75R13236 PB-D                           

         By Serna                                              H.B. No. 1390

         Substitute the following for H.B. No. 1390:

         By Berlanga                                       C.S.H.B. No. 1390

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of homeopathic and integrated medicine.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 3.06(a), Medical Practice Act (Article

 1-5     4495b, Vernon's Texas Civil Statutes), is amended to read as

 1-6     follows:

 1-7           (a)  Nothing in this Act shall be construed so as to

 1-8     discriminate against a school or system of medical practice,

 1-9     prevent the use of any vitamin, mineral, food supplement, or any

1-10     choice of therapy that is legally available to the public, or to

1-11     affect or limit in any way the application or use of the

1-12     principles, tenets, or teachings of any church in the ministration

1-13     to the sick or suffering by prayer or pastoral counseling without

1-14     the use of any drug or material substance represented as being

1-15     medically effective.

1-16           SECTION 2.  Subchapter C, Medical Practice Act (Article

1-17     4495b, Vernon's Texas Civil Statutes), is amended by adding Section

1-18     3.082 to read as follows:

1-19           Sec. 3.082.  DISCIPLINARY ACTION BASED ON USE OF CERTAIN

1-20     TYPES OF PRACTICE PROHIBITED.  (a)  In this section:

1-21                 (1)  "Chelation therapy" means medical therapy used to

1-22     restore cellular homeostasis through the use of intravenous,

1-23     metal-binding, and  bioinorganic agents.

1-24                 (2)  "Environmental medicine" means the medical

 2-1     specialty that deals with the adverse health effects of

 2-2     environmental toxins and food sensitivities.

 2-3                 (3)  "Herbal medicine" includes plant-based natural

 2-4     remedies, including remedies that may have originated in ancient

 2-5     cultures and Native American, Ayurvedic, or Chinese traditions.

 2-6                 (4)  "Homeopathy" means a system of medicine employing

 2-7     substances of animal, vegetable, or mineral origin that are given

 2-8     in micro dosages and prepared according to homeopathic pharmacology

 2-9     in accordance with the principle that a substance that produces

2-10     symptoms in a healthy person can, in micro dosages, cure those

2-11     symptoms in an ill person.

2-12                 (5)  "Integrated medicine" means the use, in

2-13     combination, of allopathic, homeopathic, or other systems, schools,

2-14     and methods of treatment to treat any illness or condition.  The

2-15     practices of integrated medicine include homeopathy, orthomolecular

2-16     therapy, environmental medicine, herbal medicine, and chelation

2-17     therapy.

2-18                 (6)  "Orthomolecular therapy" means therapy to provide

2-19     the optimum concentration of substances normally present in the

2-20     human body, including vitamins, minerals, amino acids, and enzymes.

2-21           (b)  A physician may not be subject to disciplinary action

2-22     under this Act solely for the use of a therapy, including chelation

2-23     therapy, environmental medicine, herbal medicine, homeopathy,

2-24     integrated medicine, or orthomolecular therapy, that contains a

2-25     procedure, practice, or treatment that has proven medical value.

2-26           SECTION 3.  Sections 431.002(14) and (26), Health and Safety

2-27     Code, are amended to read as follows:

 3-1                 (14)  "Drug" means articles recognized in the official

 3-2     compendium [United States Pharmacopoeia National Formulary,] or any

 3-3     supplement to it, articles designed or intended for use in the

 3-4     diagnosis, cure, mitigation, treatment, or prevention of disease in

 3-5     man or other animals, articles, other than food, intended to affect

 3-6     the structure or any function of the body of man or other animals,

 3-7     and articles intended for use as a component of any article

 3-8     specified in this subdivision.  The term does not include devices

 3-9     or their components, parts, or accessories or dietary supplements

3-10     as defined in the federal Act.  A food for which a claim is made in

3-11     accordance with Section 403(r) of the federal Act, and for which

3-12     the claim is approved by the secretary, is not a drug solely

3-13     because the label or labeling contains such a claim.

3-14                 (26)  "Official compendium" means the official United

3-15     States Pharmacopoeia, the official Homeopathic Pharmacopoeia, the

3-16     National Formulary, or any supplement to one of these documents

3-17     [it].

3-18           SECTION 4.  This Act takes effect September 1, 1997.

3-19           SECTION 5.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     days in each house be suspended, and this rule is hereby suspended.