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.