SRC-AXB S.B. 146 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 146
76R3357 GJH-FBy: Luna
Health Services
4/18/1999
As Filed


DIGEST 

Naturopathic physicians use therapies that are primarily natural and
nontoxic, including clinical nutrition, homeopathy, botanic medicine,
hydrotherapy, physical medicine, and counseling. Naturopathic physicians'
main tools are herbs, foods, water, fasting, and tissue manipulation, in
addition to primary prevention.  Hippocrates, an early naturopathic
physician, formulated a concept that "nature is the healer of all
diseases."   

Currently, a significant number of Texans are turning to these physicians
for their health care needs; however, Texas law has no method with which to
identify naturopathic physicians.  Licensure creates an infrastructure of
accountability supported by law to ensure that licensees are subject to the
scrutiny of a board of examiners which is responsible for protecting the
public by maintaining professional standards.  S.B. 146 provides standards
for the regulation of naturopathic medicine and creates the Naturopathic
Physicians Board which administers licensing. 

PURPOSE

As proposed, S.B. 146 provides standards for the regulation of naturopathic
medicine and creates the Naturopathic Physicians Board. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Naturopathic Physicians Board in
SECTION 1 (Sections 3.01-3.05, 5.02, 5.04, 6.05, 6.09, 6.10, 6.11, 8.02,
9.04, and 10.01) and SECTION 4 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Adopts the Naturopathic Physicians Act, as follows:

ARTICLE 1.  GENERAL PROVISIONS

 Sec. 1.01.  SHORT TITLE:  Naturopathic Physicians Act.

Sec. 1.02.  PURPOSE.  Provides that this bill creates standards for the
licensing and regulation of naturopathic medicine, and provides a means of
identifying qualified naturopathic physicians. 

Sec. 1.03.  DEFINITIONS.  Defines "approved naturopathic college," "board,"
"commissioner," "department," "diagnose," "minor office procedure,"
"natural antibiotics," "natural medicines," "naturopathic medicine,"
"naturopathy," "naturopathic childbirth," "naturopathic mobilization
therapy," "naturopathic physician," "naturopathic physical medicine," and
"topical preparations." 

Sec. 1.04.  APPLICATION OF SUNSET ACT.  Subjects the Naturopathic
Physicians Board (board) to Chapter 325, Government Code (Texas Sunset
Act).  Abolishes the board and this Act expires September 1, 2011, unless
continued by the aforementioned chapter. 

Sec. 1.05.  APPLICATION OF ACT.  Provides that this Act does not apply to
certain persons. 
 
ARTICLE 2.  NATUROPATHIC PHYSICIANS BOARD

Sec. 2.01.  BOARD; MEMBERSHIP.  Provides that the board consists of six
members of certain professions and three representatives of the general
public appointed by the governor. Requires the appointments to be made
without discrimination. 

Sec. 2.02.  MEMBERSHIP ELIGIBILITY.  Prohibits a person from board
membership for involvement or a spouse's involvement in certain activities. 

Sec. 2.03.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  Defines "Texas trade
association."  Prohibits a person from board membership for involvement or
a spouse's involvement with a Texas trade association.  Prohibits a person
from board membership for being a lobbyist in a field related to the board. 

Sec. 2.04.  TERMS; VACANCY.  Sets forth board member terms and expirations.
Requires the governor to fill a board vacancy.  Prohibits a person from
serving more than two consecutive terms. 

Sec. 2.05.  GROUNDS FOR REMOVAL.  Sets forth justifications for removal of
a board member. 

Sec. 2.06.  OFFICERS.  Requires the governor to designate biennially a
presiding officer of the board.  Requires the board to elect biennially an
assistant presiding officer and secretarytreasurer. 

Sec. 2.07.  COMPENSATION; REIMBURSEMENT.  Prohibits board members from
receiving compensation for board services.  Entitles a board member to
certain reimbursements. 

Sec. 2.08.  MEETINGS.  Requires the board to meet twice a year, and
authorizes the board to meet at other times. 

Sec. 2.09.  TRAINING REQUIREMENTS.  Prohibits a board member from action on
the board before completion of a training program.  Sets forth requirements
of the training program.  Entitles a board member to reimbursement for
travel expenses incurred while attending the training program. 

ARTICLE 3.  BOARD POWERS AND DUTIES

Sec.  3.01.  GENERAL RULEMAKING AUTHORITY.  Requires the board to adopt
rules for the performance of its duties. 

Sec.  3.02.  RULES REGARDING BOARD PROCEDURES.  Authorizes the board to
adopt procedural rules. 

Sec. 3.03.  FEES.  Requires the board, by rule, to set reasonable fees to
cover costs for the administration of this Act. 

Sec.  3.04.  POWERS AND DUTIES REGARDING EXAMINATION.  Requires the board
to take certain action regarding the times and places of examinations.
Authorizes the board to determine the standards of the examination.
Requires the board, by rule, to determine the passing criteria for the
examination.  Authorizes the board to adopt rules for the administration of
the exam. 

Sec.  3.05.  POWERS AND DUTIES REGARDING CONTINUING EDUCATION. Requires the
board to adopt rules to determine an approved program of continuing
education. 

Sec.  3.06.  RULES RESTRICTING COMPETITIVE BIDDING OR ADVERTISING.
Prohibits the board from creating rules that restrict advertising by a
license holder, except to prohibit false practices by the person.  Sets
forth restrictions for rules created by the board. 

Sec.  3.07.  ANNUAL REPORT.  Requires the board to file a written report
describing activities and accounts by February 1 of each year. 

ARTICLE 4.  POWERS AND DUTIES OF DEPARTMENT

Sec.  4.01.  GENERAL DUTIES OF DEPARTMENT.  Requires the Texas Department
of Health (department) to administer this Act, prepare and administer
examinations, and conduct investigations for violations of this Act. 

ARTICLE 5.  PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES

Sec.  5.01.  PUBLIC INTEREST INFORMATION.  Requires the board to prepare
information describing the functions of the board and how complaints are
filed.  Requires the board to make this information available to the
public. 

Sec.  5.02.  COMPLAINTS.  Requires the board, by rule, to establish methods
for the public to communicate complaints to the board.  Authorizes the
board to determine the format of such a public notification.  Requires the
board to have a toll-free number that may be called to register a complaint
about a health professional. 

Sec.  5.03.  RECORDS OF COMPLAINTS.  Requires the board to maintain a file
of each complaint and sets forth requirements for the file.  Sets forth
required  actions the board must take regarding the person filing a
complaint. 

Sec.  5.04.  GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND
DISPOSITION.  Requires the board to adopt rules concerning complaint
investigations.  Sets forth  requirements for the rules.  Sets forth
time-line requirements for the board to process complaints.  Requires
certain people to be notified by a certain date of changes in the
complaint.  Requires the commissioner of public health to notify the board
of an unresolved complaint. 

ARTICLE 6.  LICENSE REQUIREMENTS AND EXEMPTIONS

Sec.  6.01.  LICENSE REQUIRED.  Prohibits a person from practicing
naturopathic medicine without a license.  Sets forth certain prohibitions
for persons who are not licensed. 

Sec.  6.02.  LICENSE APPLICATION.  Requires an applicant for a license to
take certain actions. 

 Sec.  6.03.  LICENSE ELIGIBILITY.  Sets forth eligibility requirements for
an applicant. 

Sec.  6.04.  DETERMINATION WHETHER EXAMINATION REQUIRED.  Requires each
eligible licensee to pass an examination prescribed by the board.  Provides
that there are exceptions to this rule. 

Sec.  6.05.  SPECIAL ELIGIBILITY FOR LICENSE.  Entitles an applicant to
take the examination before December 1, 1999, under certain conditions.
Entitles a person to be licensed as a naturopathic physician under this Act
without meeting certain requirements if the applicant is a Texan over 21
years of age, and provides acceptable proof of having been actively engaged
in naturopathic health care for a certain period of time; earns most of the
person's income from naturopathy; and applies for a license before January
1, 2001. Authorizes the board to limit certain licensed naturopathic
physicians, and prohibits the board from identifying such a person as being
limited. 

 Sec.  6.06.  EXAMINATION.  Sets forth requirements for the applicant.

 Sec.  6.07.  EXAMINATION RESULTS.  Requires the board to notify an
applicant of examination results not later than the 30th day after the
examination.  Sets forth provisions in the case of the examination being
reviewed by a testing service.  Authorizes the board to require a testing
service to notify an applicant of the examination results.  Requires the
department to give an analysis of the examination to a failed applicant if
requested in writing by the applicant. 

Sec.  6.08.  REEXAMINATION.  Entitles a failed applicant to retake the
examination under certain conditions.  Authorizes the board to require
certain actions of an applicant who fails the examination two or more
times.    

Sec.  6.09.  ISSUANCE OF LICENSE.  Requires the board to issue a license to
successful applicants.  Authorizes the board to determine license
expirations and sets guidelines for renewal license fee payments. 

Sec.  6.10.  NATUROPATHIC CHILDBIRTH CERTIFICATION.  Prohibits a
naturopathic physician from practicing childbirth without specialty
practice certification.  Requires the board to adopt certification rules.
Sets forth requirements for certification in naturopathic childbirth.
Authorizes the board to prescribe the format of the specialty examination. 

Sec.  6.11.  X-RAY CERTIFICATION.  Prohibits a naturopathic physician from
using an xray unless certified.  Requires the board to adopt certification
rules. 

Sec.  6.12.  INACTIVE STATUS.  Authorizes the board to make a license
inactive under certain conditions.  Requires the board to maintain a list
of inactive licenses.  Sets forth provisions for the holder of an inactive
license.  Requires the board to reactivate a license under certain
conditions. 

Sec.  6.13.  RETIRED STATUS.  Authorizes the board to place a license on
retired status if the licensee notifies the department at the time of
renewal.  Prohibits a retired license from being reactivated, and prohibits
the practice of naturopathic medicine by the holder of a retired license. 

ARTICLE 7.  LICENSE RENEWAL

Sec.  7.01.  RENEWAL OF LICENSE.  Requires annual renewal of a license, and
sets forth provisions for license renewal and expiration procedures. 

Sec.  7.02.  CONTINUING EDUCATION.  Requires a naturopathic physician,
persons certified in naturopathic childbirth, and holders of expired
licences to complete a certain number of hours of continuing education each
year and to comply with certain requirements. 

ARTICLE 8.  PRACTICE BY LICENSE HOLDERS

Sec.  8.01.  DUTIES AND RESPONSIBILITIES.  Provides that a naturopathic
physician has certain responsibilities consistent with other licensed
health care providers. 

Sec.  8.02.  AUTHORIZED ACTIVITIES.  Authorizes licenced naturopathic
physicians to use certain preparations, therapies, and evaluation
procedures.  Authorizes the board to allow license holders to use other
treatments taught in approved courses of study. 

Sec.  8.03.  PROHIBITED ACTS.  Prohibits a naturopathic physician from
dispensing nonauthorized drugs, performing nonauthorized procedures,
practicing emergency care, and claiming to practice nonauthorized forms of
treatment. 

ARTICLE 9.  DISCIPLINARY ACTIONS AND PROCEDURES

Sec.  9.01.  GROUNDS FOR DISCIPLINARY ACTIONS.  Authorizes the board to
discipline licensees under certain conditions. 
 
Sec.  9.02.  DISCIPLINARY ACTIONS.  Authorizes the board to take certain
actions to limit a licensee who violates this Act.  Authorizes the board to
place a licensee on probation and require certain actions from that person. 

 Sec.  9.03.  HEARING.  Entitles  a license holder to a hearing before a
sanction is imposed. 

Sec.  9.04.  SANCTIONS.  Requires the board, by rule, to adopt a broad
schedule of sanctions for violations.  Sets forth provisions for the
administration of sanctions. 

ARTICLE 10.  OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec.  10.01.  MONITORING OF LICENSE HOLDER.  Requires the board, by rule,
to develop methods to ensure compliance with this Act, and sets forth
requirements for such methods. 

Sec.  10.02.  CIVIL PENALTY.  Provides that a violator of this Act is
liable for a civil penalty of $1,000 a day.  Requires the attorney general
to bring action to recover a civil penalty under certain conditions.  

Sec.  10.03.  CRIMINAL PENALTY.  Provides that nonlicensed person who
knowingly acts as a naturopathic physician without the license commits an
offense, and provides that such an offense is a felony of the third degree. 

 Sec.  10.04  INJUNCTION.  Authorizes the board to seek an injunction
against a violation. 

SECTION 2.  Amends Section 3.06(b), Article 4495b, V.T.C.S. (Medical
Practice Act), to make conforming changes. 

SECTION 3.  Amends Section 3(a), Article 4512g, V.T.C.S. (Licensed
Professional Counselor Act), to provide that this Act does not apply to a
person performing counseling activities within the scope of the person's
employment, rather than his employment.  Makes conforming and
nonsubstantive changes. 

SECTION 4.  Requires an initial member of the board who is a naturopathic
physician, to be licensed by January 1, 2001.  Requires the governor to
make initial board appointments by November 1, 1999, and sets forth the
guidelines for their term expirations.  Requires the board to hold its
first meeting before January 1, 2000, and to adopt rules before July 1,
2000. 

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.