By Serna H.B. No. 1390
75R5526 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of homeopathic medicine; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. GENERAL PROVISIONS
1-6 SECTION 1.01. DEFINITIONS. In this Act:
1-7 (1) "Acupuncture" means a medical therapy in which
1-8 ailments are diagnosed and treated by the specific application of
1-9 needles, heat, or physical and electromagnetic impulses or currents
1-10 to specific anatomic points on the body.
1-11 (2) "Board" means the Board of Homeopathic Medical
1-12 Examiners.
1-13 (3) "Chelation therapy" means medical therapy to
1-14 restore cellular homeostasis through the use of intravenous,
1-15 metal-binding, and bioinorganic agents, including
1-16 ethylenediaminetetraacetic acid. Except for its use in the
1-17 treatment of heavy metal poisoning, chelation therapy is an
1-18 experimental form of treatment.
1-19 (4) "Homeopathy" means a system of medicine employing
1-20 substances of animal, vegetable, or mineral origin that are given
1-21 in microdosages and prepared according to homeopathic pharmacology,
1-22 in accordance with the principle that a substance that produces
1-23 symptoms in a healthy person can cure those symptoms in an ill
1-24 person. The practice of homeopathy includes acupuncture,
2-1 neuromuscular integration, orthomolecular therapy, nutrition,
2-2 chelation therapy, pharmaceutical medicine, and minor surgery.
2-3 (5) "Medical assistant" means an unlicensed person who
2-4 has completed an educational program approved by the board, who
2-5 assists in a homeopathic practice under the supervision of a doctor
2-6 of homeopathy, and who performs delegated procedures commensurate
2-7 with the assistant's education and training, but who does not
2-8 diagnose, interpret, design, or modify established treatment
2-9 programs.
2-10 (6) "Neuromuscular integration" means musculoskeletal
2-11 therapy to improve physiological function by normalizing body
2-12 structure.
2-13 (7) "Orthomolecular therapy" means therapy to provide
2-14 the optimum concentration of substances normally present in the
2-15 human body, including vitamins, minerals, amino acids, and enzymes.
2-16 ARTICLE 2. BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
2-17 SECTION 2.01. BOARD; TERMS. (a) The Board of Homeopathic
2-18 Medical Examiners consists of six members appointed by the
2-19 governor.
2-20 (b) Members of the board serve staggered six-year terms,
2-21 with the terms of two members expiring on February 1 of each
2-22 odd-numbered year.
2-23 (c) The board consists of two public members and four
2-24 homeopathic physicians licensed under this Act to practice
2-25 homeopathic medicine.
2-26 (d) Board members may be removed by the governor under
2-27 Section 9, Article XV, Texas Constitution.
3-1 SECTION 2.02. MEETINGS; ORGANIZATION; COMPENSATION. (a)
3-2 The board shall hold an annual meeting during January each year and
3-3 may hold other meetings at times and places determined by a
3-4 majority of the board on 10 days' written notice to each member.
3-5 (b) A majority vote of a quorum present at any meeting
3-6 governs all actions taken, except that a license may be issued
3-7 under this Act only on the vote of a majority of the full board.
3-8 (c) At each annual meeting, the board shall select from
3-9 among its members a president and vice president, who shall serve
3-10 until their successors are chosen.
3-11 (d) A board member is not entitled to compensation but may
3-12 be reimbursed for expenses incurred for service on the board as
3-13 provided by the General Appropriations Act.
3-14 SECTION 2.03. BOARD POWERS AND DUTIES. The board shall:
3-15 (1) administer and enforce this Act;
3-16 (2) conduct examinations for licenses under this Act;
3-17 (3) issue licenses;
3-18 (4) conduct hearings;
3-19 (5) place homeopathic physicians on probation or
3-20 revoke or suspend licenses;
3-21 (6) maintain a roster of all homeopathic physicians
3-22 licensed under this Act;
3-23 (7) adopt a seal for the use of the board;
3-24 (8) contract with the Texas Department of Health for
3-25 administrative and recordkeeping services;
3-26 (9) adopt fees that do not exceed the amount the board
3-27 determines to be necessary to carry out its duties;
4-1 (10) adopt rules regarding the regulation and the
4-2 qualifications of medical assistants;
4-3 (11) adopt rules necessary for the administration of
4-4 this Act;
4-5 (12) accredit educational institutions in this state
4-6 that grant the degree of doctor of medicine in homeopathy;
4-7 (13) hire permanent or temporary personnel to carry
4-8 out the purposes of this Act;
4-9 (14) hire or contract with investigators to assist in
4-10 the investigation of violations of this Act; and
4-11 (15) contract with other state agencies if required to
4-12 carry out this Act.
4-13 SECTION 2.04. SECRETARY-TREASURER. (a) The board shall
4-14 elect a secretary-treasurer from among its members, who serves at
4-15 the pleasure of the board.
4-16 (b) The secretary-treasurer shall:
4-17 (1) collect all money paid to the board;
4-18 (2) pay to the comptroller money received by the
4-19 board;
4-20 (3) prepare bills for authorized expenditures of the
4-21 board and obtain warrants from the comptroller for payment of bills
4-22 certified by the president or vice president and
4-23 secretary-treasurer of the board;
4-24 (4) act as custodian of the seal, books, records,
4-25 minutes, and proceedings; and
4-26 (5) perform duties prescribed elsewhere in this Act.
4-27 SECTION 2.05. FUND. The board of homeopathic medical
5-1 examiners' fund is established. All money collected under this Act
5-2 shall be deposited in the fund.
5-3 SECTION 2.06. ROSTER. The board shall maintain a roster of
5-4 homeopathic physicians that includes:
5-5 (1) the name of the licensed physician;
5-6 (2) the current professional office address of the
5-7 physician;
5-8 (3) the physician's license number and date the
5-9 license was issued; and
5-10 (4) a statement of whether the license holder is in
5-11 good standing.
5-12 ARTICLE 3. LICENSING REQUIREMENTS
5-13 SECTION 3.01. PRACTICE WITHOUT LICENSE PROHIBITED. A person
5-14 may not practice medicine as a homeopathic physician without
5-15 holding a license issued by the board under this Act.
5-16 SECTION 3.02. PERSONS AND ACTS NOT AFFECTED. This Act does
5-17 not apply to:
5-18 (1) the practice of any other method, system, or
5-19 science of healing by a person licensed under the laws of this
5-20 state; or
5-21 (2) the practice of a homeopathic physician
5-22 discharging a duty while a member of the armed forces of the United
5-23 States or while affiliated with an agency of the federal
5-24 government.
5-25 SECTION 3.03. QUALIFICATIONS AND APPLICATION. (a) A
5-26 license to practice medicine as a homeopathic physician may be
5-27 granted only to an applicant who:
6-1 (1) is a person of good moral character who holds a
6-2 doctor of medicine degree from a college or university approved by
6-3 the board and licensed under the Medical Practice Act (Article
6-4 4495b, Vernon's Texas Civil Statutes), or who holds a current
6-5 unsuspended and unrevoked license to practice medicine issued by
6-6 another state or the District of Columbia;
6-7 (2) has a professional record that indicates that the
6-8 applicant has not had a license to practice medicine refused,
6-9 revoked, suspended, or restricted in any way by any state,
6-10 territory, district, or country for reasons that relate to the
6-11 applicant's ability to competently and safely practice medicine;
6-12 (3) has a professional record that indicates that the
6-13 applicant has not committed an act or engaged in conduct that would
6-14 constitute grounds for disciplinary action against a license holder
6-15 under this Act; and
6-16 (4) has the physical and mental capacity to safely
6-17 engage in the practice of medicine.
6-18 (b) An applicant shall submit to the board, at least 30 days
6-19 before the date of the meeting at which the application is to be
6-20 considered:
6-21 (1) affidavits that are from three physicians licensed
6-22 to practice medicine in any state or the District of Columbia who
6-23 are in active practice and who attest to the good moral character
6-24 of the applicant and the fitness of the applicant to practice
6-25 medicine as a homeopathic physician and that include other
6-26 information considered necessary by the board;
6-27 (2) a diploma or certificate conferring the degree of
7-1 doctor of medicine in homeopathy issued by a homeopathic college or
7-2 other educational institution approved by the board or evidencing
7-3 the completion of a postgraduate course approved by the board;
7-4 (3) proof that the applicant has served an internship
7-5 or preceptorship approved by the board; and
7-6 (4) a verified application on a form furnished by the
7-7 board stating, in addition to any other information requested,
7-8 that the applicant is the person named in the diploma or
7-9 certificate and that the diploma was procured in a regular course
7-10 of instruction and examination without fraud or misrepresentation.
7-11 (c) An applicant must:
7-12 (1) successfully pass an examination as provided by
7-13 this Act, except that the board may waive the examination if the
7-14 applicant:
7-15 (A) has practiced primarily homeopathic medicine
7-16 for the past three years, has affidavits from three physicians
7-17 attesting to the applicant's competency for homeopathic practice,
7-18 and holds a valid medical degree from an educational institution
7-19 approved by the board; or
7-20 (B) holds a current unsuspended and unrevoked
7-21 license to practice homeopathic medicine issued by another state or
7-22 the District of Columbia and holds a valid medical degree from an
7-23 educational institution approved by the board;
7-24 (2) pay to the board at the time application is made
7-25 an application fee of $250 and an additional fee of $100 at the
7-26 time the license is issued; and
7-27 (3) submit to a personal interview at a reasonable
8-1 time and place prescribed by the board.
8-2 SECTION 3.04. EXAMINATION. (a) The board shall conduct an
8-3 examination for a license under this Act.
8-4 (b) The examination shall include all subjects that are
8-5 generally accepted as necessary for a thorough knowledge of the
8-6 practice of medicine as a homeopathic physician.
8-7 (c) The board shall adopt rules for conducting the
8-8 examination and set the passing grade.
8-9 (d) Examinations shall be conducted at least twice annually
8-10 at times and places designated by the board. Written notice of the
8-11 date and place of examination shall be mailed to all applicants at
8-12 least 30 days before the date of the examination.
8-13 (e) The board shall review the examination of any applicant
8-14 on the applicant's request. A grade on an examination reviewed by
8-15 the board may be changed only by the majority vote of the members
8-16 of the board.
8-17 (f) A person who fails to pass an examination may be
8-18 reexamined within one year without paying an additional fee.
8-19 (g) In a written examination, applicants shall be designated
8-20 by numbers only, and the corresponding names shall be kept secret
8-21 until after the grading of the examination.
8-22 SECTION 3.05. RECORDING AND DISPLAY OF LICENSE; DUPLICATE.
8-23 (a) A person holding a license to practice under this Act shall
8-24 record the person's license in the office of the county clerk of
8-25 each county in which the license holder maintains an office. The
8-26 county clerk shall record the license in a book kept for that
8-27 purpose.
9-1 (b) The board may issue a duplicate license to a person
9-2 holding a license under this Act on payment of a duplicate license
9-3 fee that does not exceed $50.
9-4 SECTION 3.06. RENEWAL. (a) A person holding a license
9-5 under this Act may renew the license on payment of a renewal fee
9-6 not to exceed $1,000 before the expiration date each year.
9-7 (b) Failure to renew an active license as required by this
9-8 section on or before the 30th day after the expiration date of the
9-9 license requires the payment of a penalty fee of $150 to renew the
9-10 license.
9-11 (c) Failure to renew an active license on or before the 90th
9-12 day after the expiration date of the license shall result in the
9-13 revocation of the license.
9-14 (d) At least 30 days before the expiration date of a
9-15 license, the secretary-treasurer of the board shall notify each
9-16 license holder of the renewal date.
9-17 (e) A person whose license has been revoked under Subsection
9-18 (c) of this section may reapply for a license to practice
9-19 homeopathy as provided in this Act.
9-20 ARTICLE 4. REGULATION
9-21 SECTION 4.01. FINDING ON CERTAIN PRACTICES. In the absence
9-22 of demonstrable harm to a patient, the board may not find a medical
9-23 procedure, practice, or treatment unacceptable solely because the
9-24 procedure, practice, or treatment is unconventional,
9-25 investigational, experimental, or eclectic.
9-26 SECTION 4.02. JURISDICTION ARBITRATION PANEL. (a) If the
9-27 board receives a complaint about a homeopathic physician who is
10-1 licensed under the Medical Practice Act (Article 4495b, Vernon's
10-2 Texas Civil Statutes), the board shall immediately notify the Texas
10-3 State Board of Medical Examiners.
10-4 (b) If the board and the Texas State Board of Medical
10-5 Examiners disagree on the resolution of a complaint and if both
10-6 claim jurisdiction over the license holder, an arbitration panel
10-7 shall decide jurisdiction. The panel shall consist of one member
10-8 from the board, one member from the Texas State Board of Medical
10-9 Examiners, one legal representative from the board, one legal
10-10 representative from the Texas State Board of Medical Examiners, and
10-11 one attorney licensed to practice law in this state selected by the
10-12 Supreme Court of Texas, who shall serve as chair.
10-13 (c) The chair shall fix a date, time, and place for meeting
10-14 before the 30th day after the date the action is referred to the
10-15 panel.
10-16 (d) The panel shall determine whether the board or the Texas
10-17 State Board of Medical Examiners shall investigate the complaint or
10-18 whether each should conduct an independent investigation and
10-19 hearing.
10-20 (e) The board or the Texas State Board of Medical Examiners,
10-21 whichever is chosen to conduct the investigation, shall transmit
10-22 all investigation materials, findings, and conclusions to the other
10-23 board, which shall review the information to determine whether the
10-24 other board should also take disciplinary action against the
10-25 physician.
10-26 (f) If the board and the Texas State Board of Medical
10-27 Examiners decide without resorting to arbitration which conducts
11-1 the investigation, the board that conducts the investigation shall
11-2 transmit all materials, findings, and conclusions to any other
11-3 licensing agency with which the physician is licensed.
11-4 SECTION 4.03. USE OF TITLE. (a) A person practicing under
11-5 this Act may designate the person as and use the titles
11-6 "homeopathic physician," "doctor of homeopathy," or "doctor of
11-7 medicine (homeopathic)."
11-8 (b) A person may not use the title "medical assistant" or a
11-9 related abbreviation unless the person is working as a medical
11-10 assistant under the supervision of a homeopathic physician.
11-11 SECTION 4.04. MEDICAL ASSISTANTS. Nothing in this Act may
11-12 be interpreted to prevent a medical assistant from assisting a
11-13 homeopathic physician under rules adopted by the board.
11-14 SECTION 4.05. UNPROFESSIONAL CONDUCT. Unprofessional
11-15 conduct by a physician licensed under this Act includes:
11-16 (1) performing or procuring a criminal abortion or
11-17 aiding or abetting in the performing or procuring of a criminal
11-18 abortion;
11-19 (2) wilfully betraying a professional secret or
11-20 violating a privileged communication except as otherwise required
11-21 by law;
11-22 (3) committing a felony, whether or not involving
11-23 moral turpitude, or a misdemeanor involving moral turpitude;
11-24 (4) exhibiting habitual intemperance in the use of
11-25 alcohol or a narcotic or hypnotic drug;
11-26 (5) prescribing a narcotic or hypnotic drug for other
11-27 than accepted therapeutic purposes;
12-1 (6) engaging in gross malpractice, repeated
12-2 malpractice, or any malpractice resulting in the death of a
12-3 patient;
12-4 (7) impersonating another physician;
12-5 (8) acting as a member of the board if the person is
12-6 not a board member;
12-7 (9) procuring or attempting to procure a license to
12-8 practice homeopathic medicine by fraud, by misrepresentation, or by
12-9 knowingly taking advantage of the mistake of another;
12-10 (10) having a professional connection with or lending
12-11 the person's name to an illegal practitioner of homeopathic
12-12 medicine or of any of the other healing arts;
12-13 (11) representing that a manifestly incurable disease,
12-14 injury, ailment, or infirmity can be permanently cured or that a
12-15 curable disease, injury, ailment, or infirmity can be cured within
12-16 a stated time, if that is not the fact;
12-17 (12) offering, undertaking, or agreeing to cure or
12-18 treat a disease, injury, ailment, or infirmity by a secret means,
12-19 method, device, or instrumentality;
12-20 (13) refusing to divulge to the board on demand the
12-21 means, method, device, or instrumentality used in the treatment of
12-22 a disease, injury, ailment, or infirmity;
12-23 (14) giving or receiving, or aiding or abetting the
12-24 giving or receiving, of a rebate, either directly or indirectly;
12-25 (15) knowingly making a false or fraudulent statement,
12-26 written or oral, in connection with the practice of homeopathic
12-27 medicine except as necessary for accepted therapeutic purposes;
13-1 (16) engaging in immorality or misconduct that tends
13-2 to discredit the profession;
13-3 (17) having a license refused, revoked, or suspended
13-4 by any other state, territory, district, or country, unless it can
13-5 be shown that the act was not related to the person's ability to
13-6 practice homeopathic medicine safely and skillfully or to an act of
13-7 unprofessional conduct as provided in this section;
13-8 (18) engaging in conduct or a practice contrary to the
13-9 recognized standards of ethics of the homeopathic medical
13-10 profession, in conduct or a practice that constitutes or might
13-11 constitute a danger to the health, welfare, or safety of a patient
13-12 or the public, or in conduct that impairs or might impair the
13-13 ability of the person to practice homeopathic medicine safely and
13-14 skillfully;
13-15 (19) failing or refusing to maintain records on a
13-16 patient or to make patient records promptly available to another
13-17 physician on the request and receipt of proper authorization;
13-18 (20) advertising in a false, deceptive, or misleading
13-19 manner;
13-20 (21) violating or attempting to violate, directly or
13-21 indirectly, or assisting in or abetting the violation of or
13-22 conspiring to violate a provision of this Act;
13-23 (22) using a controlled substance except if prescribed
13-24 by another physician for use during a prescribed course of
13-25 treatment;
13-26 (23) prescribing, dispensing, or administering
13-27 anabolic androgenic steroids for other than therapeutic purposes;
14-1 (24) prescribing or dispensing controlled substances
14-2 to a member of the homeopathic physician's own family;
14-3 (25) prescribing, dispensing, or administering
14-4 Schedule II controlled substances as defined by Section 481.033,
14-5 Health and Safety Code, including amphetamines and similar Schedule
14-6 II sympathomimetic drugs, in the treatment of exogenous obesity for
14-7 more than 30 days in any one year or contributing to the
14-8 nontherapeutic use of injectable amphetamines;
14-9 (26) using experimental forms of diagnosis and
14-10 treatment without adequate informed patient consent, without a
14-11 board-approved written disclosure that the form of diagnosis and
14-12 treatment to be used is experimental, and without conforming to
14-13 generally accepted experimental criteria, including protocols,
14-14 detailed records, periodic analysis of results, and periodic review
14-15 by a peer review committee;
14-16 (27) engaging in sexual intimacies with a patient in
14-17 the course of direct treatment;
14-18 (28) using the designation "M.D." or "D.O." in a way
14-19 that would lead the public to believe that a person is licensed by
14-20 the Texas State Board of Medical Examiners if the person is not
14-21 licensed by the Texas State Board of Medical Examiners;
14-22 (29) falsely or fraudulently representing or holding
14-23 the person out as being a homeopathic medical specialist; and
14-24 (30) failing to dispense drugs and devices in
14-25 compliance with the provisions of this Act.
14-26 SECTION 4.06. COMPLAINTS. (a) The board on its own motion
14-27 may investigate any information that appears to show that a
15-1 homeopathic physician is or may be guilty of unprofessional conduct
15-2 or is or may be mentally or physically unable to engage safely in
15-3 the practice of medicine.
15-4 (b) A homeopathic physician, a health care institution, or
15-5 any other person may report to the board any information that
15-6 appears to show that a homeopathic physician is or may be guilty of
15-7 unprofessional conduct or is or may be mentally or physically
15-8 unable to engage safely in the practice of medicine.
15-9 (c) The board shall notify the homeopathic physician about
15-10 whom information is received as to the content of the information
15-11 not later than the 120th day after the date of receipt of the
15-12 information.
15-13 (d) A person who reports or provides information to the
15-14 board in good faith is not subject to an action for civil damages
15-15 as a result of providing the information, and the person's name may
15-16 not be disclosed unless the person's testimony is essential to the
15-17 disciplinary proceedings conducted under this section.
15-18 (e) The failure to report as required by this section by a
15-19 homeopathic physician is an act of unprofessional conduct.
15-20 SECTION 4.07. DUTY OF HEALTH CARE INSTITUTION. (a) A
15-21 health care institution that fails to report as required by this
15-22 section shall be reported by the board to the institution's
15-23 licensing agency.
15-24 (b) A health care institution shall inform the board if the
15-25 privilege of a homeopathic physician to practice in the health care
15-26 institution is denied, revoked, suspended, or limited because of
15-27 actions by the homeopathic physician that jeopardize patient health
16-1 and welfare or if the physician resigns while a proceeding for
16-2 revocation, suspension, or limitation of privileges is pending. A
16-3 report to the board under this subsection shall contain a general
16-4 statement of the reasons the health care institution denied or took
16-5 action to revoke, suspend, or limit a homeopathic physician's
16-6 privilege.
16-7 SECTION 4.08. PROCEEDINGS AFTER INVESTIGATION;
16-8 ADMINISTRATIVE PENALTY. (a) If, after completing its
16-9 investigation, the board finds that the information provided under
16-10 this article is not of sufficient seriousness to merit direct
16-11 action against the license of the homeopathic physician, the board
16-12 may:
16-13 (1) dismiss the complaint if, in the opinion of the
16-14 board, the information is without merit; or
16-15 (2) file a letter of concern regarding the license
16-16 holder.
16-17 (b) If, in the opinion of the board, and after an
16-18 investigation, it appears that the information received by the
16-19 board is or may be true, the board may request an informal
16-20 interview with the homeopathic physician concerned. If the
16-21 homeopathic physician refuses the invitation or accepts the
16-22 invitation and the results of the interview indicate grounds for
16-23 the suspension or revocation of the license, a formal complaint
16-24 shall be issued and a formal hearing shall be conducted.
16-25 (c) If, after completing the investigation, at the informal
16-26 interview, the board finds the information provided under this
16-27 article is not of sufficient seriousness to merit suspension or
17-1 revocation of a license, the board may:
17-2 (1) dismiss the complaint if, in the opinion of the
17-3 board, the information is without merit;
17-4 (2) file a letter of concern regarding the license
17-5 holder;
17-6 (3) issue a decree of censure that constitutes an
17-7 official action against the homeopathic physician's license and may
17-8 include a requirement that the physician make restitution of fees
17-9 to a patient resulting from a violation of this Act or a rule
17-10 adopted under this Act;
17-11 (4) place the license holder on probation on terms
17-12 adapted to protect the public health and safety and to rehabilitate
17-13 or educate the license holder, including the temporary suspension
17-14 of the license for a time not to exceed 12 months, the restriction
17-15 of the homeopathic physician's license to practice medicine, or a
17-16 requirement that the license holder make restitution of fees to a
17-17 patient resulting from a violation of this Act or a rule adopted
17-18 under this Act; or
17-19 (5) enter into an agreement with the homeopathic
17-20 physician to restrict or limit the homeopathic physician's practice
17-21 or medical activities to rehabilitate the homeopathic physician,
17-22 protect the public, and ensure the homeopathic physician's ability
17-23 to safely engage in the practice of medicine.
17-24 (d) The failure of a license holder to comply with any
17-25 probation requirement is cause for the filing of a summons,
17-26 complaint, and notice of hearing under this article based on the
17-27 information considered by the board at the informal interview and
18-1 any other act or conduct alleged to be in violation of this Act or
18-2 a rule adopted under this Act.
18-3 (e) After an informal interview under this section or a
18-4 hearing, the board, in addition to any other action taken, may
18-5 impose an administrative penalty in an amount of not less than $500
18-6 and not more than $2,000 on a homeopathic physician who violates
18-7 this Act or a rule adopted under this Act. An action to enforce
18-8 the collection of an administrative penalty shall be brought in the
18-9 name of the state by the attorney general or the district attorney
18-10 in the district court in the county in which the violation
18-11 occurred. A penalty under this section is in addition to other
18-12 penalties imposed under this Act.
18-13 (f) If, in the opinion of the board, it appears that the
18-14 allegations concerning a homeopathic physician are of such
18-15 magnitude as to warrant suspension or revocation of the person's
18-16 license, the board shall serve on the physician a summons and a
18-17 complaint fully setting forth the allegations, setting a date for a
18-18 hearing to be held before the board not less than 30 days after the
18-19 date of the summons, and stating the time and place of the hearing.
18-20 SECTION 4.09. OTHER DISCIPLINARY ACTIONS. (a) A
18-21 homeopathic physician who, after a hearing, is found to be mentally
18-22 or physically unable to engage safely in the practice of
18-23 homeopathic medicine is subject to censure, probation, or
18-24 suspension of license, or any combination of those actions, or
18-25 revocation of the person's license for a designated time or
18-26 permanently and under conditions the board determines to be
18-27 appropriate for the protection of the public health and safety and
19-1 just in the circumstances.
19-2 (b) If the board acts to modify a homeopathic physician's
19-3 prescription-writing privileges, the board shall immediately notify
19-4 the Texas State Board of Pharmacy of the modification.
19-5 SECTION 4.10. USE OF RECORDS; CONFIDENTIALITY.
19-6 (a) Patient records, including clinical records, medical reports,
19-7 laboratory statements and reports, a file, film, another report or
19-8 oral statement relating to a diagnostic finding or treatment of a
19-9 patient, information from which a patient or the patient's family
19-10 may be identified, or information received and records kept by the
19-11 board as a result of an investigation procedure, are not open to
19-12 the public.
19-13 (b) This section or any other provision of law making
19-14 communications between a homeopathic physician and a patient a
19-15 privileged communication does not apply to an investigation or
19-16 proceeding conducted under this Act. The board and an employee,
19-17 agent, and representative of the board shall keep in confidence the
19-18 name of any patient whose record is reviewed during the course of
19-19 an investigation and proceeding under this Act.
19-20 (c) Hospital records, medical staff records, medical staff
19-21 review committee records, and testimony concerning these records
19-22 and proceedings related to the creation of the records are not
19-23 available to the public, shall be kept confidential by the board,
19-24 and are subject to the same provisions concerning discovery and use
19-25 in legal actions as the original records in the possession and
19-26 control of a hospital or a hospital's medical staff or medical
19-27 staff review committee. The board may use records and testimony
20-1 during the course of an investigation and proceeding under this
20-2 Act.
20-3 SECTION 4.11. MALPRACTICE CLAIM REVIEW. On receipt of a
20-4 report from the Texas Department of Insurance alleging that a
20-5 malpractice insurance claim against a homeopathic physician has
20-6 been filed, the board shall initiate an investigation to determine
20-7 whether the homeopathic physician against whom the claim is filed
20-8 is in violation of this Act or a rule adopted under this Act.
20-9 SECTION 4.12. PENALTY. (a) A person commits an offense if
20-10 the person practices or attempts to practice medicine as a
20-11 homeopathic physician in violation of this Act or otherwise
20-12 violates this Act.
20-13 (b) An offense under Subsection (a) of this section is a
20-14 Class A misdemeanor.
20-15 ARTICLE 5. DISPENSING OF DRUGS AND DEVICES
20-16 SECTION 5.01. DISPENSING DRUGS AND DEVICES; CIVIL PENALTY.
20-17 (a) A homeopathic physician may dispense drugs and devices kept by
20-18 the physician if:
20-19 (1) all drugs are dispensed in packages labeled with
20-20 the following information:
20-21 (A) the dispensing physician's name, address,
20-22 and telephone number;
20-23 (B) the date the drug is dispensed;
20-24 (C) the patient's name; and
20-25 (D) the name and strength of the drug,
20-26 directions for its use, and any cautionary statements;
20-27 (2) the dispensing physician enters in the patient's
21-1 medical record:
21-2 (A) the name and strength of the drug dispensed;
21-3 (B) the date the drug is dispensed; and
21-4 (C) the therapeutic reason for the use of the
21-5 drug; and
21-6 (3) the dispensing physician keeps all drugs in a
21-7 locked cabinet or room, controls access to the cabinet or room by a
21-8 written procedure, and maintains an ongoing inventory of its
21-9 contents.
21-10 (b) Except in an emergency situation, a physician who
21-11 dispenses drugs for profit without being registered by the board to
21-12 do so is subject to a civil penalty of not less than $300 and not
21-13 more than $1,000 for each transaction and is prohibited from
21-14 further dispensing for a time prescribed by the board.
21-15 (c) Before dispensing a drug under this section, the
21-16 physician must give the patient a written prescription containing
21-17 the following statement in bold type: "This prescription may be
21-18 filled by the prescribing physician or by a pharmacy of your
21-19 choice."
21-20 (d) A physician shall dispense for profit only to the
21-21 physician's own patient and only for conditions being treated by
21-22 the physician. The physician shall provide direct supervision of a
21-23 nurse or attendant involved in the dispensing process.
21-24 (e) This section shall be enforced by the board under rules
21-25 regarding recordkeeping and the labeling, storage, and packaging of
21-26 drugs consistent with the requirements of Title 6, Health and
21-27 Safety Code. The board may conduct periodic inspections of
22-1 dispensing practices to assure compliance with this section and
22-2 applicable rules.
22-3 (f) In this section:
22-4 (1) "Direct supervision" means that a physician is
22-5 present and makes the determination as to the legitimacy or the
22-6 advisability of the drugs or devices to be dispensed.
22-7 (2) "Dispense" means the delivery by a homeopathic
22-8 physician of a prescription drug or device to a patient, except for
22-9 samples packaged for individual use by licensed manufacturers or
22-10 repackagers of drugs, and includes the prescribing, administering,
22-11 packaging, labeling, and security necessary to prepare and
22-12 safeguard the drug or device for delivery.
22-13 ARTICLE 6. CONFORMING AMENDMENTS; TRANSITION; EFFECTIVE DATE
22-14 SECTION 6.01. CONFORMING AMENDMENT. Section 5(39), Texas
22-15 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), is
22-16 amended to read as follows:
22-17 (39) "Practitioner" means:
22-18 (A) a physician, homeopathic physician, dentist,
22-19 podiatrist, veterinarian, or other person licensed or registered to
22-20 prescribe, distribute, administer, or dispense a prescription drug
22-21 or device in the course of professional practice in this state;
22-22 (B) a person licensed by another state in a
22-23 health field in which, under Texas law, licensees in this state may
22-24 legally prescribe dangerous drugs or a person practicing in another
22-25 state and licensed by another state as a physician, homeopathic
22-26 physician, dentist, veterinarian, or podiatrist, having a current
22-27 Federal Drug Enforcement Administration registration number, and
23-1 who may legally prescribe Schedule II, III, IV, or V controlled
23-2 substances in such other state; or
23-3 (C) a person licensed in the Dominion of Canada
23-4 or the United Mexican States in a health field in which, under the
23-5 laws of this state, a licensee may legally prescribe dangerous
23-6 drugs. "Practitioner" does not include a person licensed under
23-7 this Act.
23-8 SECTION 6.02. CONFORMING AMENDMENT. Section 481.002(39),
23-9 Health and Safety Code, is amended to read as follows:
23-10 (39) "Practitioner" means:
23-11 (A) a physician, homeopathic physician, dentist,
23-12 veterinarian, podiatrist, scientific investigator, or other person
23-13 licensed, registered, or otherwise permitted to distribute,
23-14 dispense, analyze, conduct research with respect to, or administer
23-15 a controlled substance in the course of professional practice or
23-16 research in this state;
23-17 (B) a pharmacy, hospital, or other institution
23-18 licensed, registered, or otherwise permitted to distribute,
23-19 dispense, conduct research with respect to, or administer a
23-20 controlled substance in the course of professional practice or
23-21 research in this state; or
23-22 (C) a person practicing in and licensed by
23-23 another state as a physician, homeopathic physician, dentist,
23-24 veterinarian, or podiatrist, having a current Federal Drug
23-25 Enforcement Administration registration number, who may legally
23-26 prescribe Schedule II, III, IV, or V controlled substances in that
23-27 state.
24-1 SECTION 6.03. CONFORMING AMENDMENT. Section 483.001(12),
24-2 Health and Safety Code, is amended to read as follows:
24-3 (12) "Practitioner" means a person licensed:
24-4 (A) by the Texas State Board of Medical
24-5 Examiners, State Board of Dental Examiners, Texas State Board of
24-6 Podiatric Medical Examiners, Texas Optometry Board, Board of
24-7 Homeopathic Medical Examiners, or State Board of Veterinary Medical
24-8 Examiners to prescribe and administer dangerous drugs;
24-9 (B) by another state in a health field in which,
24-10 under the laws of this state, a licensee may legally prescribe
24-11 dangerous drugs; or
24-12 (C) in Canada or Mexico in a health field in
24-13 which, under the laws of this state, a licensee may legally
24-14 prescribe dangerous drugs.
24-15 SECTION 6.04. APPOINTMENT OF INITIAL BOARD. (a) In making
24-16 the initial appointments to the Board of Homeopathic Medical
24-17 Examiners, the governor shall appoint:
24-18 (1) two homeopathic physician members for terms
24-19 expiring February 1, 1999;
24-20 (2) one homeopathic physician member and one public
24-21 member for terms expiring February 1, 2001; and
24-22 (3) one homeopathic physician member and one public
24-23 member for terms expiring February 1, 2003.
24-24 (b) The initial members of the board required to be licensed
24-25 as homeopathic physicians must obtain a license under this Act not
24-26 later than September 1, 1998.
24-27 SECTION 6.05. RULES. The Board of Homeopathic Medical
25-1 Examiners shall adopt rules under this Act on or before January 1,
25-2 1998.
25-3 SECTION 6.06. EFFECTIVE DATE. (a) Except as provided by
25-4 Subsection (b) of this section, this Act takes effect September 1,
25-5 1997.
25-6 (b) Sections 3.01 and 4.12 of this Act take effect March 1,
25-7 1998.
25-8 SECTION 6.07. EMERGENCY. The importance of this legislation
25-9 and the crowded condition of the calendars in both houses create an
25-10 emergency and an imperative public necessity that the
25-11 constitutional rule requiring bills to be read on three several
25-12 days in each house be suspended, and this rule is hereby suspended.