By Luna S.B. No. 257
75R2580 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of naturopathic
1-3 medicine; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. PURPOSE. The legislature finds that a
1-6 significant number of the citizens of this state are turning to
1-7 naturopathic physicians for their health care needs and declares
1-8 that naturopathic medicine is a distinct health care profession
1-9 that affects the public health, safety, and welfare and provides
1-10 the public with freedom of choice in health care. The purpose of
1-11 this Act is to provide standards for the licensing and regulation
1-12 of naturopathic medicine to protect the public health, safety, and
1-13 welfare and to provide a means of identifying qualified
1-14 naturopathic physicians.
1-15 SECTION 2. DEFINITIONS. In this Act:
1-16 (1) "Approved naturopathic college" means a college
1-17 or program granting the degree of doctor of naturopathy, doctor of
1-18 naturopathic health care, or doctor of naturopathic medicine that:
1-19 (A) is accredited by an agency recognized by the
1-20 federal government or approved by the board;
1-21 (B) has candidate for accreditation status with
1-22 the accrediting agency; or
1-23 (C) has been approved by the board after the
1-24 college or program was investigated and found to meet education
2-1 standards equivalent to those established by the accrediting
2-2 agency.
2-3 (2) "Board" means the Texas Board of Health.
2-4 (3) "Department" means the Texas Department of Health.
2-5 (4) "Diagnose" means to examine in any manner another
2-6 person, parts of a person's body, or substances, fluids, or
2-7 materials excreted, taken, or removed from a person's body or
2-8 produced by a person's body to determine the source, kind, or
2-9 extent of a disease or other physical condition.
2-10 (5) "Minor office procedure" means the use of
2-11 operative, electrical, or other methods for the repair and care
2-12 incidental to superficial lacerations and abrasions, the removal of
2-13 foreign bodies located in superficial tissues, and the use of
2-14 antiseptics and local anesthetics in connection with these methods.
2-15 The term includes the use of local anesthesia applied topically or
2-16 by injection, whether natural or prescription, in superficial
2-17 tissues associated with the performance of minor office procedures.
2-18 The term does not include general or spinal anesthesia, major
2-19 surgery, surgery of the body cavities, or specialized surgeries,
2-20 including plastic surgery or surgery involving the eyes, tendons,
2-21 ligaments, or major blood vessels.
2-22 (6) "Natural antibiotics" means antimicrobial,
2-23 antifungal, and antiprotozoal agents that are naturally occurring
2-24 substances or manufactured substances that are substantially
2-25 identical to the naturally occurring substances.
2-26 (7) "Natural medicines" means food, food extracts,
2-27 dietary supplements as defined by the Federal Food, Drug, and
3-1 Cosmetic Act, homeopathic remedies, plant substances that are not
3-2 designated as prescription drugs or controlled substances,
3-3 over-the-counter medications, prescriptions that are consistent
3-4 with the competent practice of naturopathy, and substances prepared
3-5 according to the Homeopathic Pharmacopeia of the United States.
3-6 (8) "Naturopathic medicine" means a system of primary
3-7 health care practiced by naturopathic physicians for the
3-8 prevention, evaluation, and care of human health conditions that
3-9 uses education, natural substances, and remedies to support and
3-10 stimulate the individual's intrinsic self-healing processes.
3-11 (9) "Naturopathic childbirth" means uncomplicated
3-12 natural childbirth assisted by a naturopathic physician. The term
3-13 includes the use of natural substances, ophthalmic antibiotics,
3-14 emergency childbirth medicines, and simple uncomplicated
3-15 episiotomies, but does not include the use of forceps delivery,
3-16 general or spinal anesthesia, cesarean section, or induced
3-17 abortion.
3-18 (10) "Naturopathic mobilization therapy" means
3-19 manually administering mechanical treatment of body structures or
3-20 tissues for the purpose of restoring normal physiological function
3-21 of the body by normalizing and balancing the musculoskeletal system
3-22 of the body.
3-23 (11) "Naturopathic physician" means a person who holds
3-24 the person out to the public as licensed to practice naturopathic
3-25 medicine or who practices naturopathic medicine under this Act.
3-26 (12) "Naturopathic physical medicine" means the use of
3-27 the physical agents of air, water, heat, cold, sound, light, and
4-1 electromagnetic nonionizing radiation and the physical modalities
4-2 of electrotherapy, biofeedback, diathermy, ultraviolet light,
4-3 ultrasound, hydrotherapy, naturopathic mobilization therapy, and
4-4 exercise. The term does not include the practice of physical
4-5 therapy, acupuncture, or chiropractic.
4-6 (13) "Practice of naturopathy" means a system of
4-7 primary health care for the prevention, diagnosis, and care of
4-8 human conditions, injuries, and diseases that uses education,
4-9 natural substances, and natural therapies to support and stimulate
4-10 the patient's intrinsic self-healing processes.
4-11 (14) "Topical preparations" means topical analgesics,
4-12 anesthetics, antiseptics, scabicides, antifungals, and
4-13 antibacterials.
4-14 SECTION 3. AUTHORIZED ACTIVITIES. (a) A person licensed as
4-15 a naturopathic physician under this Act may use for preventive and
4-16 therapeutic purposes the following preparations and therapies:
4-17 (1) natural medicine;
4-18 (2) minor office procedures;
4-19 (3) natural antibiotics;
4-20 (4) naturopathic medicine;
4-21 (5) naturopathic childbirth;
4-22 (6) naturopathic mobilization therapy;
4-23 (7) topical preparations; and
4-24 (8) naturopathic physical medicine.
4-25 (b) A person licensed as a naturopathic physician under this
4-26 Act may use for evaluation purposes:
4-27 (1) physical and orificial examinations;
5-1 (2) X-rays;
5-2 (3) electrocardiograms;
5-3 (4) ultrasound;
5-4 (5) phlebotomy;
5-5 (6) clinical laboratory tests and examinations;
5-6 (7) physiological function tests; and
5-7 (8) the noninvasive diagnostic procedures commonly
5-8 used in general practice.
5-9 SECTION 4. POWERS AND DUTIES OF BOARD AND DEPARTMENT.
5-10 (a) The board, with the advice of the Naturopathic Physicians
5-11 Advisory Committee, shall adopt rules consistent with this Act.
5-12 (b) The department shall administer this Act, investigate
5-13 violations of this Act, prepare and administer examinations, and
5-14 perform other duties authorized by this Act.
5-15 (c) The board may adopt rules authorizing the use by
5-16 naturopathic physicians of other evaluative procedures and other
5-17 natural substances, treatments, procedures, and therapies if the
5-18 substances, treatments, procedures, and therapies are taught in
5-19 approved courses of study or used by practitioners licensed by
5-20 other entities of the state and are consistent with this Act.
5-21 (d) Chapter 2001, Government Code, applies to this Act.
5-22 SECTION 5. EXCEPTIONS. This Act does not:
5-23 (1) prevent any other professional who is licensed,
5-24 certified, or registered under the laws of this state from
5-25 providing services consistent with the professional's scope of
5-26 practice;
5-27 (2) apply to a student of naturopathy who is currently
6-1 enrolled in an approved naturopathic course of study and who
6-2 gratuitously evaluates and treats human conditions under the direct
6-3 supervision of a naturopathic physician regulated under the laws of
6-4 this state if the student's activities are within the scope of
6-5 practice of the supervising naturopathic physician and are limited
6-6 to activity consistent with the scope of practice authorized by
6-7 this Act;
6-8 (3) prohibit or restrict a person engaged in the sale
6-9 of vitamins, health foods, dietary supplements, herbs, or other
6-10 products of nature the sale of which is not otherwise prohibited
6-11 under state or federal law;
6-12 (4) prohibit a person from providing nutritional
6-13 advice, giving advice concerning proper nutrition, or giving
6-14 information as to the use and role of food and food ingredients,
6-15 including dietary supplements, except that providing nutritional
6-16 advice under this subdivision does not include the authority to
6-17 practice medicine or surgery, to undertake the prevention,
6-18 treatment, or cure of a disease, pain, injury, deformity, or
6-19 physical or mental condition, or to state that a product might cure
6-20 a disease, pain, injury, deformity, or other condition; or
6-21 (5) apply to a naturopathic physician licensed in
6-22 another state, a territory of the United States, or the District of
6-23 Columbia, if the state, territory, or the District of Columbia
6-24 requires credentials equivalent to those of this Act, when the
6-25 physician is incidentally called into this state for consultation
6-26 with a naturopathic physician licensed in this state.
6-27 SECTION 6. PROHIBITED ACTS. A naturopathic physician may
7-1 not:
7-2 (1) prescribe, dispense, or administer any legend
7-3 drugs or controlled substances except those preparations authorized
7-4 by this Act or board rule;
7-5 (2) perform surgical procedures or X-ray procedures
7-6 except those procedures authorized by this Act or board rule;
7-7 (3) practice emergency care except as a samaritan
7-8 rendering gratuitous services in the case of emergency and except
7-9 for the care of minor injuries; or
7-10 (4) claim to practice allopathic medicine or surgery,
7-11 osteopathy, dentistry, podiatry, optometry, chiropractic, physical
7-12 therapy, acupuncture, or any other system or method of treatment
7-13 not authorized by this Act or board rule.
7-14 SECTION 7. DUTIES AND RESPONSIBILITIES. A naturopathic
7-15 physician has the same responsibility as any other licensed health
7-16 care provider regarding public health laws, reportable diseases and
7-17 conditions, communicable disease control and prevention, the
7-18 recording of vital statistics, health and physical examinations,
7-19 competency examinations, and local boards of health, except that
7-20 the authority under this section is limited to activity consistent
7-21 with the scope of practice authorized by this Act or board rule.
7-22 SECTION 8. LICENSE QUALIFICATIONS. (a) A person is
7-23 qualified to be licensed as a naturopathic physician if the person:
7-24 (1) completes and submits to the department an
7-25 application accompanied by the appropriate fees;
7-26 (2) is a graduate of an approved naturopathic college;
7-27 (3) has passed an examination prescribed or endorsed
8-1 by the board covering the appropriate naturopathic subjects; and
8-2 (4) is of good moral character.
8-3 (b) A person is qualified to be licensed as a naturopathic
8-4 physician without examination if:
8-5 (1) the applicant is licensed to practice naturopathy
8-6 in another state, a territory of the United States, or the District
8-7 of Columbia under conditions and circumstances that the board finds
8-8 to be comparable to the requirements of this state for obtaining a
8-9 license to practice naturopathy and the state, the territory, or
8-10 the District of Columbia requires the successful completion of a
8-11 professional examination for the issuance of a license;
8-12 (2) the applicant has graduated from an approved
8-13 naturopathic college or, if the applicant was licensed before a
8-14 date designated by board rule, the applicant graduated from a
8-15 college approved by the board after the college was investigated
8-16 and found to meet the acceptable education standards in existence
8-17 at the time of the applicant's graduation; and
8-18 (3) the applicant produces evidence satisfactory to
8-19 the board that the applicant holds a valid, unsuspended, and
8-20 unrevoked license, has been actively engaged in the practice of
8-21 naturopathy for not less than one year, and is of good moral
8-22 character.
8-23 (c) A person may sit for the examination prescribed or
8-24 endorsed by the board under Subsection (a) of this section and be
8-25 eligible for licensure as a naturopathic physician on the passage
8-26 of the examination if, before December 1, 1997, the person files a
8-27 license application, pays the required fees, and submits proof to
9-1 the department that the person:
9-2 (1) attended a naturopathic college and received a
9-3 doctorate degree in naturopathy from the college before January 1,
9-4 1997, and the college is subsequently approved by the board;
9-5 (2) was in practice in this state before May 1, 1997,
9-6 and that practice included providing health care services using
9-7 natural medicines or therapies to patients in this state on a
9-8 regular and ongoing basis; and
9-9 (3) is of good moral character.
9-10 (d) A person is qualified to be licensed under this Act
9-11 without taking the examination if the person:
9-12 (1) is a resident of the state;
9-13 (2) is 21 years of age or older;
9-14 (3) provides proof acceptable to the board that the
9-15 person has been actively engaged in naturopathic health care and
9-16 has held the person out to the public as a naturopathic physician
9-17 for at least three years before January 1, 1999, or has accumulated
9-18 not less than 3,080 patient contact hours before January 1, 1999;
9-19 (4) is not licensed as a physician or chiropractor;
9-20 (5) derives the majority of the person's earned income
9-21 from the practice of naturopathy; and
9-22 (6) applies for a license under this subsection before
9-23 January 1, 1999.
9-24 (e) A person licensed under Subsection (d) of this section
9-25 may:
9-26 (1) use the title "naturopathic physician" and any
9-27 other title permitted under Section 16(a) of this Act; and
10-1 (2) practice naturopathy only within the scope of
10-2 practice that reflects the limits of the person's training and
10-3 experience.
10-4 (f) The board may adopt rules providing for limitations on
10-5 the practice of a person licensed under Subsection (d) of this
10-6 section. The board may not require a person licensed under
10-7 Subsection (d) of this section to be identified as a person whose
10-8 practice is limited.
10-9 SECTION 9. EXAMINATION. (a) The board may prescribe a
10-10 nationally developed standard examination as part or all of the
10-11 examination prescribed or endorsed under Section 8(a) of this Act.
10-12 The board by rule shall determine the passing criteria for the
10-13 examination. The board may adopt other rules necessary to the
10-14 administration of the examination.
10-15 (b) The board shall set the fees for the examination,
10-16 reexamination of the entire examination, and reexamination of
10-17 separate components of the examination in amounts necessary to
10-18 cover the actual cost of the examination and the expenses of
10-19 administration.
10-20 SECTION 10. LICENSE FEES. The board, by rule, shall adopt
10-21 an initial licensing fee and annual renewal fees. Fees adopted
10-22 under this section shall be in amounts necessary to cover the costs
10-23 of administering this Act.
10-24 SECTION 11. LICENSE RENEWAL. (a) A license to practice as
10-25 a naturopathic physician must be renewed annually.
10-26 (b) To renew a license, each naturopathic physician must
10-27 submit to the department evidence of successful completion of the
11-1 required hours of continuing education from programs approved by
11-2 the board.
11-3 (c) The board shall adopt rules as to what constitutes an
11-4 approved program of continuing education and the manner in which
11-5 attendance at all approved courses, clinics, forums, lectures,
11-6 programs, or seminars is monitored, recorded, and submitted to the
11-7 department.
11-8 (d) The board may adopt other rules necessary to the
11-9 administration of license renewals.
11-10 SECTION 12. CONTINUING EDUCATION. (a) The total number of
11-11 required continuing education hours for all naturopathic physicians
11-12 is not less than 30 approved hours biennially. The number and type
11-13 of required continuing education hours for a naturopathic physician
11-14 certified in naturopathic childbirth is not less than 15 approved
11-15 specialty hours in obstetrics or natural childbirth and not less
11-16 than 20 approved hours biennially for a total of not less than 35
11-17 approved hours biennially.
11-18 (b) A person who seeks to renew a license that expired
11-19 within the preceding year must comply with the continuing education
11-20 requirements for the regular renewal of the license. A person
11-21 seeking to renew a license that has been expired for more than one
11-22 year must present evidence of completion of not less than one-half
11-23 of the required hours of approved continuing education requirements
11-24 during the year preceding the date of the application for renewal.
11-25 SECTION 13. INACTIVE STATUS; RETIRED STATUS. (a) A license
11-26 holder seeking to place the person's license on inactive status
11-27 must notify the department at the time of renewal and pay a fee for
12-1 inactive status.
12-2 (b) To activate a license on inactive status, the license
12-3 holder must pay the regular renewal fee and present evidence of
12-4 having completed not less than one-half of the required hours of
12-5 approved continuing education requirements during the year
12-6 preceding the date of the application for activation.
12-7 (c) A license holder seeking to place a license on retired
12-8 status must notify the department at the time of renewal. A
12-9 license on retired status may not be reactivated.
12-10 (d) A license holder who holds a license that is on inactive
12-11 or retired status may not practice naturopathic medicine.
12-12 SECTION 14. SPECIALTY PRACTICE. (a) A naturopathic
12-13 physician may not practice naturopathic childbirth without
12-14 obtaining a certificate of specialty practice in naturopathic
12-15 childbirth. The board shall adopt rules to certify naturopathic
12-16 physicians for specialty practice.
12-17 (b) To be certified in naturopathic childbirth, a
12-18 naturopathic physician must:
12-19 (1) pass a specialty examination in obstetrics or
12-20 natural childbirth approved by the board; and
12-21 (2) comply with the requirements adopted by the board
12-22 for issuance of the specialty certification that are equivalent to
12-23 the minimum requirements, including any examination requirements,
12-24 to obtain a license to practice midwifery in this state.
12-25 (c) The board may prescribe a national standardized
12-26 examination in obstetrics or natural childbirth as constituting the
12-27 specialty examination.
13-1 SECTION 15. USE OF X-RAY. A naturopathic physician licensed
13-2 under this Act may use an X-ray in the course of the person's
13-3 practice only if the person is certified by the board as qualified
13-4 to perform X-ray procedures. The board shall adopt rules for the
13-5 issuance of a certification under this section that are equivalent
13-6 to the requirements for other health professionals to engage in the
13-7 use of X-rays.
13-8 SECTION 16. USE OF TITLES; PENALTY; INJUNCTION. (a) A
13-9 naturopathic physician may use the title "naturopathic physician"
13-10 and the recognized abbreviation for the professional degree of
13-11 "N.D." A naturopathic physician has the exclusive right to use the
13-12 terms "naturopathic physician," "doctor of naturopathic medicine,"
13-13 "doctor of naturopathy," "naturopathic medicine," "naturopathic
13-14 health care," "naturopathy," and "N.D."
13-15 (b) A person commits an offense if the person holds the
13-16 person out as a naturopathic physician, suggests that the person
13-17 practices naturopathic medicine, or uses the terms and abbreviation
13-18 described by Subsection (a) of this section without holding a
13-19 license or while the person is on retired or inactive status under
13-20 this Act.
13-21 (c) An offense under Subsection (b) of this section is a
13-22 Class B misdemeanor.
13-23 (d) A person who violates this section may be enjoined by
13-24 the district court on petition by the board.
13-25 SECTION 17. DISCIPLINARY ACTIONS. A person licensed under
13-26 this Act who engages in the practice of naturopathy in violation of
13-27 this Act or a rule adopted under this Act is subject to
14-1 disciplinary measures and may be subject to a refusal to renew the
14-2 person's license, the imposition of a limitation on the person's
14-3 license, or the revocation or suspension of the license.
14-4 SECTION 18. NATUROPATHIC PHYSICIANS ADVISORY COMMITTEE. (a)
14-5 The Naturopathic Physicians Advisory Committee is created as an
14-6 advisory committee to the board. The board shall appoint nine
14-7 members who must have the following qualifications:
14-8 (1) three must be representatives of the general
14-9 public;
14-10 (2) two must be physicians licensed in this state;
14-11 (3) one must be a chiropractor licensed in this state;
14-12 and
14-13 (4) three must be naturopathic physicians licensed
14-14 under this Act.
14-15 (b) Members are appointed for staggered terms of six years,
14-16 with three members' terms expiring January 1 of each even-numbered
14-17 year. If a vacancy occurs on the advisory committee, the board
14-18 shall appoint a person having the appropriate qualifications to
14-19 serve the unexpired part of the term.
14-20 (c) The advisory committee may adopt rules for the conduct
14-21 of its activities and shall elect a presiding officer from among
14-22 its members. The advisory committee shall meet at least once each
14-23 calendar year and shall meet at other times at the call of the
14-24 presiding officer as necessary to transact its business.
14-25 (d) The members of the advisory committee may not receive
14-26 compensation, but a member is entitled to receive the per diem and
14-27 travel allowance authorized by the General Appropriations Act for
15-1 state employees.
15-2 (e) The advisory committee shall recommend for the
15-3 consideration of the board rules to implement standards adopted
15-4 under this Act and perform other duties assigned by the board.
15-5 (f) The advisory committee shall recommend for the approval
15-6 of the department examinations required by this Act.
15-7 (g) A naturopathic physician member of the advisory
15-8 committee may not be licensed as a member of another health
15-9 profession regulated or licensed by the state.
15-10 SECTION 19. CONFORMING AMENDMENT. Section 3.06(b), Medical
15-11 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), is
15-12 amended to read as follows:
15-13 (b) This Act does not apply to:
15-14 (1) dentists, duly qualified and registered under the
15-15 laws of this state who confine their practice strictly to
15-16 dentistry;
15-17 (2) duly licensed optometrists who confine their
15-18 practice strictly to optometry as defined by law;
15-19 (3) duly licensed chiropractors who confine their
15-20 practice strictly to chiropractic as defined by law;
15-21 (4) registered or professional nurses and licensed
15-22 vocational nurses registered or licensed under the laws of this
15-23 state who confine their practice strictly within the provisions of
15-24 such applicable licensing Acts and the laws of this state;
15-25 (5) duly licensed podiatrists who confine their
15-26 practice strictly to podiatry as defined by law;
15-27 (6) duly licensed or certified psychologists who
16-1 confine their activities or practice strictly to psychology as
16-2 defined by law;
16-3 (7) duly licensed physical therapists who confine
16-4 their activities or practice strictly to physical therapy and who
16-5 are not in violation of any law relating to physical therapy
16-6 practice;
16-7 (8) commissioned or contract surgeons of the uniformed
16-8 services of the United States or in the Public Health Service in
16-9 the performance of their duties and not engaged in private
16-10 practice;
16-11 (9) any person furnishing medical assistance in case
16-12 of an emergency or disaster situation if no charge is made for the
16-13 medical assistance;
16-14 (10) a student in training in a medical school
16-15 approved by the board while performing the duties assigned in the
16-16 course of training, providing the duties are performed under the
16-17 supervision of a licensed practitioner, except that medical
16-18 residents, interns, and fellows shall be required to register and
16-19 be subject to the other applicable provisions of this Act;
16-20 (11) a legally qualified physician of another state
16-21 who is in this state for consultation with physicians licensed in
16-22 this state but who does not:
16-23 (A) have an office in this state; or
16-24 (B) appoint a place in this state for seeing,
16-25 examining, or treating patients; [or]
16-26 (12) a licensed naturopathic physician who confines
16-27 the physician's practice strictly to naturopathy as defined by law;
17-1 or
17-2 (13) any other activities that the board may designate
17-3 as exempt from the application of this Act.
17-4 SECTION 20. CONFORMING AMENDMENT. Section 3(a), Licensed
17-5 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
17-6 Statutes), is amended to read as follows:
17-7 (a) Except as provided by Subsection (b) of this section,
17-8 this Act does not apply to:
17-9 (1) the activities and services of or use of an
17-10 official title by a person employed as a counselor by a federal,
17-11 state, county, or municipal agency or public or private educational
17-12 institution, if the person is performing counseling or
17-13 counseling-related activities within the scope of his employment;
17-14 (2) the activities and services of a student, intern,
17-15 or trainee in counseling pursuing a course of study in counseling
17-16 in a regionally accredited institution of higher education or
17-17 training institution, if these activities and services constitute a
17-18 part of the supervised course of study and the person is designated
17-19 a "counselor intern";
17-20 (3) the activities and services of a nonresident
17-21 rendered not more than 30 days during any year, if the person is
17-22 authorized to perform the activities and services under the law of
17-23 the state or country of his residence;
17-24 (4) the activities and services of members of other
17-25 professions licensed or certified by the state, such as physicians,
17-26 registered nurses, psychologists, certified social workers,
17-27 licensed marriage and family therapists, licensed chemical
18-1 dependency counselors, licensed naturopathic physicians, licensed
18-2 physician assistants, licensed occupational therapists, licensed
18-3 optometrists in the evaluation and remediation of learning or
18-4 behavioral disabilities associated with or caused by a defective or
18-5 abnormal condition of vision, Christian Science practitioners who
18-6 are recognized by the Church of Christ Scientist as registered and
18-7 published in the Christian Science Journal, or other recognized
18-8 religious practitioners performing counseling consistent with the
18-9 law of the state, their training, and any code of ethics of their
18-10 professions, if they do not represent themselves by any title or
18-11 description in the manner prescribed by Section 2 of this Act;
18-12 (5) the activities, services, titles, and descriptions
18-13 of persons licensed to practice law;
18-14 (6) the activities, services, titles, and descriptions
18-15 of persons employed as professionals or who are volunteers in the
18-16 practice of counseling for public and private nonprofit
18-17 organizations or charities who are accountable to the persons'
18-18 sponsoring organization and do not use the title or hold themselves
18-19 out to be licensed counselors; or
18-20 (7) persons owning, operating, or employed by a
18-21 certified career counseling service regulated under Chapter 222,
18-22 Acts of the 70th Legislature, Regular Session, 1987 (Article
18-23 5221a-8, Vernon's Texas Civil Statutes).
18-24 SECTION 21. CONFORMING AMENDMENT. Section 5(39), Texas
18-25 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), is
18-26 amended to read as follows:
18-27 (39) "Practitioner" means:
19-1 (A) a physician, dentist, podiatrist, or
19-2 veterinarian, a naturopathic physician to the extent permitted by
19-3 rules adopted by the Texas Board of Health, or another [other]
19-4 person licensed or registered to prescribe, distribute, administer,
19-5 or dispense a prescription drug or device in the course of
19-6 professional practice in this state;
19-7 (B) a person licensed by another state in a
19-8 health field in which, under Texas law, licensees in this state may
19-9 legally prescribe dangerous drugs or a person practicing in another
19-10 state and licensed by another state as a physician, dentist,
19-11 veterinarian, or podiatrist, having a current Federal Drug
19-12 Enforcement Administration registration number, and who may legally
19-13 prescribe Schedule II, III, IV, or V controlled substances in such
19-14 other state; or
19-15 (C) a person licensed in the Dominion of Canada
19-16 or the United Mexican States in a health field in which, under the
19-17 laws of this state, a licensee may legally prescribe dangerous
19-18 drugs. "Practitioner" does not include a person licensed under
19-19 this Act.
19-20 SECTION 22. CONFORMING AMENDMENT. Section 481.002(39),
19-21 Health and Safety Code, is amended to read as follows:
19-22 (39) "Practitioner" means:
19-23 (A) a physician, dentist, veterinarian,
19-24 podiatrist, or scientific investigator, a naturopathic physician to
19-25 the extent permitted by rules adopted by the Texas Board of Health,
19-26 or another [other] person licensed, registered, or otherwise
19-27 permitted to distribute, dispense, analyze, conduct research with
20-1 respect to, or administer a controlled substance in the course of
20-2 professional practice or research in this state;
20-3 (B) a pharmacy, hospital, or other institution
20-4 licensed, registered, or otherwise permitted to distribute,
20-5 dispense, conduct research with respect to, or administer a
20-6 controlled substance in the course of professional practice or
20-7 research in this state; or
20-8 (C) a person practicing in and licensed by
20-9 another state as a physician, dentist, veterinarian, or podiatrist,
20-10 having a current Federal Drug Enforcement Administration
20-11 registration number, who may legally prescribe Schedule II, III,
20-12 IV, or V controlled substances in that state.
20-13 SECTION 23. CONFORMING AMENDMENT. Section 483.001(12),
20-14 Health and Safety Code, is amended to read as follows:
20-15 (12) "Practitioner" means a person licensed:
20-16 (A) by the Texas State Board of Medical
20-17 Examiners, State Board of Dental Examiners, Texas State Board of
20-18 Podiatric Medical Examiners, Texas Optometry Board, Texas Board of
20-19 Health as a naturopathic physician to the extent permitted by rules
20-20 adopted by the board, or State Board of Veterinary Medical
20-21 Examiners to prescribe and administer dangerous drugs;
20-22 (B) by another state in a health field in which,
20-23 under the laws of this state, a licensee may legally prescribe
20-24 dangerous drugs; or
20-25 (C) in Canada or Mexico in a health field in
20-26 which, under the laws of this state, a licensee may legally
20-27 prescribe dangerous drugs.
21-1 SECTION 24. INITIAL APPOINTMENTS TO ADVISORY COMMITTEE. In
21-2 appointing the initial naturopathic physician members of the
21-3 Naturopathic Physicians Advisory Committee, the board, in lieu of
21-4 appointing members who are naturopathic physicians licensed under
21-5 this Act, shall appoint three members who are qualified and have
21-6 applied for licenses as naturopathic physicians under this Act.
21-7 SECTION 25. EFFECTIVE DATE. This Act takes effect September
21-8 1, 1997.
21-9 SECTION 26. EMERGENCY. The importance of this legislation
21-10 and the crowded condition of the calendars in both houses create an
21-11 emergency and an imperative public necessity that the
21-12 constitutional rule requiring bills to be read on three several
21-13 days in each house be suspended, and this rule is hereby suspended.