SRC-DBM S.B. 847 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 847
By: Nixon
Health Services
5/9/1999
As Filed


DIGEST 

Currently, a Texas constitutional provision exists regarding medical
freedom which states that ". . . no preference shall ever by given to any
schools of medicine" (Article 16, Section 31, V.T.C.S.).  The Medial
Practice Act also mandates that "Nothing in this act shall be construed so
as to discriminate against a school or system of medical practice" (Section
3.06(a), Article 4495b, V.T.C.S.).  These protections are not being
enforced; therefore, in October, 1998, the State Board of Medical Examiners
adopted regulations that permitted the use of complementary and integrative
therapies by medical doctors.  Consequently, these regulations only apply
to medical doctors and doctors of osteopathy.  S.B. 847 would regulate the
practice of integrative or complementary health care by licensed health
care practitioners.  

PURPOSE

As proposed, S.B. 847 regulates the practice of integrative or
complementary health care by licensed health care practitioners. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 71, V.T.C.S., by adding Article 4512r, as follows:

Article 4512r. PATIENT RIGHTS ACT

 Sec. 1.  LEGISLATIVE FINDINGS.  Sets forth the legislative findings.

Sec. 2.  DEFINITIONS.  Defines "board," "conventional practice,"
"integrative or complementary practice," and "licensee." 

Sec. 3.  TREATMENT PLANS.  Authorizes a licensee to offer a treatment plan
tailored for the individual needs of the patient that has stated objectives
by which patient progress may be evaluated.  Sets forth the required
information to be included in the treatment plan.  Requires the treatment
plan to also consider the advisability of certain additional steps.
Provides that a treatment plan is reasonable if the treatment provides for
therapeutic gain in the patient's health or medical condition that is not
reasonably outweighed by the risk of the treatment. 

Sec. 4.  INFORMED CONSENT.  Requires a licensee, prior to offering
treatment to a patient, to inform the patient or the patient's legal
guardian, verbally or in writing, under certain conditions.  Requires the
patient's record to include documentation of the notification under
Subsection (a) of this section. 

Sec. 5.  GUIDELINES FOR THE PROVISION OF CONVENTIONAL OR INTEGRATIVE OR
COMPLEMENTARY CARE.  Prohibits a licensee from being judged by a licensing
agency which has engaged in unprofessional conduct or has been found to
have failed to practice in a safe and acceptable manner primarily on the
basis of the type of treatment the licensee employed which may have been
integrative or complementary under certain conditions.  Sets forth
integrative and complementary conditions.  Authorizes the licensee to
continue to use a treatment, including an integrative or complementary
practice, provided the licensee continues  to document in the patient's
record, the patient's care and progress toward the stated objectives based
on periodic reviews at reasonable intervals in view of the individual
circumstances. 

Sec. 6.  INVESTIGATION PROCEDURE.  Requires a licensing agency to notify
the licensee of the nature of the complaint and the identity of the person
filing the complaint if that person is other than an individual patient or
legal guardian of a patient.  Requires each licensing agency to appoint a
review panel to ensure that treatment protocols are fairly and accurately
evaluated. Requires a majority of the panel to be practitioners thoroughly
trained in the subspeciality of the licensee being evaluated. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.