HB3979 - Relating to the licensing and regulation of naturopathic physicians; requiring an occupational license; authorizing fees; providing penalties; creating a criminal offense.

  89R6387 AND-D     By: Cain H.B. No. 3979       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of naturopathic   physicians; requiring an occupational license; authorizing fees;   providing penalties; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 3, Occupations Code, is   amended by adding Chapter 207 to read as follows:   CHAPTER 207. NATUROPATHIC PHYSICIANS   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   207.001.     SHORT TITLE. This chapter may be cited as the   Naturopathic Physicians Licensing Act.           Sec. 207.002.  DEFINITIONS. In this chapter:                 (1)     "Executive director" means the executive director   of the Texas Medical Board.                 (2)  "Medical board" means the Texas Medical Board.                 (3)     "Naturopathic board" means the Naturopathic   Medical Board.                 (4)     "Naturopathic childbirth attendance" means the   specialty practice of natural childbirth by a naturopathic   physician that includes the management of normal pregnancy, normal   labor and delivery, and the normal postpartum period, including   normal newborn care.                 (5)     "Naturopathic clinical elective" means a   specialty clinical practice consistent with naturopathic education   and training.                 (6)     "Naturopathic medicine" means a system of primary   health care for the prevention, diagnosis, and treatment of human   health conditions, injury, and disease through the promotion or   restoration of health and the support and stimulation of a   patient's inherent self-healing processes through patient   education and the use of naturopathic therapies and therapeutic   substances.                 (7)     "Naturopathic physician" means a person licensed   to practice naturopathic medicine under this chapter.                 (8)     "Physician" means a person licensed to practice   medicine by the medical board.                 (9)     "Prescription drug" has the meaning assigned by   Section 551.003.           Sec.   207.003.     SCOPE OF PRACTICE. (a) For purposes of this   chapter, a person practices naturopathic medicine if the person:                 (1)     performs examination, diagnosis, and treatment of   disease consistent with naturopathic education and training;                 (2)     performs physical examinations, including   orificial examinations;                 (3)     orders or performs diagnostic laboratory tests or   physiological function tests;                 (4)  orders diagnostic imaging studies;                 (5)     orders or performs therapies, treatments, or   modalities, including hot or cold hydrotherapy, naturopathic   physical medicine, electromagnetic energy, colon hydrotherapy, and   therapeutic exercise;                 (6)     repairs or provides care incidental to superficial   lacerations or abrasions;                 (7)     removes foreign bodies located in the superficial   tissue;                 (8)  performs musculoskeletal manipulation;                 (9)  dispenses, administers, or prescribes:                       (A)     food, extracts of food, nutraceuticals,   vitamins, amino acids, minerals, enzymes, botanicals and their   extracts, botanical medicines, homeopathic medicines, or dietary   supplements and nonprescription drugs as defined by the Federal   Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.);                       (B)     prescription drugs as approved by the   naturopathic board; or                       (C)     devices, including therapeutic devices,   barrier contraception, and durable medical equipment; or                 (10)     provides counseling, behavioral medicine, or   health education.           (b)     A naturopathic physician may administer treatment using   various routes of administration, including oral, nasal,   auricular, ocular, rectal, vaginal, transdermal, intradermal,   subcutaneous, intravenous, and intramuscular routes.           (c)     A naturopathic physician may practice naturopathic   childbirth attendance if the naturopathic physician is authorized   by the naturopathic board under Section 207.301.           (d)     A naturopathic physician may use novel technologies,   modalities, and therapies approved by the naturopathic board.           (e)     The naturopathic board may adopt rules related to the   scope of practice of a naturopathic physician that are consistent   with this section.           Sec.   207.004.     APPLICABILITY.   This chapter does not apply   to:                 (1)     a health care professional licensed under this   title acting within the scope of the person's practice;                 (2)     a person employed in the service of the federal   government while performing duties related to that employment;                 (3)     a student enrolled in an approved naturopathic   medical college who performs naturopathic medical acts under the   supervision of an instructor who is a licensed naturopathic   physician or a health care professional licensed in the area of   instruction in which the student is engaged;                 (4)     a person providing self-care or care to a family   member;                 (5)     a person who sells natural products, including   foods, dietary supplements, cosmetics, or homeopathic   preparations, and provides information to consumers about the   products, except that a person may not represent or assume the   character or appearance of a person practicing naturopathic   medicine or imply or indicate that the person is licensed to   practice naturopathic medicine; or                 (6)     a person who is a licensed practitioner of   naturopathic medicine in another state and who, in this state,   consults with a naturopathic physician licensed in this state,   provided that the consultation is limited to providing an   examination, recommendation, instruction, or testimony.   SUBCHAPTER B. NATUROPATHIC MEDICAL BOARD           Sec.   207.051.     NATUROPATHIC BOARD MEMBERSHIP. (a) The   Naturopathic Medical Board is composed of seven members appointed   by the governor with the advice and consent of the senate as   follows:                 (1)  four naturopathic physician members;                 (2)     one physician member who is licensed to practice   medicine in this state and who has experience working with   naturopathic doctors;                 (3)  one pharmacist; and                 (4)     one member who represents the public and who is not   licensed or trained in a health care profession.           (b)     A member of the naturopathic board must be a United   States citizen and a resident of this state.           (c)     Appointments to the naturopathic board shall be made   without regard to the race, color, disability, sex, gender,   religion, age, or national origin of the appointee.           Sec.   207.052.     ELIGIBILITY OF PUBLIC MEMBER. A person is not   eligible for appointment as a public member of the naturopathic   board if the person or the person's spouse:                 (1)     is registered, certified, or licensed by an   occupational regulatory agency in the field of health care;                 (2)     is employed by or participates in the management   of a business entity or other organization regulated by or   receiving money from the medical board or naturopathic board;                 (3)     owns or controls, directly or indirectly, more   than a 10 percent interest in a business entity or other   organization regulated by or receiving money from the medical board   or naturopathic board; or                 (4)     uses or receives a substantial amount of tangible   goods, services, or money from the medical board or naturopathic   board, other than compensation or reimbursement authorized by law   for naturopathic board membership, attendance, or expenses.           Sec.   207.053.     MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)   In this section, "Texas trade association" means a cooperative and   voluntarily joined statewide association of business or   professional competitors in this state designed to assist its   members and its industry or profession in dealing with mutual   business or professional problems and in promoting their common   interest.           (b)     A person may not be a member of the naturopathic board   and may not be a naturopathic board employee employed in a "bona   fide executive, administrative, or professional capacity," as that   phrase is used for purposes of establishing an exemption to the   overtime provisions of the federal Fair Labor Standards Act of 1938   (29 U.S.C. Section 201 et seq.) if:                 (1)     the person is an officer, employee, or paid   consultant of a Texas trade association in the field of health care;   or                 (2)     the person's spouse is an officer, manager, or paid   consultant of a Texas trade association in the field of health care.           (c)     A person may not be a member of the naturopathic board or   act as the general counsel to the naturopathic board if the person   is required to register as a lobbyist under Chapter 305, Government   Code, because of the person's activities for compensation on behalf   of a profession related to the operation of the medical board or   naturopathic board.           Sec.   207.054.     GROUNDS FOR REMOVAL. (a) It is a ground for   removal from the naturopathic board that a member:                 (1)     does not have at the time of taking office the   qualifications required by Section 207.051;                 (2)     does not maintain during service on the   naturopathic board the qualifications required by Section 207.051;                 (3)     is ineligible for membership under Section 207.052   or 207.053;                 (4)     cannot, because of illness or disability,   discharge the member's dut [Text truncated for display. Full text available on Congress.gov.]