the terms and abbreviation described by Subsection (a) of this
   12-3  section without holding a license or while the person is on retired
   12-4  or inactive status under this Act.
   12-5        (c)  An offense under Subsection (b) of this section is a
   12-6  Class B misdemeanor.
   12-7        (d)  A person who violates this section may be enjoined by
   12-8  the district court on petition by the board.
   12-9        SECTION 16.  DISCIPLINARY ACTIONS.  A person licensed under
  12-10  this Act who engages in the practice of naturopathic medicine in
  12-11  violation of this Act or a rule adopted under this Act is subject
  12-12  to disciplinary measures and may be subject to a refusal to renew
  12-13  the person's license, the imposition of a limitation on the
  12-14  person's license, or the revocation or suspension of the license.
  12-15        SECTION 17.  CONFORMING AMENDMENT.  Section 3.06(b), Medical
  12-16  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), is
  12-17  amended to read as follows:
  12-18        (b)  This Act does not apply to:
  12-19              (1)  dentists, duly qualified and registered under the
  12-20  laws of this state who confine their practice strictly to
  12-21  dentistry;
  12-22              (2)  duly licensed optometrists who confine their
  12-23  practice strictly to optometry as defined by law;
  12-24              (3)  duly licensed chiropractors who confine their
  12-25  practice strictly to chiropractic as defined by law;
  12-26              (4)  registered or professional nurses and licensed
  12-27  vocational nurses registered or licensed under the laws of this
   13-1  state who confine their practice strictly within the provisions of
   13-2  such applicable licensing Acts and the laws of this state;
   13-3              (5)  duly licensed podiatrists who confine their
   13-4  practice strictly to podiatry as defined by law;
   13-5              (6)  duly licensed or certified psychologists who
   13-6  confine their activities or practice strictly to psychology as
   13-7  defined by law;
   13-8              (7)  duly licensed physical therapists who confine
   13-9  their activities or practice strictly to physical therapy and who
  13-10  are not in violation of any law relating to physical therapy
  13-11  practice;
  13-12              (8)  commissioned or contract surgeons of the uniformed
  13-13  services of the United States or in the Public Health Service in
  13-14  the performance of their duties and not engaged in private
  13-15  practice;
  13-16              (9)  any person furnishing medical assistance in case
  13-17  of an emergency or disaster situation if no charge is made for the
  13-18  medical assistance;
  13-19              (10)  a student in training in a medical school
  13-20  approved by the board while performing the duties assigned in the
  13-21  course of training, providing the duties are performed under the
  13-22  supervision of a licensed practitioner, except that medical
  13-23  residents, interns, and fellows shall be required to register and
  13-24  be subject to the other applicable provisions of this Act;
  13-25              (11)  legally qualified physicians of other states
  13-26  called in consultation but who have no office in Texas and who
  13-27  appoint no place in this state for seeing, examining, or treating
   14-1  patients; <or>
   14-2              (12)  licensed naturopathic physicians who confine
   14-3  their practice strictly to naturopathic medicine as defined by law;
   14-4  or
   14-5              (13)  any other activities that the board may designate
   14-6  as exempt from the application of this Act.
   14-7        SECTION 18.  CONFORMING AMENDMENT.  Section 6.06, Medical
   14-8  Practices Act (Article 4495b, Vernon's Texas Civil Statutes), is
   14-9  amended to read as follows:
  14-10        Sec. 6.06.  LICENSE REQUIRED; EXCEPTION.  (a)  Except as
  14-11  provided by Subsection (b) of this section, a <A> person may not
  14-12  practice acupuncture in this state unless the person holds a
  14-13  license to practice acupuncture issued by the medical board under
  14-14  this subchapter.
  14-15        (b)  A person licensed to practice naturopathic medicine may
  14-16  engage in the practice of acupuncture without a license under this
  14-17  subchapter.
  14-18        SECTION 19.  CONFORMING AMENDMENT.  Section 3(a), Licensed
  14-19  Professional Counselor Act (Article 4512g, Vernon's Texas Civil
  14-20  Statutes), is amended to read as follows:
  14-21        (a)  Except as provided by Subsection (b) of this section,
  14-22  this Act does not apply to:
  14-23              (1)  the activities and services of or use of an
  14-24  official title by a person employed as a counselor by a federal,
  14-25  state, county, or municipal agency or public or private educational
  14-26  institution, if the person is performing counseling or
  14-27  counseling-related activities within the scope of his employment;
   15-1              (2)  the activities and services of a student, intern,
   15-2  or trainee in counseling pursuing a course of study in counseling
   15-3  in a regionally accredited institution of higher education or
   15-4  training institution, if these activities and services constitute a
   15-5  part of the supervised course of study and the person is designated
   15-6  a "counselor intern";
   15-7              (3)  the activities and services of a nonresident
   15-8  rendered not more than 30 days during any year, if the person is
   15-9  authorized to perform the activities and services under the law of
  15-10  the state or country of his residence;
  15-11              (4)  the activities and services of members of other
  15-12  professions licensed or certified by the state, such as physicians,
  15-13  registered nurses, psychologists, certified social workers,
  15-14  licensed marriage and family therapists, licensed chemical
  15-15  dependency counselors, licensed naturopathic physicians, licensed
  15-16  optometrists in the evaluation and remediation of learning or
  15-17  behavioral disabilities associated with or caused by a defective or
  15-18  abnormal condition of vision, Christian Science practitioners who
  15-19  are recognized by the Church of Christ Scientist as registered and
  15-20  published in the Christian Science Journal, or other recognized
  15-21  religious practitioners performing counseling consistent with the
  15-22  law of the state, their training, and any code of ethics of their
  15-23  professions, if they do not represent themselves by any title or
  15-24  description in the manner prescribed by Section 2 of this Act;
  15-25              (5)  the activities, services, titles, and descriptions
  15-26  of persons licensed to practice law;
  15-27              (6)  the activities, services, titles, and descriptions
   16-1  of persons employed as professionals or who are volunteers in the
   16-2  practice of counseling for public and private nonprofit
   16-3  organizations or charities who are accountable to the persons'
   16-4  sponsoring organization and do not use the title or hold themselves
   16-5  out to be licensed counselors;
   16-6              (7)  persons supervised by a physician and recognized
   16-7  as physician assistants by the Texas State Board of Medical
   16-8  Examiners, if the persons act strictly within their scope of
   16-9  practice and do not use the titles covered by Section 15(b)(3) of
  16-10  this Act; or
  16-11              (8)  persons owning, operating, or employed by a
  16-12  certified career counseling service regulated under Chapter 222,
  16-13  Acts of the 70th Legislature, Regular Session, 1987 (Article
  16-14  5221a-8, Vernon's Texas Civil Statutes).
  16-15        SECTION 20.  EFFECTIVE DATE.  This Act takes effect September
  16-16  1, 1995.
  16-17        SECTION 21.  EMERGENCY.  The importance of this legislation
  16-18  and the crowded condition of the calendars in both houses create an
  16-19  emergency and an imperative public necessity that the
  16-20  constitutional rule requiring bills to be read on three several
  16-21  days in each house be suspended, and this rule is hereby suspended.