82R9045 SLB-F
By: Garza H.B. No. 1716
A BILL TO BE ENTITLED
AN ACT
relating to regulations on certain complementary and alternative
health care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle M, Title 3, Occupations Code, is
amended by adding Chapter 704 to read as follows:
CHAPTER 704. COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 704.001. COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
SERVICES. (a) In this chapter, "complementary and alternative
health care services" means the broad domain of complementary and
alternative healing methods, healing therapies, treatments, and
services that:
(1) are provided by persons who are not licensed,
certified, or registered as health care practitioners or
professionals by an occupational regulatory agency of this state;
and
(2) are not prohibited by Section 704.051.
(b) Complementary and alternative health care services
include:
(1) acupressure;
(2) anthroposophy;
(3) aromatherapy;
(4) Ayurveda;
(5) cranial sacral therapy;
(6) culturally traditional healing practices;
(7) detoxification practices and therapies;
(8) energetic healing;
(9) polarity therapy;
(10) folk practices;
(11) healing practices using food, food supplements,
nutrients, and the physical forces of heat, cold, water, touch, and
light;
(12) Gerson therapy;
(13) colostrum therapy;
(14) healing touch;
(15) herbology or herbalism;
(16) homeopathy;
(17) nondiagnostic iridology;
(18) bodywork;
(19) meditation;
(20) mind-body healing practices;
(21) naturopathy;
(22) noninvasive instrumentalities; and
(23) traditional Oriental practices, such as qigong
energy healing.
Sec. 704.002. GENERAL APPLICABILITY. (a) This chapter
applies to a person who provides a complementary and alternative
health care service.
(b) This chapter does not:
(1) limit the right of a person to obtain a civil
remedy, including a remedy for negligence, against a person who
provides a complementary and alternative health care service; or
(2) control, prevent, or restrict a person from
marketing or distributing a lawful food product, including a
dietary supplement.
Sec. 704.003. APPLICABILITY OF OTHER LAW. Notwithstanding
any other law, a person who provides complementary and alternative
health care services in compliance with Sections 704.051 and
704.052 is not practicing medicine under Subtitle B and does not
violate Subtitle B or another law of this state that requires a
person to obtain an occupational license, registration, or
certificate.
[Sections 704.004-704.050 reserved for expansion]
SUBCHAPTER B. REGULATION OF COMPLEMENTARY AND ALTERNATIVE HEALTH
CARE SERVICES
Sec. 704.051. PROHIBITED ACTS. A person may not in
connection with providing a complementary and alternative health
care service:
(1) conduct surgery or any other procedure that
punctures the skin or that harmfully invades the body, other than
pricking a finger to obtain a small amount of blood for screening
purposes;
(2) administer to or prescribe for another person
x-ray radiation;
(3) administer to or prescribe for another person
legend drugs, dangerous drugs, or controlled substances;
(4) recommend that a person discontinue medical care
or a medical treatment prescribed by a licensed health care
practitioner;
(5) provide a conventional medical disease diagnosis;
(6) perform a chiropractic adjustment of an
articulation of the spine; or
(7) represent, state, indicate, advertise, or imply
that the person is a physician, surgeon, or medical doctor or that
the person is licensed, certified, or registered by this state to
practice a health care profession.
Sec. 704.052. REQUIRED DISCLOSURE. (a) Before providing a
complementary and alternative health care service, a person must:
(1) provide to the client a written statement in plain
language:
(A) stating that the person is not licensed by
this state as a health care or healing arts practitioner;
(B) describing the nature of the services to be
provided and the theory of treatment on which the services are
based;
(C) detailing the education, training,
experience, or other qualifications of the person with regard to
the service being provided and stating whether any degree disclosed
by the person is recognized by this state; and
(D) containing the following statement in bold
print:
"THE STATE OF TEXAS HAS NOT ADOPTED ANY EDUCATIONAL OR
TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND
ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS
DISCLOSURE IS FOR INFORMATIONAL PURPOSES ONLY.
Under Texas law, an unlicensed complementary and
alternative health care practitioner may not provide a
medical diagnosis or recommend that a person
discontinue a medically prescribed treatment. A client
may seek at any time a diagnosis from a licensed
physician, chiropractor, or acupuncture practitioner
or a service from a physician, chiropractor, dentist,
nurse, osteopath, physical therapist, occupational
therapist, massage therapist, dietitian, midwife,
acupuncture practitioner, athletic trainer, or any
other type of licensed health care practitioner.";
(2) obtain a signed acknowledgment from the client
that the client has been provided a copy of the statement required
by Subdivision (1); and
(3) provide a copy of the statement and signed
acknowledgment to the client.
(b) The complementary and alternative health care service
provider shall retain a copy of the signed acknowledgment under
Subsection (a)(2) until the second anniversary of the date the
statement is signed.
Sec. 704.053. REBUTTABLE PRESUMPTION. It is a rebuttable
presumption that a person who provides the statement required by
Section 704.052(a)(1) is not practicing medicine under Subtitle B.
Sec. 704.054. DEFENSE. It is a defense to prosecution
under Section 32.52, Penal Code, that the person:
(1) disclosed information to a client about a degree
lawfully obtained by the person from a school inside or outside the
United States; and
(2) stated whether the degree is recognized by this
state as required by Section 704.052(a)(1)(C).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.