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.