By: Luna, Moncrief S.B. No. 257
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of the practice of naturopathic
1-2 medicine; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. PURPOSE. The legislature finds that a
1-5 significant number of the citizens of this state are turning to
1-6 naturopathic physicians for their health care needs and declares
1-7 that naturopathic medicine is a distinct health care profession
1-8 that affects the public health, safety, and welfare and provides
1-9 the public with freedom of choice in health care. The purpose of
1-10 this Act is to provide standards for the licensing and regulation
1-11 of naturopathic medicine to protect the public health, safety, and
1-12 welfare and to provide a means of identifying qualified
1-13 naturopathic physicians.
1-14 SECTION 2. DEFINITIONS. In this Act:
1-15 (1) "Advisory committee" means the Naturopathic
1-16 Physicians Advisory Committee.
1-17 (2) "Approved naturopathic college" means a college
1-18 granting the degree of doctor of naturopathy, doctor of
1-19 naturopathic health care, or doctor of naturopathic medicine that:
1-20 (A) is accredited by an agency recognized by the
1-21 federal government or approved by the board;
1-22 (B) has candidate-for-accreditation status with
1-23 the accrediting agency; or
2-1 (C) has been approved by the advisory committee
2-2 after the college was investigated and found to meet education
2-3 standards equivalent to those established by the accrediting
2-4 agency.
2-5 (3) "Board" means the Texas Board of Health.
2-6 (4) "Department" means the Texas Department of Health.
2-7 (5) "Diagnose" means to examine in any manner another
2-8 person, parts of a person's body, or substances, fluids, or
2-9 materials excreted, taken, or removed from a person's body or
2-10 produced by a person's body to determine the source, kind, or
2-11 extent of a disease or other physical condition.
2-12 (6) "Minor office procedure" means the use of
2-13 operative, electrical, or other methods for the repair and care
2-14 incidental to superficial lacerations and abrasions, the removal of
2-15 foreign bodies located in superficial tissues, and the use of
2-16 antiseptics and local anesthetics in connection with these methods.
2-17 The term includes the use of local anesthesia applied topically or
2-18 by injection, whether natural or prescription, in superficial
2-19 tissues associated with the performance of minor office procedures.
2-20 The term does not include general or spinal anesthesia, major
2-21 surgery, surgery of the body cavities, or specialized surgeries,
2-22 including plastic surgery or surgery involving the eyes, tendons,
2-23 ligaments, or major blood vessels.
2-24 (7) "Natural antibiotics" means antimicrobial,
2-25 antifungal, and antiprotozoal agents that are naturally occurring
3-1 substances or manufactured substances that are substantially
3-2 identical to the naturally occurring substances.
3-3 (8) "Natural medicines" means food, food extracts,
3-4 dietary supplements as defined by the Federal Food, Drug, and
3-5 Cosmetic Act (21 U.S.C. Section 301 et seq.), homeopathic remedies,
3-6 plant substances that are not designated as prescription drugs or
3-7 controlled substances, over-the-counter medications, prescriptions
3-8 that are consistent with the competent practice of naturopathy, and
3-9 substances prepared according to the official Homoeopathic
3-10 Pharmacopoeia of the United States.
3-11 (9) "Naturopathic medicine" means a system of primary
3-12 health care practiced by naturopathic physicians for the
3-13 prevention, evaluation, and care of human health conditions that
3-14 uses education, natural substances, and remedies to support and
3-15 stimulate the individual's intrinsic self-healing processes.
3-16 (10) "Naturopathic childbirth" means uncomplicated
3-17 natural childbirth assisted by a naturopathic physician. The term
3-18 includes the use of natural substances, ophthalmic antibiotics,
3-19 emergency childbirth medicines, and simple, uncomplicated
3-20 episiotomies but does not include the use of forceps delivery,
3-21 general or spinal anesthesia, cesarean section, or induced
3-22 abortion.
3-23 (11) "Naturopathic mobilization therapy" means
3-24 manually administering mechanical treatment of body structures or
3-25 tissues for the purpose of restoring normal physiological function
4-1 of the body by normalizing and balancing the musculoskeletal system
4-2 of the body, but the term does not include osseous manipulation.
4-3 (12) "Naturopathic physician" means a person who holds
4-4 the person out to the public as licensed to practice naturopathic
4-5 medicine or who practices naturopathic medicine under this Act.
4-6 (13) "Naturopathic physical medicine" means the use of
4-7 the physical agents of air, water, heat, cold, sound, light, and
4-8 electromagnetic nonionizing radiation and the physical modalities
4-9 of electrotherapy, biofeedback, diathermy, ultraviolet light,
4-10 ultrasound, hydrotherapy, naturopathic mobilization therapy, and
4-11 exercise. The term does not include the practice of physical
4-12 therapy, acupuncture, or chiropractic.
4-13 (14) "Practice of naturopathy" means a system of
4-14 primary health care for the prevention, diagnosis, and care of
4-15 human conditions, injuries, and diseases that uses education,
4-16 natural substances, and natural therapies to support and stimulate
4-17 the patient's intrinsic self-healing processes.
4-18 (15) "Topical preparations" means topical analgesics,
4-19 anesthetics, antiseptics, scabicides, antifungals, and
4-20 antibacterials.
4-21 SECTION 3. AUTHORIZED ACTIVITIES. (a) A person licensed as
4-22 a naturopathic physician under this Act may use for preventive and
4-23 therapeutic purposes the following preparations and therapies:
4-24 (1) natural medicines;
4-25 (2) minor office procedures;
5-1 (3) natural antibiotics;
5-2 (4) naturopathic medicine;
5-3 (5) naturopathic childbirth;
5-4 (6) naturopathic mobilization therapy;
5-5 (7) topical preparations; and
5-6 (8) naturopathic physical medicine.
5-7 (b) A person licensed as a naturopathic physician under this
5-8 Act may use for evaluation purposes:
5-9 (1) physical and orificial examinations;
5-10 (2) X-rays;
5-11 (3) electrocardiograms;
5-12 (4) therapeutic ultrasound;
5-13 (5) phlebotomy;
5-14 (6) clinical laboratory tests and examinations;
5-15 (7) physiological function tests; and
5-16 (8) the noninvasive diagnostic procedures commonly
5-17 used in general practice.
5-18 SECTION 4. POWERS AND DUTIES OF BOARD AND DEPARTMENT.
5-19 (a) The board, with the advice of the advisory committee, shall
5-20 adopt rules consistent with this Act.
5-21 (b) The department shall administer this Act, investigate
5-22 violations of this Act, prepare and administer examinations, and
5-23 perform other duties authorized by this Act.
5-24 (c) The board may adopt rules authorizing the use by
5-25 naturopathic physicians of other evaluative procedures and other
6-1 natural substances, treatments, procedures, and therapies if the
6-2 substances, treatments, procedures, and therapies are taught in
6-3 approved courses of study or used by practitioners licensed by
6-4 other entities of the state and are consistent with this Act.
6-5 (d) Chapter 2001, Government Code, applies to this Act.
6-6 SECTION 5. EXCEPTIONS. This Act does not:
6-7 (1) prevent any other professional who is licensed,
6-8 certified, or registered under the laws of this state from
6-9 providing services consistent with the professional's scope of
6-10 practice;
6-11 (2) apply to a student of naturopathy who is currently
6-12 enrolled in an approved naturopathic course of study and who
6-13 gratuitously evaluates and treats human conditions under the direct
6-14 supervision of a naturopathic physician regulated under the laws of
6-15 this state if the student's activities are within the scope of
6-16 practice of the supervising naturopathic physician and are limited
6-17 to activity consistent with the scope of practice authorized by
6-18 this Act;
6-19 (3) prohibit or restrict a person engaged in the sale
6-20 of vitamins, health foods, dietary supplements, herbs, or other
6-21 products of nature the sale of which is not otherwise prohibited
6-22 under state or federal law;
6-23 (4) prohibit a person from providing nutritional
6-24 advice, giving advice concerning proper nutrition, or giving
6-25 information as to the use and role of food and food ingredients,
7-1 including dietary supplements, except that providing nutritional
7-2 advice under this subdivision does not include the authority to
7-3 practice medicine or surgery, to undertake the treatment or cure of
7-4 a disease, pain, injury, deformity, or physical or mental
7-5 condition, or to state that a product might cure a disease, pain,
7-6 injury, deformity, or other condition; or
7-7 (5) apply to a naturopathic physician licensed in
7-8 another state, a territory of the United States, or the District of
7-9 Columbia, if the state, territory, or the District of Columbia
7-10 requires credentials equivalent to those of this Act, when the
7-11 physician is incidentally called into this state for consultation
7-12 with a naturopathic physician licensed in this state.
7-13 SECTION 6. PROHIBITED ACTS. A naturopathic physician may
7-14 not:
7-15 (1) prescribe, dispense, or administer any legend
7-16 drugs or controlled substances except those preparations authorized
7-17 by this Act or board rule;
7-18 (2) perform surgical procedures or X-ray procedures
7-19 except those procedures authorized by this Act or board rule;
7-20 (3) practice emergency care except as a samaritan
7-21 rendering gratuitous services in the case of emergency and except
7-22 for the care of minor injuries; or
7-23 (4) claim to practice allopathic medicine or surgery,
7-24 osteopathy, dentistry, podiatry, optometry, chiropractic, physical
7-25 therapy, acupuncture, or any other system or method of treatment
8-1 not authorized by this Act or board rule.
8-2 SECTION 7. DUTIES AND RESPONSIBILITIES. A naturopathic
8-3 physician has the same responsibility as any other licensed health
8-4 care provider regarding public health laws, reportable diseases and
8-5 conditions, communicable disease control and prevention, the
8-6 recording of vital statistics, health and physical examinations,
8-7 competency examinations, and local boards of health, except that
8-8 the authority under this section is limited to activity consistent
8-9 with the scope of practice authorized by this Act or board rule.
8-10 SECTION 8. LICENSE QUALIFICATIONS. (a) A person is
8-11 qualified to be licensed as a naturopathic physician if the person:
8-12 (1) completes and submits to the department an
8-13 application accompanied by the appropriate fees;
8-14 (2) is a graduate of an approved naturopathic college;
8-15 (3) has passed an examination prescribed or endorsed
8-16 by the advisory committee covering the appropriate naturopathic
8-17 subjects; and
8-18 (4) is of good moral character.
8-19 (b) A person is qualified to be licensed as a naturopathic
8-20 physician without examination if:
8-21 (1) the applicant is licensed to practice naturopathy
8-22 in another state, a territory of the United States, or the District
8-23 of Columbia under conditions and circumstances that the board finds
8-24 to be comparable to the requirements of this state for obtaining a
8-25 license to practice naturopathy and the state, the territory, or
9-1 the District of Columbia requires the successful completion of a
9-2 professional examination for the issuance of a license;
9-3 (2) the applicant has graduated from an approved
9-4 naturopathic college or, if the applicant was licensed before a
9-5 date designated by board rule, the applicant graduated from a
9-6 college approved by the advisory committee after the college was
9-7 investigated and found to meet the acceptable education standards
9-8 in existence at the time of the applicant's graduation; and
9-9 (3) the applicant produces evidence satisfactory to
9-10 the advisory committee that the applicant holds a valid,
9-11 unsuspended, and unrevoked license, has been actively engaged in
9-12 the practice of naturopathy for not less than one year, and is of
9-13 good moral character.
9-14 (c) A person may sit for the examination prescribed or
9-15 endorsed by the advisory committee under Subsection (a) of this
9-16 section and be eligible for licensure as a naturopathic physician
9-17 on the passage of the examination if, before December 1, 1997, the
9-18 person files a license application, pays the required fees, and
9-19 submits proof to the department that the person:
9-20 (1) attended a naturopathic college and received a
9-21 doctorate degree in naturopathy from the college before January 1,
9-22 1997, and the college is subsequently approved by the advisory
9-23 committee;
9-24 (2) was in practice in this state before May 1, 1997,
9-25 and that that practice included providing health care services
10-1 using natural medicines or therapies to patients in this state on a
10-2 regular and ongoing basis; and
10-3 (3) is of good moral character.
10-4 (d) A person is qualified to be licensed under this Act
10-5 without taking the examination or meeting the requirements of
10-6 Subsections (a) and (b) of this section if the person:
10-7 (1) is a resident of the state;
10-8 (2) is 21 years of age or older;
10-9 (3) provides proof acceptable to the advisory
10-10 committee that the person has been actively engaged in naturopathic
10-11 health care and has held the person out to the public as a
10-12 naturopathic physician for at least three years before January 1,
10-13 1999, or has accumulated not less than 3,080 patient contact hours
10-14 before January 1, 1999;
10-15 (4) is not licensed as a physician or chiropractor;
10-16 (5) derives the majority of the person's earned income
10-17 from the practice of naturopathy; and
10-18 (6) applies for a license under this subsection before
10-19 January 1, 1999.
10-20 (e) A person licensed under Subsection (d) of this section
10-21 may:
10-22 (1) use the title "naturopathic physician" and any
10-23 other title permitted under Subsection (a) of Section 16 of this
10-24 Act; and
10-25 (2) practice naturopathy only within the scope of
11-1 practice that reflects the limits of the person's training and
11-2 experience.
11-3 (f) The board may adopt rules providing for limitations on
11-4 the practice of a person licensed under Subsection (d) of this
11-5 section. The board may not require a person licensed under
11-6 Subsection (d) of this section to be identified as a person whose
11-7 practice is limited.
11-8 SECTION 9. EXAMINATION. (a) The advisory committee may
11-9 prescribe a nationally developed standard examination as part or
11-10 all of the examination prescribed or endorsed under Subsection (a)
11-11 of Section 8 of this Act. The board by rule shall determine the
11-12 passing criteria for the examination. The board may adopt other
11-13 rules necessary to the administration of the examination.
11-14 (b) The board shall set the fees for the examination,
11-15 reexamination of the entire examination, and reexamination of
11-16 separate components of the examination in amounts necessary to
11-17 cover the actual cost of the examination and the expenses of
11-18 administration.
11-19 SECTION 10. LICENSE FEES. The board by rule shall adopt an
11-20 initial licensing fee and annual renewal fees. Fees adopted under
11-21 this section shall be in amounts necessary to cover the costs of
11-22 administering this Act.
11-23 SECTION 11. LICENSE RENEWAL. (a) A license to practice as
11-24 a naturopathic physician must be renewed annually.
11-25 (b) To renew a license, each naturopathic physician must
12-1 submit to the department evidence of successful completion of the
12-2 required hours of continuing education from programs approved by
12-3 the board.
12-4 (c) The board shall adopt rules as to what constitutes an
12-5 approved program of continuing education and the manner in which
12-6 attendance at all approved courses, clinics, forums, lectures,
12-7 programs, or seminars is monitored, recorded, and submitted to the
12-8 department.
12-9 (d) The board may adopt other rules necessary to the
12-10 administration of license renewals.
12-11 SECTION 12. CONTINUING EDUCATION. (a) The total number of
12-12 required continuing education hours for all naturopathic physicians
12-13 is not less than 15 approved hours annually. The number and type
12-14 of required continuing education hours for a naturopathic physician
12-15 certified in naturopathic childbirth is not less than 15 approved
12-16 specialty hours in obstetrics or natural childbirth and not less
12-17 than 20 approved hours biennially for a total of not less than 35
12-18 approved hours biennially.
12-19 (b) A person who seeks to renew a license that expired
12-20 within the preceding year must comply with the continuing education
12-21 requirements for the regular renewal of the license. A person
12-22 seeking to renew a license that has been expired for more than one
12-23 year must present evidence of completion of not less than one-half
12-24 of the required hours of approved continuing education requirements
12-25 during the year preceding the date of the application for renewal.
13-1 SECTION 13. INACTIVE STATUS; RETIRED STATUS. (a) A license
13-2 holder seeking to place the person's license on inactive status
13-3 must notify the department at the time of renewal and pay a fee for
13-4 inactive status.
13-5 (b) To activate a license on inactive status, the license
13-6 holder must pay the regular renewal fee and present evidence of
13-7 having completed not less than one-half of the required hours of
13-8 approved continuing education requirements during the year
13-9 preceding the date of the application for activation.
13-10 (c) A license holder seeking to place a license on retired
13-11 status must notify the department at the time of renewal. A
13-12 license on retired status may not be reactivated.
13-13 (d) A license holder who holds a license that is on inactive
13-14 or retired status may not practice naturopathic medicine.
13-15 SECTION 14. SPECIALTY PRACTICE. (a) A naturopathic
13-16 physician may not practice naturopathic childbirth without
13-17 obtaining a certificate of specialty practice in naturopathic
13-18 childbirth. The board shall adopt rules to certify naturopathic
13-19 physicians for specialty practice.
13-20 (b) To be certified in naturopathic childbirth, a
13-21 naturopathic physician must:
13-22 (1) pass a specialty examination in obstetrics or
13-23 natural childbirth approved by the advisory committee; and
13-24 (2) comply with the requirements adopted by the board
13-25 for issuance of the specialty certification that are equivalent to
14-1 the minimum requirements, including any examination requirements,
14-2 to obtain a license to practice midwifery in this state.
14-3 (c) The advisory committee may prescribe a national
14-4 standardized examination in obstetrics or natural childbirth as
14-5 constituting the specialty examination.
14-6 SECTION 15. USE OF X-RAY. A naturopathic physician licensed
14-7 under this Act may use an X-ray in the course of the person's
14-8 practice only if the person is certified by the board as qualified
14-9 to perform X-ray procedures. The board shall adopt rules for the
14-10 issuance of a certification under this section that are equivalent
14-11 to the requirements for other health professionals to engage in the
14-12 use of X-rays.
14-13 SECTION 16. USE OF TITLES; PENALTY; INJUNCTION. (a) A
14-14 naturopathic physician may use the title "naturopathic physician"
14-15 and the recognized abbreviation for the professional degree of
14-16 "N.D." A naturopathic physician has the exclusive right to use the
14-17 terms "naturopathic physician," "doctor of naturopathic medicine,"
14-18 "doctor of naturopathy," "naturopathy," and "N.D."
14-19 (b) A person commits an offense if the person holds the
14-20 person out as a naturopathic physician, suggests that the person
14-21 practices naturopathic medicine, or uses the terms and abbreviation
14-22 described by Subsection (a) of this section without holding a
14-23 license or while the person is on retired or inactive status under
14-24 this Act.
14-25 (c) An offense under Subsection (b) of this section is a
15-1 felony of the third degree.
15-2 (d) A person who violates this section may be enjoined by
15-3 the district court on petition by the board.
15-4 SECTION 17. COMPLAINT PROCEDURE IN GENERAL. (a) The
15-5 department shall keep an information file about each complaint
15-6 filed with the department. The department's information file shall
15-7 be kept current and contain a record for each complaint of:
15-8 (1) all persons contacted in relation to the
15-9 complaint;
15-10 (2) a summary of findings made at each step of the
15-11 complaint process;
15-12 (3) an explanation of the legal basis and reason for a
15-13 complaint that is dismissed; and
15-14 (4) other relevant information.
15-15 (b) If a written complaint is filed with the department that
15-16 the department has authority to resolve, the department, at least
15-17 as frequently as quarterly and until final disposition of the
15-18 complaint, shall notify the parties to the complaint of the status
15-19 of the complaint unless the notice would jeopardize an undercover
15-20 investigation.
15-21 (c) The board by rule shall adopt a form to standardize
15-22 information concerning complaints made to the department. The
15-23 board by rule shall prescribe information to be provided to a
15-24 person when the person files a complaint with the department.
15-25 (d) The department shall provide reasonable assistance to a
16-1 person who wishes to file a complaint with the department.
16-2 SECTION 18. COMPLAINT INVESTIGATION AND DISPOSITION.
16-3 (a) The board shall adopt rules concerning the investigation of a
16-4 complaint filed with the department. The rules adopted under this
16-5 subsection shall:
16-6 (1) distinguish between categories of complaints;
16-7 (2) ensure that complaints are not dismissed without
16-8 appropriate consideration;
16-9 (3) require that the advisory committee be advised of
16-10 a complaint that is dismissed and that a letter be sent to the
16-11 person who filed the complaint explaining the action taken on the
16-12 dismissed complaint;
16-13 (4) ensure that the person who filed the complaint has
16-14 an opportunity to explain the allegations made in the complaint;
16-15 and
16-16 (5) prescribe guidelines concerning the categories of
16-17 complaints that require the use of a private investigator and the
16-18 procedures for the advisory committee to obtain the services of a
16-19 private investigator.
16-20 (b) The department shall dispose of all complaints in a
16-21 timely manner.
16-22 SECTION 19. DISCIPLINE OF LICENSE HOLDER. (a) A license to
16-23 practice naturopathy may be denied or, after notice and hearing,
16-24 suspended, probated, or revoked if the applicant for a license or
16-25 the holder of a license:
17-1 (1) uses drugs or intoxicating liquors to an extent
17-2 that affects the person's professional competence;
17-3 (2) obtains or attempts to obtain a license by fraud
17-4 or deception;
17-5 (3) is adjudged mentally incompetent by a court of
17-6 competent jurisdiction;
17-7 (4) practices naturopathy in a manner detrimental to
17-8 the public health and welfare;
17-9 (5) violates this Act or a rule adopted under this
17-10 Act;
17-11 (6) is convicted of a felony or a crime involving
17-12 moral turpitude; or
17-13 (7) holds the person out as a physician or surgeon or
17-14 any combination or derivative of those terms unless the person is
17-15 also licensed under the Medical Practice Act (Article 4495b,
17-16 Vernon's Texas Civil Statutes) as a physician or surgeon.
17-17 (b) If a license suspension is probated, the department may
17-18 require the license holder:
17-19 (1) to report regularly to the department on matters
17-20 that are the basis of the probation;
17-21 (2) to limit practice to the areas prescribed by the
17-22 department; or
17-23 (3) to continue the person's professional education
17-24 until the license holder attains a degree of skill satisfactory to
17-25 the department in those areas that are the basis of the probation.
18-1 (c) A person whose application for a license is denied or
18-2 whose license is suspended or revoked is entitled to a hearing
18-3 before the department if the person submits a written request to
18-4 the department. Hearings are governed by the board rules for a
18-5 contested hearing and by Chapter 2001, Government Code.
18-6 SECTION 20. NATUROPATHIC PHYSICIANS ADVISORY COMMITTEE. (a)
18-7 The Naturopathic Physicians Advisory Committee is created as an
18-8 advisory committee to the board. The board shall appoint nine
18-9 members who must have the following qualifications:
18-10 (1) three must be representatives of the general
18-11 public;
18-12 (2) two must be physicians licensed in this state;
18-13 (3) one must be a chiropractor licensed in this state;
18-14 and
18-15 (4) three must be naturopathic physicians licensed
18-16 under this Act.
18-17 (b) Members are appointed for staggered terms of six years,
18-18 with three members' terms expiring January 1 of each even-numbered
18-19 year. If a vacancy occurs on the advisory committee, the board
18-20 shall appoint a person having the appropriate qualifications to
18-21 serve the unexpired part of the term.
18-22 (c) The advisory committee may adopt rules for the conduct
18-23 of its activities and shall elect a presiding officer from among
18-24 its members. The advisory committee shall meet at least once each
18-25 calendar year and shall meet at other times at the call of the
19-1 presiding officer as necessary to transact its business.
19-2 (d) The members of the advisory committee may not receive
19-3 compensation, but a member is entitled to receive the per diem and
19-4 travel allowance authorized by the General Appropriations Act for
19-5 state employees.
19-6 (e) The advisory committee shall recommend for the
19-7 consideration of the board rules to implement standards adopted
19-8 under this Act and perform other duties assigned by the board.
19-9 (f) The advisory committee shall recommend for the approval
19-10 of the department examinations required by this Act.
19-11 (g) A naturopathic physician member of the advisory
19-12 committee may be licensed as a member of another health profession
19-13 regulated or licensed by the state.
19-14 SECTION 21. CONFORMING AMENDMENT. Subsection (b), Section
19-15 3.06, Medical Practice Act (Article 4495b, Vernon's Texas Civil
19-16 Statutes), is amended to read as follows:
19-17 (b) This Act does not apply to:
19-18 (1) dentists, duly qualified and registered under the
19-19 laws of this state who confine their practice strictly to
19-20 dentistry;
19-21 (2) duly licensed optometrists who confine their
19-22 practice strictly to optometry as defined by law;
19-23 (3) duly licensed chiropractors who confine their
19-24 practice strictly to chiropractic as defined by law;
19-25 (4) registered or professional nurses and licensed
20-1 vocational nurses registered or licensed under the laws of this
20-2 state who confine their practice strictly within the provisions of
20-3 such applicable licensing Acts and the laws of this state;
20-4 (5) duly licensed podiatrists who confine their
20-5 practice strictly to podiatry as defined by law;
20-6 (6) duly licensed or certified psychologists who
20-7 confine their activities or practice strictly to psychology as
20-8 defined by law;
20-9 (7) duly licensed physical therapists who confine
20-10 their activities or practice strictly to physical therapy and who
20-11 are not in violation of any law relating to physical therapy
20-12 practice;
20-13 (8) commissioned or contract surgeons of the uniformed
20-14 services of the United States or in the Public Health Service in
20-15 the performance of their duties and not engaged in private
20-16 practice;
20-17 (9) any person furnishing medical assistance in case
20-18 of an emergency or disaster situation if no charge is made for the
20-19 medical assistance;
20-20 (10) a student in training in a medical school
20-21 approved by the board while performing the duties assigned in the
20-22 course of training, providing the duties are performed under the
20-23 supervision of a licensed practitioner, except that medical
20-24 residents, interns, and fellows shall be required to register and
20-25 be subject to the other applicable provisions of this Act;
21-1 (11) a legally qualified physician of another state
21-2 who is in this state for consultation with physicians licensed in
21-3 this state but who does not:
21-4 (A) have an office in this state; or
21-5 (B) appoint a place in this state for seeing,
21-6 examining, or treating patients; [or]
21-7 (12) a licensed naturopathic physician who confines
21-8 the physician's practice strictly to naturopathy as defined by law;
21-9 or
21-10 (13) any other activities that the board may designate
21-11 as exempt from the application of this Act.
21-12 SECTION 22. CONFORMING AMENDMENT. Subsection (a), Section
21-13 3, Licensed Professional Counselor Act (Article 4512g, Vernon's
21-14 Texas Civil Statutes), is amended to read as follows:
21-15 (a) Except as provided by Subsection (b) of this section,
21-16 this Act does not apply to:
21-17 (1) the activities and services of or use of an
21-18 official title by a person employed as a counselor by a federal,
21-19 state, county, or municipal agency or public or private educational
21-20 institution, if the person is performing counseling or
21-21 counseling-related activities within the scope of his employment;
21-22 (2) the activities and services of a student, intern,
21-23 or trainee in counseling pursuing a course of study in counseling
21-24 in a regionally accredited institution of higher education or
21-25 training institution, if these activities and services constitute a
22-1 part of the supervised course of study and the person is designated
22-2 a "counselor intern";
22-3 (3) the activities and services of a nonresident
22-4 rendered not more than 30 days during any year, if the person is
22-5 authorized to perform the activities and services under the law of
22-6 the state or country of his residence;
22-7 (4) the activities and services of members of other
22-8 professions licensed or certified by the state, such as physicians,
22-9 registered nurses, psychologists, licensed [certified] social
22-10 workers, licensed marriage and family therapists, licensed chemical
22-11 dependency counselors, licensed naturopathic physicians, licensed
22-12 physician assistants, licensed occupational therapists, licensed
22-13 optometrists in the evaluation and remediation of learning or
22-14 behavioral disabilities associated with or caused by a defective or
22-15 abnormal condition of vision, Christian Science practitioners who
22-16 are recognized by the Church of Christ Scientist as registered and
22-17 published in the Christian Science Journal, or other recognized
22-18 religious practitioners performing counseling consistent with the
22-19 law of the state, their training, and any code of ethics of their
22-20 professions, if they do not represent themselves by any title or
22-21 description in the manner prescribed by Section 2 of this Act;
22-22 (5) the activities, services, titles, and descriptions
22-23 of persons licensed to practice law;
22-24 (6) the activities, services, titles, and descriptions
22-25 of persons employed as professionals or who are volunteers in the
23-1 practice of counseling for public and private nonprofit
23-2 organizations or charities who are accountable to the persons'
23-3 sponsoring organization and do not use the title or hold themselves
23-4 out to be licensed counselors; or
23-5 (7) persons owning, operating, or employed by a
23-6 certified career counseling service regulated under Chapter 222,
23-7 Acts of the 70th Legislature, Regular Session, 1987 (Article
23-8 5221a-8, Vernon's Texas Civil Statutes).
23-9 SECTION 23. INITIAL APPOINTMENTS TO ADVISORY COMMITTEE. In
23-10 appointing the initial naturopathic physician members of the
23-11 Naturopathic Physicians Advisory Committee, the board, in lieu of
23-12 appointing members who are naturopathic physicians licensed under
23-13 this Act, shall appoint three members who are qualified and have
23-14 applied for licenses as naturopathic physicians under this Act.
23-15 SECTION 24. EFFECTIVE DATE. This Act takes effect September
23-16 1, 1997.
23-17 SECTION 25. EMERGENCY. The importance of this legislation
23-18 and the crowded condition of the calendars in both houses create an
23-19 emergency and an imperative public necessity that the
23-20 constitutional rule requiring bills to be read on three several
23-21 days in each house be suspended, and this rule is hereby suspended.