SRC-CDH C.S.S.B. 257 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 257
By: Luna
Health & Human Services
4-25-97
Committee Report (Substituted)


DIGEST 

Currently, naturopathic medicine is not regarded as a distinct health care
profession, and is neither licensed nor regulated as such.  However, a
significant number of Texas citizens are turning to naturopathic medicine
for their health care needs.  During its reformation in past years, the
profession has developed an infrastructure that includes accredited
educational institutions, standards of practice and care, peer review,
credentialing, malpractice insurance, a national independent physicians
association, and scientific research.  This legislation recognizes
naturopathic medicine as a medical profession and provides standards for
its licensing and regulation while establishing penalties for violations
in order to better protect the public health, safety, and welfare.   

PURPOSE

As proposed, C.S.S.B. 257 establishes the regulation and licensing of the
practice of naturopathic medicine, provides a means of identifying
qualified naturopathic physicians, and provides penalties for violations.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTIONS
4(a) and (c), 8(f), 9(a), 10, 11(c) and (d), 14(a), 15, 17(c), and 18(a)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.    PURPOSE.  Sets forth the findings of the legislature
regarding naturopathic medicine and the purpose of this Act.  

SECTION 2.    DEFINITIONS.  Defines "advisory committee," "approved
naturopathic college," "board," "department," "diagnose," "minor office
procedure," "natural antibiotics," "natural medicines," "naturopathic
medicine," "naturopathic childbirth," "naturopathic mobilization therapy,"
"naturopathic physician," "naturopathic physical medicine," "practice of
naturopathy," and "topical preparations."   

SECTION 3.    AUTHORIZED ACTIVITIES.  Sets forth the preparations,
therapies, and evaluation methods a person licensed as a naturopathic
physician is authorized to use under this Act.  
SECTION 4.    POWERS AND DUTIES OF BOARD AND DEPARTMENT.   Provides that
the Texas Board of Health (board), with the advice of the Naturopathic
Physicians Advisory Committee (advisory committee), is required to adopt
rules consistent with this Act, and is authorized to adopt rules
authorizing the use by naturopathic physicians of other evaluative
procedures and other natural substances, treatments, procedures, and
therapies, provided they meet certain requirements.  Requires the Texas
Department of Health (department) to administer and investigate violations
of this Act, prepare and administer examinations, and perform other duties
authorized by this Act.  Provides that Chapter 2001, Government Code,
applies to this Act.  

SECTION 5.    EXCEPTIONS.  Sets forth those persons and conditions to
which this Act does not apply.    

SECTION 6.    PROHIBITED ACTS.  Prohibits a naturopathic physician from
prescribing,  dispensing, or administering any legend drugs or controlled
substances or performing surgical or Xray procedures, except as authorized
by this Act or board rule; practicing emergency care except as a samaritan
in the case of emergency or for the care of minor injuries; or claiming to
practice allopathic medicine, surgery, or certain other methods of
treatment not authorized by this Act or board rule.   

SECTION 7.    DUTIES AND RESPONSIBILITIES.  Establishes that a
naturopathic physician has the same responsibility as any other licensed
health care provider regarding certain issues, except that the physician's
authority is limited to the scope of practice authorized by this Act or
board rule.   

SECTION 8.    LICENSE QUALIFICATIONS.  Sets forth the conditions by which
a person is qualified to be licensed as a naturopathic physician, both
with and without examination.  Establishes the terms under which a person
licensed without taking the examination is authorized to use the title
"naturopathic physician" and other relevant titles, and practice
naturopathy.  Authorizes the board to adopt rules providing for
limitations on the practice of a person licensed without taking the
examination, but prohibits the board from requiring such a person to be
identified as a person whose practice is limited.   

SECTION 9.    EXAMINATION.  Authorizes the board to prescribe a nationally
developed standard examination as part or all of the examination
prescribed or endorsed by the board.  Requires the board, by rule, to
determine the passing criteria for the examination, and authorizes the
board to adopt other rules necessary to the administration of the
examination.  Sets forth the terms by which the board is required to set
certain other fees.   

SECTION 10.   LICENSE FEES.  Requires the board, by rule, to adopt an
initial licensing fee and annual renewal fees in amounts necessary to
cover the costs of administering this Act. 

SECTION 11.   LICENSE RENEWAL.  Sets forth the conditions by which a
license to practice as a naturopathic physician is required to be renewed.
Requires the board to adopt rules as to what constitutes an approved
program of continuing education and the manner in which attendance is
monitored, recorded, and submitted to the department.  Authorizes the
board to adopt other rules necessary to the administration of license
renewals.   

SECTION 12.   CONTINUING EDUCATION.  Establishes the conditions by which
naturopathic physicians are required to complete continuing education
hours, including continuing education requirements for the regular renewal
of the license. 

SECTION 13.   INACTIVE STATUS; RETIRED STATUS.  Sets forth the terms by
which a license holder is required to place the person's license on
inactive status, activate a license, and place a license on retired
status.  Prohibits a license holder whose license is on inactive or
retired status from practicing naturopathic medicine. 

SECTION 14.   SPECIALTY PRACTICE.  Sets forth the terms by which a
naturopathic physician is prohibited from practicing naturopathic
childbirth without obtaining a certificate of specialty practice in
naturopathic childbirth, and establishes the method for becoming
certified.  Requires the board to adopt rules to certify naturopathic
physicians for specialty practice, and authorizes the advisory committee
to prescribe a national standardized examination in obstetrics or natural
childbirth as constituting the specialty examination.   

SECTION 15.  USE OF X-RAY.  Sets forth the terms by which a naturopathic
physician is authorized to use an X-ray, and by which the board is
required to adopt rules for the issuance of a certification to use X-rays.

SECTION 16.   USE OF TITLES; PENALTY; INJUNCTION.  Establishes the titles
and terms which a naturopathic physician is authorized to use.  Provides
that a person commits a third degree felony if the person holds the person
out as a naturopathic physician, suggests that the person practices
naturopathic medicine, or uses the terms and abbreviation that apply to a
naturopathic physician without holding a license or while on retired or
inactive status.  Establishes that a person who violates this section may
be enjoined by the district court on petition by the board. 
 
SECTION 17. COMPLAINT PROCEDURE IN GENERAL.  Requires the department to
keep an information file about each complaint filed with the department
which contains certain records.  Sets forth the complaint procedure.
Requires the board, by rule, to adopt a form to standardize information
concerning complaints made; and to prescribe information to be provided to
a person when the person files a complaint.     

SECTION 18. COMPLAINT INVESTIGATION AND DISPOSITION.  Requires the board
to adopt rules concerning the investigation of a complaint filed with the
department which establish certain requirements.  Requires the department
to dispose of all complaints in a timely manner.   

SECTION 19.   DISCIPLINE OF LICENSE HOLDER.  Authorizes a license to
practice naturopathy to be denied or, after notice and hearing, suspended,
probated, or revoked in certain circumstances. Sets forth the terms by
which a person whose application for a license is denied or whose license
is suspended or revoked is entitled to a hearing. 

SECTION 20.   NATUROPATHIC PHYSICIANS ADVISORY COMMITTEE.  Sets forth the
terms by which the Naturopathic Physicians Advisory Committee is created
as an advisory committee to the board, including member qualifications and
term appointment.  Establishes the conditions under which the advisory
committee is authorized to adopt rules for the conduct of its activities;
required to elect a presiding officer; required to meet at certain times;
prohibited from receiving compensation; and required to recommend rules to
implement standards for the consideration of the board and examinations
for the approval of the department.  Authorizes a naturopathic physician
member of the advisory committee to be licensed as a member of another
health profession regulated or licensed by the state.   

SECTION 21.   CONFORMING AMENDMENT.  Amends Section 3.06(b), Article
4495b, V.T.C.S. (Medical Practice Act), to provide that this Act does not
apply to a licensed naturopathic physician who confines the physician's
practice strictly to naturopathy as defined by law.  Makes a conforming
change. 

SECTION 22.   CONFORMING AMENDMENT.  Amends Section 3(a), Article 4512g,
V.T.C.S. (Licensed Professional Counselor Act), to provide that, except as
provided by Subsection (b), this Act does not apply to the activities and
service of licensed, rather than certified, social workers. Makes a
conforming change. 

SECTION 23.   CONFORMING AMENDMENT.  Amends Section 5(39), Article
4542a-l, V.T.C.S. (Texas Pharmacy Act), to redefine "practitioner."  Makes
a conforming change. 

SECTION 24.   CONFORMING AMENDMENT.  Amends Section 481.002(39), Health
and Safety Code, to make a conforming change. 

SECTION 25.   CONFORMING AMENDMENT.  Amends Section 483.001(12), Health
and Safety Code, to make a conforming change. 

SECTION 26.   INITIAL APPOINTMENTS TO ADVISORY COMMITTEE.  Sets forth the
terms by which the board is required to appoint the initial three
naturopathic physician members of the Naturopathic Physicians Advisory
Committee.   

SECTION 27.   Effective date:  September 1, 1997.

SECTION 28.   Emergency clause.   


SUMMARY OF COMMITTEE CHANGES

SECTION 2.

Defines "advisory committee" and redefines "approved naturopathic college"
and "naturopathic mobilization therapy." 
 SECTION 3.

Authorizes a person licensed as a naturopathic physician to use
therapeutic ultrasound, rather than ultrasound, for evaluation purposes.   

SECTION 8.

Grants licensing authority to the advisory committee rather than the board
in certain instances. 

SECTION 12.

Provides that the total number of required continuing education hours for
all naturopathic physicians is not less than 15 approved hours annually,
rather than 30 hours biennially. 

SECTION 14.

Authorizes the advisory committee, rather than the board, to prescribe a
national standardized examination.   

SECTION 16.

Amends the list of terms which a naturopathic physician has the right to
use.  Provides that a person who impersonates a naturopathic physician
commits a third degree felony, rather than a Class B misdemeanor.   

SECTION 17.

Sets forth the procedure for filing complaints with the department.  

SECTION 18.  

Establishes the method for investigating and disposing of complaints.  

SECTION 19.  

Amends the method for disciplining a license holder who is guilty of
certain violations.   

SECTION 20.

Authorizes, rather than prohibiting, a naturopathic physician member of
the advisory committee to be licensed as a member of another health
profession.    

SECTION 22.

Provides that this Act does not apply to the activities and services of
licensed, rather than certified, social workers.