BG C.S.H.B. 1390 75(R)    BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 1390
By: Serna
4-25-97
Committee Report (Substituted)


BACKGROUND 

Homeopathy is a centuries-old school of medicine, which is practiced
widely in Europe and is legally recognized in Arizona. In Texas, a
separate homeopathy board was established in 1901. In 1907, however, it
was merged into other healing arts practitioners licensing boards.
Homeopathic appointments to the State Board of Medical Examiners were
legislatively abolished in 1967. 

PURPOSE

This bill authorizes the regulation and practice of homeopathic and
integrated medicine in Texas. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.06 (a) of the Medical Practice Act (Article
4495b, Vernon's Texas Civil Statues) by adding language to clarify that
the use of vitamin, mineral, food supplement, or any choice of therapy
that is legally available to the public is not prevented. 

SECTION 2.  Amends Subchapter C, Medical Practice Act (Article 4495bm
Vernon's Texas Civil Statutes) by adding Section 3.082 as follows: 

Sec. 3.082. DISCIPLINARY ACTION BASED ON USE OF CERTAIN TYPES OF PRACTICE
PROHIBITED.  

Subsection (a) defines "chelation therapy," "environmental medicine,"
"herbal medicine," "homeopathy," "integrated medicine," and
"orthomolecular therapy" as specified. 

Subsection (b) prohibits a physician from being subject to disciplinary
action under this Act solely for a therapy, as specified, that contains a
procedure, practice or treatment with proven medical value. 

SECTION 3.  Amends Sections 431.002, Health and Safety Code as follows:

Subdivision (14) replaces the term "United States Pharmacopoeia National
Formulary" with the word "compendium" and adds "or dietary supplements as
defined in the federal Act" to the list of items that are not included in
the term "drug" as used in this section. 

Subdivision (26) adds language to clarify that the official Homeopathic
Pharmacopoeia, the National Formulary, or any supplement to either one of
these documents is what is meant by the "official compendium."  

SECTION 4.  Establishes the effective date of this Act as September 1,
1997. 

SECTION 5.  EMERGENCY CLAUSE

 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1390 substantially changes the original bill by removing creation
of the Board of Homeopathic Medical Examiners and all the conformity
language that regulated the board. Some practices that were in HB 1390,
such as acupuncture and neuromuscular integration, are not specifically
addressed by the substitute bill; and the practices that are recognized in
CSHB 1390, such as environmental medicine and herbal medicine, are
prohibited from disciplinary repercussion as per this Act.