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
1-24 (C) has been approved by the advisory committee
2-1 after the college was investigated and found to meet education
2-2 standards equivalent to those established by the accrediting
2-3 agency.
2-4 (3) "Board" means the Texas Board of Health.
2-5 (4) "Department" means the Texas Department of Health.
2-6 (5) "Diagnose" means to examine in any manner another
2-7 person, parts of a person's body, or substances, fluids, or
2-8 materials excreted, taken, or removed from a person's body or
2-9 produced by a person's body to determine the source, kind, or
2-10 extent of a disease or other physical condition.
2-11 (6) "Minor office procedure" means the use of
2-12 operative, electrical, or other methods for the repair and care
2-13 incidental to superficial lacerations and abrasions, the removal of
2-14 foreign bodies located in superficial tissues, and the use of
2-15 antiseptics and local anesthetics in connection with these methods.
2-16 The term includes the use of local anesthesia applied topically or
2-17 by injection, whether natural or prescription, in superficial
2-18 tissues associated with the performance of minor office procedures.
2-19 The term does not include general or spinal anesthesia, major
2-20 surgery, surgery of the body cavities, or specialized surgeries,
2-21 including plastic surgery or surgery involving the eyes, tendons,
2-22 ligaments, or major blood vessels.
2-23 (7) "Natural antibiotics" means antimicrobial,
2-24 antifungal, and antiprotozoal agents that are naturally occurring
2-25 substances or manufactured substances that are substantially
2-26 identical to the naturally occurring substances.
2-27 (8) "Natural medicines" means food, food extracts,
3-1 dietary supplements as defined by the Federal Food, Drug, and
3-2 Cosmetic Act (21 U.S.C. Section 301 et seq.), homeopathic remedies,
3-3 plant substances that are not designated as prescription drugs or
3-4 controlled substances, over-the-counter medications, prescriptions
3-5 that are consistent with the competent practice of naturopathy, and
3-6 substances prepared according to the official Homoeopathic
3-7 Pharmacopoeia of the United States.
3-8 (9) "Naturopathic medicine" means a system of primary
3-9 health care practiced by naturopathic physicians for the
3-10 prevention, evaluation, and care of human health conditions that
3-11 uses education, natural substances, and remedies to support and
3-12 stimulate the individual's intrinsic self-healing processes.
3-13 (10) "Naturopathic childbirth" means uncomplicated
3-14 natural childbirth assisted by a naturopathic physician. The term
3-15 includes the use of natural substances, ophthalmic antibiotics,
3-16 emergency childbirth medicines, and simple, uncomplicated
3-17 episiotomies but does not include the use of forceps delivery,
3-18 general or spinal anesthesia, cesarean section, or induced
3-19 abortion.
3-20 (11) "Naturopathic mobilization therapy" means
3-21 manually administering mechanical treatment of body structures or
3-22 tissues for the purpose of restoring normal physiological function
3-23 of the body by normalizing and balancing the musculoskeletal system
3-24 of the body, but the term does not include osseous manipulation.
3-25 (12) "Naturopathic physician" means a person who holds
3-26 the person out to the public as licensed to practice naturopathic
3-27 medicine or who practices naturopathic medicine under this Act.
4-1 (13) "Naturopathic physical medicine" means the use of
4-2 the physical agents of air, water, heat, cold, sound, light, and
4-3 electromagnetic nonionizing radiation and the physical modalities
4-4 of electrotherapy, biofeedback, diathermy, ultraviolet light,
4-5 ultrasound, hydrotherapy, naturopathic mobilization therapy, and
4-6 exercise. The term does not include the practice of physical
4-7 therapy, acupuncture, or chiropractic.
4-8 (14) "Practice of naturopathy" means a system of
4-9 primary health care for the prevention, diagnosis, and care of
4-10 human conditions, injuries, and diseases that uses education,
4-11 natural substances, and natural therapies to support and stimulate
4-12 the patient's intrinsic self-healing processes.
4-13 (15) "Topical preparations" means topical analgesics,
4-14 anesthetics, antiseptics, scabicides, antifungals, and
4-15 antibacterials.
4-16 SECTION 3. AUTHORIZED ACTIVITIES. (a) A person licensed as
4-17 a naturopathic physician under this Act may use for preventive and
4-18 therapeutic purposes the following preparations and therapies:
4-19 (1) natural medicines;
4-20 (2) minor office procedures;
4-21 (3) natural antibiotics;
4-22 (4) naturopathic medicine;
4-23 (5) naturopathic childbirth;
4-24 (6) naturopathic mobilization therapy;
4-25 (7) topical preparations; and
4-26 (8) naturopathic physical medicine.
4-27 (b) A person licensed as a naturopathic physician under this
5-1 Act may use for evaluation purposes:
5-2 (1) physical and orificial examinations;
5-3 (2) X-rays;
5-4 (3) electrocardiograms;
5-5 (4) therapeutic ultrasound;
5-6 (5) phlebotomy;
5-7 (6) clinical laboratory tests and examinations;
5-8 (7) physiological function tests; and
5-9 (8) the noninvasive diagnostic procedures commonly
5-10 used in general practice.
5-11 SECTION 4. POWERS AND DUTIES OF BOARD AND DEPARTMENT.
5-12 (a) The board, with the advice of the advisory committee, shall
5-13 adopt rules consistent with this Act.
5-14 (b) The department shall administer this Act, investigate
5-15 violations of this Act, prepare and administer examinations, and
5-16 perform other duties authorized by this Act.
5-17 (c) The board may adopt rules authorizing the use by
5-18 naturopathic physicians of other evaluative procedures and other
5-19 natural substances, treatments, procedures, and therapies if the
5-20 substances, treatments, procedures, and therapies are taught in
5-21 approved courses of study or used by practitioners licensed by
5-22 other entities of the state and are consistent with this Act.
5-23 (d) Chapter 2001, Government Code, applies to this Act.
5-24 SECTION 5. EXCEPTIONS. This Act does not:
5-25 (1) prevent any other professional who is licensed,
5-26 certified, or registered under the laws of this state from
5-27 providing services consistent with the professional's scope of
6-1 practice;
6-2 (2) apply to a student of naturopathy who is currently
6-3 enrolled in an approved naturopathic course of study and who
6-4 gratuitously evaluates and treats human conditions under the direct
6-5 supervision of a naturopathic physician regulated under the laws of
6-6 this state if the student's activities are within the scope of
6-7 practice of the supervising naturopathic physician and are limited
6-8 to activity consistent with the scope of practice authorized by
6-9 this Act;
6-10 (3) prohibit or restrict a person engaged in the sale
6-11 of vitamins, health foods, dietary supplements, herbs, or other
6-12 products of nature the sale of which is not otherwise prohibited
6-13 under state or federal law;
6-14 (4) prohibit a person from providing nutritional
6-15 advice, giving advice concerning proper nutrition, or giving
6-16 information as to the use and role of food and food ingredients,
6-17 including dietary supplements, except that providing nutritional
6-18 advice under this subdivision does not include the authority to
6-19 practice medicine or surgery, to undertake the treatment or cure of
6-20 a disease, pain, injury, deformity, or physical or mental
6-21 condition, or to state that a product might cure a disease, pain,
6-22 injury, deformity, or other condition; or
6-23 (5) apply to a naturopathic physician licensed in
6-24 another state, a territory of the United States, or the District of
6-25 Columbia, if the state, territory, or the District of Columbia
6-26 requires credentials equivalent to those of this Act, when the
6-27 physician is incidentally called into this state for consultation
7-1 with a naturopathic physician licensed in this state.
7-2 SECTION 6. PROHIBITED ACTS. A naturopathic physician may
7-3 not:
7-4 (1) prescribe, dispense, or administer any legend
7-5 drugs or controlled substances except those preparations authorized
7-6 by this Act or board rule;
7-7 (2) perform surgical procedures or X-ray procedures
7-8 except those procedures authorized by this Act or board rule;
7-9 (3) practice emergency care except as a samaritan
7-10 rendering gratuitous services in the case of emergency and except
7-11 for the care of minor injuries; or
7-12 (4) claim to practice allopathic medicine or surgery,
7-13 osteopathy, dentistry, podiatry, optometry, chiropractic, physical
7-14 therapy, acupuncture, or any other system or method of treatment
7-15 not authorized by this Act or board rule.
7-16 SECTION 7. DUTIES AND RESPONSIBILITIES. A naturopathic
7-17 physician has the same responsibility as any other licensed health
7-18 care provider regarding public health laws, reportable diseases and
7-19 conditions, communicable disease control and prevention, the
7-20 recording of vital statistics, health and physical examinations,
7-21 competency examinations, and local boards of health, except that
7-22 the authority under this section is limited to activity consistent
7-23 with the scope of practice authorized by this Act or board rule.
7-24 SECTION 8. LICENSE QUALIFICATIONS. (a) A person is
7-25 qualified to be licensed as a naturopathic physician if the person:
7-26 (1) completes and submits to the department an
7-27 application accompanied by the appropriate fees;
8-1 (2) is a graduate of an approved naturopathic college;
8-2 (3) has passed an examination prescribed or endorsed
8-3 by the advisory committee covering the appropriate naturopathic
8-4 subjects; and
8-5 (4) is of good moral character.
8-6 (b) A person is qualified to be licensed as a naturopathic
8-7 physician without examination if:
8-8 (1) the applicant is licensed to practice naturopathy
8-9 in another state, a territory of the United States, or the District
8-10 of Columbia under conditions and circumstances that the board finds
8-11 to be comparable to the requirements of this state for obtaining a
8-12 license to practice naturopathy and the state, the territory, or
8-13 the District of Columbia requires the successful completion of a
8-14 professional examination for the issuance of a license;
8-15 (2) the applicant has graduated from an approved
8-16 naturopathic college or, if the applicant was licensed before a
8-17 date designated by board rule, the applicant graduated from a
8-18 college approved by the advisory committee after the college was
8-19 investigated and found to meet the acceptable education standards
8-20 in existence at the time of the applicant's graduation; and
8-21 (3) the applicant produces evidence satisfactory to
8-22 the advisory committee that the applicant holds a valid,
8-23 unsuspended, and unrevoked license, has been actively engaged in
8-24 the practice of naturopathy for not less than one year, and is of
8-25 good moral character.
8-26 (c) A person may sit for the examination prescribed or
8-27 endorsed by the advisory committee under Subsection (a) of this
9-1 section and be eligible for licensure as a naturopathic physician
9-2 on the passage of the examination if, before December 1, 1997, the
9-3 person files a license application, pays the required fees, and
9-4 submits proof to the department that the person:
9-5 (1) attended a naturopathic college and received a
9-6 doctorate degree in naturopathy from the college before January 1,
9-7 1997, and the college is subsequently approved by the advisory
9-8 committee;
9-9 (2) was in practice in this state before May 1, 1997,
9-10 and that that practice included providing health care services
9-11 using natural medicines or therapies to patients in this state on a
9-12 regular and ongoing basis; and
9-13 (3) is of good moral character.
9-14 (d) A person is qualified to be licensed under this Act
9-15 without taking the examination or meeting the requirements of
9-16 Subsections (a) and (b) of this section if the person:
9-17 (1) is a resident of the state;
9-18 (2) is 21 years of age or older;
9-19 (3) provides proof acceptable to the advisory
9-20 committee that the person has been actively engaged in naturopathic
9-21 health care and has held the person out to the public as a
9-22 naturopathic physician for at least three years before January 1,
9-23 1999, or has accumulated not less than 3,080 patient contact hours
9-24 before January 1, 1999;
9-25 (4) is not licensed as a physician or chiropractor;
9-26 (5) derives the majority of the person's earned income
9-27 from the practice of naturopathy; and
10-1 (6) applies for a license under this subsection before
10-2 January 1, 1999.
10-3 (e) A person licensed under Subsection (d) of this section
10-4 may:
10-5 (1) use the title "naturopathic physician" and any
10-6 other title permitted under Subsection (a) of Section 16 of this
10-7 Act; and
10-8 (2) practice naturopathy only within the scope of
10-9 practice that reflects the limits of the person's training and
10-10 experience.
10-11 (f) The board may adopt rules providing for limitations on
10-12 the practice of a person licensed under Subsection (d) of this
10-13 section. The board may not require a person licensed under
10-14 Subsection (d) of this section to be identified as a person whose
10-15 practice is limited.
10-16 SECTION 9. EXAMINATION. (a) The advisory committee may
10-17 prescribe a nationally developed standard examination as part or
10-18 all of the examination prescribed or endorsed under Subsection (a)
10-19 of Section 8 of this Act. The board by rule shall determine the
10-20 passing criteria for the examination. The board may adopt other
10-21 rules necessary to the administration of the examination.
10-22 (b) The board shall set the fees for the examination,
10-23 reexamination of the entire examination, and reexamination of
10-24 separate components of the examination in amounts necessary to
10-25 cover the actual cost of the examination and the expenses of
10-26 administration.
10-27 SECTION 10. LICENSE FEES. The board by rule shall adopt an
11-1 initial licensing fee and annual renewal fees. Fees adopted under
11-2 this section shall be in amounts necessary to cover the costs of
11-3 administering this Act.
11-4 SECTION 11. LICENSE RENEWAL. (a) A license to practice as
11-5 a naturopathic physician must be renewed annually.
11-6 (b) To renew a license, each naturopathic physician must
11-7 submit to the department evidence of successful completion of the
11-8 required hours of continuing education from programs approved by
11-9 the board.
11-10 (c) The board shall adopt rules as to what constitutes an
11-11 approved program of continuing education and the manner in which
11-12 attendance at all approved courses, clinics, forums, lectures,
11-13 programs, or seminars is monitored, recorded, and submitted to the
11-14 department.
11-15 (d) The board may adopt other rules necessary to the
11-16 administration of license renewals.
11-17 SECTION 12. CONTINUING EDUCATION. (a) The total number of
11-18 required continuing education hours for all naturopathic physicians
11-19 is not less than 15 approved hours annually. The number and type
11-20 of required continuing education hours for a naturopathic physician
11-21 certified in naturopathic childbirth is not less than 15 approved
11-22 specialty hours in obstetrics or natural childbirth and not less
11-23 than 20 approved hours biennially for a total of not less than 35
11-24 approved hours biennially.
11-25 (b) A person who seeks to renew a license that expired
11-26 within the preceding year must comply with the continuing education
11-27 requirements for the regular renewal of the license. A person
12-1 seeking to renew a license that has been expired for more than one
12-2 year must present evidence of completion of not less than one-half
12-3 of the required hours of approved continuing education requirements
12-4 during the year preceding the date of the application for renewal.
12-5 SECTION 13. INACTIVE STATUS; RETIRED STATUS. (a) A license
12-6 holder seeking to place the person's license on inactive status
12-7 must notify the department at the time of renewal and pay a fee for
12-8 inactive status.
12-9 (b) To activate a license on inactive status, the license
12-10 holder must pay the regular renewal fee and present evidence of
12-11 having completed not less than one-half of the required hours of
12-12 approved continuing education requirements during the year
12-13 preceding the date of the application for activation.
12-14 (c) A license holder seeking to place a license on retired
12-15 status must notify the department at the time of renewal. A
12-16 license on retired status may not be reactivated.
12-17 (d) A license holder who holds a license that is on inactive
12-18 or retired status may not practice naturopathic medicine.
12-19 SECTION 14. SPECIALTY PRACTICE. (a) A naturopathic
12-20 physician may not practice naturopathic childbirth without
12-21 obtaining a certificate of specialty practice in naturopathic
12-22 childbirth. The board shall adopt rules to certify naturopathic
12-23 physicians for specialty practice.
12-24 (b) To be certified in naturopathic childbirth, a
12-25 naturopathic physician must:
12-26 (1) pass a specialty examination in obstetrics or
12-27 natural childbirth approved by the advisory committee; and
13-1 (2) comply with the requirements adopted by the board
13-2 for issuance of the specialty certification that are equivalent to
13-3 the minimum requirements, including any examination requirements,
13-4 to obtain a license to practice midwifery in this state.
13-5 (c) The advisory committee may prescribe a national
13-6 standardized examination in obstetrics or natural childbirth as
13-7 constituting the specialty examination.
13-8 SECTION 15. USE OF X-RAY. A naturopathic physician licensed
13-9 under this Act may use an X-ray in the course of the person's
13-10 practice only if the person is certified by the board as qualified
13-11 to perform X-ray procedures. The board shall adopt rules for the
13-12 issuance of a certification under this section that are equivalent
13-13 to the requirements for other health professionals to engage in the
13-14 use of X-rays.
13-15 SECTION 16. USE OF TITLES; PENALTY; INJUNCTION. (a) A
13-16 naturopathic physician may use the title "naturopathic physician"
13-17 and the recognized abbreviation for the professional degree of
13-18 "N.D." A naturopathic physician has the exclusive right to use the
13-19 terms "naturopathic physician," "doctor of naturopathic medicine,"
13-20 "doctor of naturopathy," "naturopathy," and "N.D."
13-21 (b) A person commits an offense if the person holds the
13-22 person out as a naturopathic physician, suggests that the person
13-23 practices naturopathic medicine, or uses the terms and abbreviation
13-24 described by Subsection (a) of this section without holding a
13-25 license or while the person is on retired or inactive status under
13-26 this Act.
13-27 (c) An offense under Subsection (b) of this section is a
14-1 felony of the third degree.
14-2 (d) A person who violates this section may be enjoined by
14-3 the district court on petition by the board.
14-4 SECTION 17. COMPLAINT PROCEDURE IN GENERAL. (a) The
14-5 department shall keep an information file about each complaint
14-6 filed with the department. The department's information file shall
14-7 be kept current and contain a record for each complaint of:
14-8 (1) all persons contacted in relation to the
14-9 complaint;
14-10 (2) a summary of findings made at each step of the
14-11 complaint process;
14-12 (3) an explanation of the legal basis and reason for a
14-13 complaint that is dismissed; and
14-14 (4) other relevant information.
14-15 (b) If a written complaint is filed with the department that
14-16 the department has authority to resolve, the department, at least
14-17 as frequently as quarterly and until final disposition of the
14-18 complaint, shall notify the parties to the complaint of the status
14-19 of the complaint unless the notice would jeopardize an undercover
14-20 investigation.
14-21 (c) The board by rule shall adopt a form to standardize
14-22 information concerning complaints made to the department. The
14-23 board by rule shall prescribe information to be provided to a
14-24 person when the person files a complaint with the department.
14-25 (d) The department shall provide reasonable assistance to a
14-26 person who wishes to file a complaint with the department.
14-27 SECTION 18. COMPLAINT INVESTIGATION AND DISPOSITION.
15-1 (a) The board shall adopt rules concerning the investigation of a
15-2 complaint filed with the department. The rules adopted under this
15-3 subsection shall:
15-4 (1) distinguish between categories of complaints;
15-5 (2) ensure that complaints are not dismissed without
15-6 appropriate consideration;
15-7 (3) require that the advisory committee be advised of
15-8 a complaint that is dismissed and that a letter be sent to the
15-9 person who filed the complaint explaining the action taken on the
15-10 dismissed complaint;
15-11 (4) ensure that the person who filed the complaint has
15-12 an opportunity to explain the allegations made in the complaint;
15-13 and
15-14 (5) prescribe guidelines concerning the categories of
15-15 complaints that require the use of a private investigator and the
15-16 procedures for the advisory committee to obtain the services of a
15-17 private investigator.
15-18 (b) The department shall dispose of all complaints in a
15-19 timely manner.
15-20 SECTION 19. DISCIPLINE OF LICENSE HOLDER. (a) A license to
15-21 practice naturopathy may be denied or, after notice and hearing,
15-22 suspended, probated, or revoked if the applicant for a license or
15-23 the holder of a license:
15-24 (1) uses drugs or intoxicating liquors to an extent
15-25 that affects the person's professional competence;
15-26 (2) obtains or attempts to obtain a license by fraud
15-27 or deception;
16-1 (3) is adjudged mentally incompetent by a court of
16-2 competent jurisdiction;
16-3 (4) practices naturopathy in a manner detrimental to
16-4 the public health and welfare;
16-5 (5) violates this Act or a rule adopted under this
16-6 Act;
16-7 (6) is convicted of a felony or a crime involving
16-8 moral turpitude; or
16-9 (7) holds the person out as a physician or surgeon or
16-10 any combination or derivative of those terms unless the person is
16-11 also licensed under the Medical Practice Act (Article 4495b,
16-12 Vernon's Texas Civil Statutes) as a physician or surgeon.
16-13 (b) If a license suspension is probated, the department may
16-14 require the license holder:
16-15 (1) to report regularly to the department on matters
16-16 that are the basis of the probation;
16-17 (2) to limit practice to the areas prescribed by the
16-18 department; or
16-19 (3) to continue the person's professional education
16-20 until the license holder attains a degree of skill satisfactory to
16-21 the department in those areas that are the basis of the probation.
16-22 (c) A person whose application for a license is denied or
16-23 whose license is suspended or revoked is entitled to a hearing
16-24 before the department if the person submits a written request to
16-25 the department. Hearings are governed by the board rules for a
16-26 contested hearing and by Chapter 2001, Government Code.
16-27 SECTION 20. NATUROPATHIC PHYSICIANS ADVISORY COMMITTEE. (a)
17-1 The Naturopathic Physicians Advisory Committee is created as an
17-2 advisory committee to the board. The board shall appoint nine
17-3 members who must have the following qualifications:
17-4 (1) three must be representatives of the general
17-5 public;
17-6 (2) two must be physicians licensed in this state;
17-7 (3) one must be a chiropractor licensed in this state;
17-8 and
17-9 (4) three must be naturopathic physicians licensed
17-10 under this Act.
17-11 (b) Members are appointed for staggered terms of six years,
17-12 with three members' terms expiring January 1 of each even-numbered
17-13 year. If a vacancy occurs on the advisory committee, the board
17-14 shall appoint a person having the appropriate qualifications to
17-15 serve the unexpired part of the term.
17-16 (c) The advisory committee may adopt rules for the conduct
17-17 of its activities and shall elect a presiding officer from among
17-18 its members. The advisory committee shall meet at least once each
17-19 calendar year and shall meet at other times at the call of the
17-20 presiding officer as necessary to transact its business.
17-21 (d) The members of the advisory committee may not receive
17-22 compensation, but a member is entitled to receive the per diem and
17-23 travel allowance authorized by the General Appropriations Act for
17-24 state employees.
17-25 (e) The advisory committee shall recommend for the
17-26 consideration of the board rules to implement standards adopted
17-27 under this Act and perform other duties assigned by the board.
18-1 (f) The advisory committee shall recommend for the approval
18-2 of the department examinations required by this Act.
18-3 (g) A naturopathic physician member of the advisory
18-4 committee may be licensed as a member of another health profession
18-5 regulated or licensed by the state.
18-6 SECTION 21. CONFORMING AMENDMENT. Subsection (b), Section
18-7 3.06, Medical Practice Act (Article 4495b, Vernon's Texas Civil
18-8 Statutes), is amended to read as follows:
18-9 (b) This Act does not apply to:
18-10 (1) dentists, duly qualified and registered under the
18-11 laws of this state who confine their practice strictly to
18-12 dentistry;
18-13 (2) duly licensed optometrists who confine their
18-14 practice strictly to optometry as defined by law;
18-15 (3) duly licensed chiropractors who confine their
18-16 practice strictly to chiropractic as defined by law;
18-17 (4) registered or professional nurses and licensed
18-18 vocational nurses registered or licensed under the laws of this
18-19 state who confine their practice strictly within the provisions of
18-20 such applicable licensing Acts and the laws of this state;
18-21 (5) duly licensed podiatrists who confine their
18-22 practice strictly to podiatry as defined by law;
18-23 (6) duly licensed or certified psychologists who
18-24 confine their activities or practice strictly to psychology as
18-25 defined by law;
18-26 (7) duly licensed physical therapists who confine
18-27 their activities or practice strictly to physical therapy and who
19-1 are not in violation of any law relating to physical therapy
19-2 practice;
19-3 (8) commissioned or contract surgeons of the uniformed
19-4 services of the United States or in the Public Health Service in
19-5 the performance of their duties and not engaged in private
19-6 practice;
19-7 (9) any person furnishing medical assistance in case
19-8 of an emergency or disaster situation if no charge is made for the
19-9 medical assistance;
19-10 (10) a student in training in a medical school
19-11 approved by the board while performing the duties assigned in the
19-12 course of training, providing the duties are performed under the
19-13 supervision of a licensed practitioner, except that medical
19-14 residents, interns, and fellows shall be required to register and
19-15 be subject to the other applicable provisions of this Act;
19-16 (11) a legally qualified physician of another state
19-17 who is in this state for consultation with physicians licensed in
19-18 this state but who does not:
19-19 (A) have an office in this state; or
19-20 (B) appoint a place in this state for seeing,
19-21 examining, or treating patients; [or]
19-22 (12) a licensed naturopathic physician who confines
19-23 the physician's practice strictly to naturopathy as defined by law;
19-24 or
19-25 (13) any other activities that the board may designate
19-26 as exempt from the application of this Act.
19-27 SECTION 22. CONFORMING AMENDMENT. Subsection (a), Section
20-1 3, Licensed Professional Counselor Act (Article 4512g, Vernon's
20-2 Texas Civil Statutes), is amended to read as follows:
20-3 (a) Except as provided by Subsection (b) of this section,
20-4 this Act does not apply to:
20-5 (1) the activities and services of or use of an
20-6 official title by a person employed as a counselor by a federal,
20-7 state, county, or municipal agency or public or private educational
20-8 institution, if the person is performing counseling or
20-9 counseling-related activities within the scope of his employment;
20-10 (2) the activities and services of a student, intern,
20-11 or trainee in counseling pursuing a course of study in counseling
20-12 in a regionally accredited institution of higher education or
20-13 training institution, if these activities and services constitute a
20-14 part of the supervised course of study and the person is designated
20-15 a "counselor intern";
20-16 (3) the activities and services of a nonresident
20-17 rendered not more than 30 days during any year, if the person is
20-18 authorized to perform the activities and services under the law of
20-19 the state or country of his residence;
20-20 (4) the activities and services of members of other
20-21 professions licensed or certified by the state, such as physicians,
20-22 registered nurses, psychologists, licensed [certified] social
20-23 workers, licensed marriage and family therapists, licensed chemical
20-24 dependency counselors, licensed naturopathic physicians, licensed
20-25 physician assistants, licensed occupational therapists, licensed
20-26 optometrists in the evaluation and remediation of learning or
20-27 behavioral disabilities associated with or caused by a defective or
21-1 abnormal condition of vision, Christian Science practitioners who
21-2 are recognized by the Church of Christ Scientist as registered and
21-3 published in the Christian Science Journal, or other recognized
21-4 religious practitioners performing counseling consistent with the
21-5 law of the state, their training, and any code of ethics of their
21-6 professions, if they do not represent themselves by any title or
21-7 description in the manner prescribed by Section 2 of this Act;
21-8 (5) the activities, services, titles, and descriptions
21-9 of persons licensed to practice law;
21-10 (6) the activities, services, titles, and descriptions
21-11 of persons employed as professionals or who are volunteers in the
21-12 practice of counseling for public and private nonprofit
21-13 organizations or charities who are accountable to the persons'
21-14 sponsoring organization and do not use the title or hold themselves
21-15 out to be licensed counselors; or
21-16 (7) persons owning, operating, or employed by a
21-17 certified career counseling service regulated under Chapter 222,
21-18 Acts of the 70th Legislature, Regular Session, 1987 (Article
21-19 5221a-8, Vernon's Texas Civil Statutes).
21-20 SECTION 23. INITIAL APPOINTMENTS TO ADVISORY COMMITTEE. In
21-21 appointing the initial naturopathic physician members of the
21-22 Naturopathic Physicians Advisory Committee, the board, in lieu of
21-23 appointing members who are naturopathic physicians licensed under
21-24 this Act, shall appoint three members who are qualified and have
21-25 applied for licenses as naturopathic physicians under this Act.
21-26 SECTION 24. EFFECTIVE DATE. This Act takes effect September
21-27 1, 1997.
22-1 SECTION 25. EMERGENCY. The importance of this legislation
22-2 and the crowded condition of the calendars in both houses create an
22-3 emergency and an imperative public necessity that the
22-4 constitutional rule requiring bills to be read on three several
22-5 days in each house be suspended, and this rule is hereby suspended.