Texas 2025 - 89th Regular

Texas House Bill HB3979 Compare Versions

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1	1	89R6387 AND-D
2	2	By: Cain H.B. No. 3979
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of naturopathic
10	10	physicians; requiring an occupational license; authorizing fees;
11	11	providing penalties; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 3, Occupations Code, is
14	14	amended by adding Chapter 207 to read as follows:
15	15	CHAPTER 207. NATUROPATHIC PHYSICIANS
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 207.001. SHORT TITLE. This chapter may be cited as the
18	18	Naturopathic Physicians Licensing Act.
19	19	Sec. 207.002. DEFINITIONS. In this chapter:
20	20	(1) "Executive director" means the executive director
21	21	of the Texas Medical Board.
22	22	(2) "Medical board" means the Texas Medical Board.
23	23	(3) "Naturopathic board" means the Naturopathic
24	24	Medical Board.
25	25	(4) "Naturopathic childbirth attendance" means the
26	26	specialty practice of natural childbirth by a naturopathic
27	27	physician that includes the management of normal pregnancy, normal
28	28	labor and delivery, and the normal postpartum period, including
29	29	normal newborn care.
30	30	(5) "Naturopathic clinical elective" means a
31	31	specialty clinical practice consistent with naturopathic education
32	32	and training.
33	33	(6) "Naturopathic medicine" means a system of primary
34	34	health care for the prevention, diagnosis, and treatment of human
35	35	health conditions, injury, and disease through the promotion or
36	36	restoration of health and the support and stimulation of a
37	37	patient's inherent self-healing processes through patient
38	38	education and the use of naturopathic therapies and therapeutic
39	39	substances.
40	40	(7) "Naturopathic physician" means a person licensed
41	41	to practice naturopathic medicine under this chapter.
42	42	(8) "Physician" means a person licensed to practice
43	43	medicine by the medical board.
44	44	(9) "Prescription drug" has the meaning assigned by
45	45	Section 551.003.
46	46	Sec. 207.003. SCOPE OF PRACTICE. (a) For purposes of this
47	47	chapter, a person practices naturopathic medicine if the person:
48	48	(1) performs examination, diagnosis, and treatment of
49	49	disease consistent with naturopathic education and training;
50	50	(2) performs physical examinations, including
51	51	orificial examinations;
52	52	(3) orders or performs diagnostic laboratory tests or
53	53	physiological function tests;
54	54	(4) orders diagnostic imaging studies;
55	55	(5) orders or performs therapies, treatments, or
56	56	modalities, including hot or cold hydrotherapy, naturopathic
57	57	physical medicine, electromagnetic energy, colon hydrotherapy, and
58	58	therapeutic exercise;
59	59	(6) repairs or provides care incidental to superficial
60	60	lacerations or abrasions;
61	61	(7) removes foreign bodies located in the superficial
62	62	tissue;
63	63	(8) performs musculoskeletal manipulation;
64	64	(9) dispenses, administers, or prescribes:
65	65	(A) food, extracts of food, nutraceuticals,
66	66	vitamins, amino acids, minerals, enzymes, botanicals and their
67	67	extracts, botanical medicines, homeopathic medicines, or dietary
68	68	supplements and nonprescription drugs as defined by the Federal
69	69	Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.);
70	70	(B) prescription drugs as approved by the
71	71	naturopathic board; or
72	72	(C) devices, including therapeutic devices,
73	73	barrier contraception, and durable medical equipment; or
74	74	(10) provides counseling, behavioral medicine, or
75	75	health education.
76	76	(b) A naturopathic physician may administer treatment using
77	77	various routes of administration, including oral, nasal,
78	78	auricular, ocular, rectal, vaginal, transdermal, intradermal,
79	79	subcutaneous, intravenous, and intramuscular routes.
80	80	(c) A naturopathic physician may practice naturopathic
81	81	childbirth attendance if the naturopathic physician is authorized
82	82	by the naturopathic board under Section 207.301.
83	83	(d) A naturopathic physician may use novel technologies,
84	84	modalities, and therapies approved by the naturopathic board.
85	85	(e) The naturopathic board may adopt rules related to the
86	86	scope of practice of a naturopathic physician that are consistent
87	87	with this section.
88	88	Sec. 207.004. APPLICABILITY. This chapter does not apply
89	89	to:
90	90	(1) a health care professional licensed under this
91	91	title acting within the scope of the person's practice;
92	92	(2) a person employed in the service of the federal
93	93	government while performing duties related to that employment;
94	94	(3) a student enrolled in an approved naturopathic
95	95	medical college who performs naturopathic medical acts under the
96	96	supervision of an instructor who is a licensed naturopathic
97	97	physician or a health care professional licensed in the area of
98	98	instruction in which the student is engaged;
99	99	(4) a person providing self-care or care to a family
100	100	member;
101	101	(5) a person who sells natural products, including
102	102	foods, dietary supplements, cosmetics, or homeopathic
103	103	preparations, and provides information to consumers about the
104	104	products, except that a person may not represent or assume the
105	105	character or appearance of a person practicing naturopathic
106	106	medicine or imply or indicate that the person is licensed to
107	107	practice naturopathic medicine; or
108	108	(6) a person who is a licensed practitioner of
109	109	naturopathic medicine in another state and who, in this state,
110	110	consults with a naturopathic physician licensed in this state,
111	111	provided that the consultation is limited to providing an
112	112	examination, recommendation, instruction, or testimony.
113	113	SUBCHAPTER B. NATUROPATHIC MEDICAL BOARD
114	114	Sec. 207.051. NATUROPATHIC BOARD MEMBERSHIP. (a) The
115	115	Naturopathic Medical Board is composed of seven members appointed
116	116	by the governor with the advice and consent of the senate as
117	117	follows:
118	118	(1) four naturopathic physician members;
119	119	(2) one physician member who is licensed to practice
120	120	medicine in this state and who has experience working with
121	121	naturopathic doctors;
122	122	(3) one pharmacist; and
123	123	(4) one member who represents the public and who is not
124	124	licensed or trained in a health care profession.
125	125	(b) A member of the naturopathic board must be a United
126	126	States citizen and a resident of this state.
127	127	(c) Appointments to the naturopathic board shall be made
128	128	without regard to the race, color, disability, sex, gender,
129	129	religion, age, or national origin of the appointee.
130	130	Sec. 207.052. ELIGIBILITY OF PUBLIC MEMBER. A person is not
131	131	eligible for appointment as a public member of the naturopathic
132	132	board if the person or the person's spouse:
133	133	(1) is registered, certified, or licensed by an
134	134	occupational regulatory agency in the field of health care;
135	135	(2) is employed by or participates in the management
136	136	of a business entity or other organization regulated by or
137	137	receiving money from the medical board or naturopathic board;
138	138	(3) owns or controls, directly or indirectly, more
139	139	than a 10 percent interest in a business entity or other
140	140	organization regulated by or receiving money from the medical board
141	141	or naturopathic board; or
142	142	(4) uses or receives a substantial amount of tangible
143	143	goods, services, or money from the medical board or naturopathic
144	144	board, other than compensation or reimbursement authorized by law
145	145	for naturopathic board membership, attendance, or expenses.
146	146	Sec. 207.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
147	147	In this section, "Texas trade association" means a cooperative and
148	148	voluntarily joined statewide association of business or
149	149	professional competitors in this state designed to assist its
150	150	members and its industry or profession in dealing with mutual
151	151	business or professional problems and in promoting their common
152	152	interest.
153	153	(b) A person may not be a member of the naturopathic board
154	154	and may not be a naturopathic board employee employed in a "bona
155	155	fide executive, administrative, or professional capacity," as that
156	156	phrase is used for purposes of establishing an exemption to the
157	157	overtime provisions of the federal Fair Labor Standards Act of 1938
158	158	(29 U.S.C. Section 201 et seq.) if:
159	159	(1) the person is an officer, employee, or paid
160	160	consultant of a Texas trade association in the field of health care;
161	161	or
162	162	(2) the person's spouse is an officer, manager, or paid
163	163	consultant of a Texas trade association in the field of health care.
164	164	(c) A person may not be a member of the naturopathic board or
165	165	act as the general counsel to the naturopathic board if the person
166	166	is required to register as a lobbyist under Chapter 305, Government
167	167	Code, because of the person's activities for compensation on behalf
168	168	of a profession related to the operation of the medical board or
169	169	naturopathic board.
170	170	Sec. 207.054. GROUNDS FOR REMOVAL. (a) It is a ground for
171	171	removal from the naturopathic board that a member:
172	172	(1) does not have at the time of taking office the
173	173	qualifications required by Section 207.051;
174	174	(2) does not maintain during service on the
175	175	naturopathic board the qualifications required by Section 207.051;
176	176	(3) is ineligible for membership under Section 207.052
177	177	or 207.053;
178	178	(4) cannot, because of illness or disability,
179	179	discharge the member's duties for a substantial part of the member's
180	180	term; or
181	181	(5) is absent from more than half of the regularly
182	182	scheduled naturopathic board meetings that the member is eligible
183	183	to attend during a calendar year without an excuse approved by a
184	184	majority vote of the naturopathic board.
185	185	(b) The validity of an action of the naturopathic board is
186	186	not affected by the fact that it is taken when a ground for removal
187	187	of a naturopathic board member exists.
188	188	(c) If the executive director has knowledge that a potential
189	189	ground for removal exists, the executive director shall notify the
190	190	presiding officer of the naturopathic board of the potential
191	191	ground. The presiding officer shall then notify the governor and
192	192	the attorney general that a potential ground for removal exists. If
193	193	the potential ground for removal involves the presiding officer,
194	194	the executive director shall notify the next highest ranking
195	195	officer of the naturopathic board, who shall then notify the
196	196	governor and the attorney general that a potential ground for
197	197	removal exists.
198	198	Sec. 207.055. PRESIDING OFFICER OF NATUROPATHIC BOARD. The
199	199	governor shall appoint a naturopathic board member who is a
200	200	naturopathic physician to serve as presiding officer of the
201	201	naturopathic board at the pleasure of the governor. The presiding
202	202	officer may vote on any matter before the naturopathic board.
203	203	Sec. 207.056. TERMS; VACANCIES. (a) Members of the
204	204	naturopathic board serve staggered six-year terms. The terms of
205	205	two or three members expire on January 31 of each odd-numbered year.
206	206	(b) A member of the naturopathic board may not serve more
207	207	than two consecutive terms.
208	208	(c) A vacancy on the naturopathic board shall be filled by
209	209	appointment of the governor.
210	210	Sec. 207.057. REIMBURSEMENT. A member of the naturopathic
211	211	board may receive reimbursement for travel expenses as provided by
212	212	the General Appropriations Act.
213	213	Sec. 207.058. MEETINGS. The naturopathic board shall meet
214	214	at least annually and at the call of the presiding officer or
215	215	executive director. The naturopathic board may also meet at the
216	216	written request of any two members.
217	217	Sec. 207.059. TRAINING. (a) A person who is appointed to
218	218	and qualifies for office as a member of the naturopathic board may
219	219	not vote, deliberate, or be counted as a member in attendance at a
220	220	meeting of the naturopathic board until the person completes a
221	221	training program that complies with this section.
222	222	(b) The training program must provide the person with
223	223	information regarding:
224	224	(1) the law governing naturopathic board operations;
225	225	(2) the programs, functions, rules, and budget of the
226	226	naturopathic board;
227	227	(3) the scope of and limitations on the rulemaking
228	228	authority of the naturopathic board;
229	229	(4) the results of the most recent formal audit of the
230	230	naturopathic board;
231	231	(5) the requirements of:
232	232	(A) laws relating to open meetings, public
233	233	information, administrative procedure, and disclosing conflicts of
234	234	interest; and
235	235	(B) other laws applicable to members of the
236	236	naturopathic board in performing their duties; and
237	237	(6) any applicable ethics policies adopted by the
238	238	medical board, naturopathic board, or the Texas Ethics Commission.
239	239	(c) A person appointed to the naturopathic board is entitled
240	240	to reimbursement, as provided by the General Appropriations Act,
241	241	for the travel expenses incurred in attending the training program
242	242	regardless of whether the attendance at the program occurs before
243	243	or after the person qualifies for office.
244	244	(d) The executive director shall create a training manual
245	245	that includes the information required by Subsection (b). The
246	246	executive director shall distribute a copy of the training manual
247	247	annually to each naturopathic board member. On receipt of the
248	248	training manual, each naturopathic board member shall sign and
249	249	submit to the executive director a statement acknowledging receipt
250	250	of the training manual.
251	251	SUBCHAPTER C. POWERS AND DUTIES
252	252	Sec. 207.101. POWERS AND DUTIES. (a) The naturopathic
253	253	board shall:
254	254	(1) administer and enforce this chapter;
255	255	(2) establish qualifications for obtaining a license;
256	256	(3) evaluate and approve clinical, practical, or
257	257	naturopathic medicine residency requirements;
258	258	(4) approve a national naturopathic medicine
259	259	licensing examination;
260	260	(5) establish procedures for applying for or renewing
261	261	a license;
262	262	(6) evaluate the qualifications of license
263	263	applicants;
264	264	(7) establish minimum continuing education
265	265	requirements and approve continuing education courses;
266	266	(8) establish qualifications for naturopathic
267	267	clinical electives;
268	268	(9) establish qualifications and standards relating
269	269	to prescribing authority;
270	270	(10) establish requirements relating to malpractice
271	271	insurance;
272	272	(11) investigate credible complaints made against a
273	273	license holder; and
274	274	(12) deny, revoke, or suspend a license or otherwise
275	275	discipline a license holder.
276	276	(b) In addition to the advisory committee required under
277	277	this subchapter, the naturopathic board may appoint advisory
278	278	committees to perform advisory functions as determined necessary by
279	279	the naturopathic board. An advisory committee appointed under this
280	280	subsection is subject to Chapter 2110, Government Code.
281	281	Sec. 207.102. GENERAL RULEMAKING AUTHORITY. The
282	282	naturopathic board shall adopt rules as necessary to perform the
283	283	naturopathic board's duties and implement this chapter.
284	284	Sec. 207.103. ASSISTANCE BY MEDICAL BOARD. (a) The medical
285	285	board shall provide administrative and clerical employees as
286	286	necessary to enable the naturopathic board to administer this
287	287	chapter.
288	288	(b) Subject to the advice and approval of the medical board,
289	289	the naturopathic board shall develop and implement policies that
290	290	clearly separate the policy-making responsibilities of the
291	291	naturopathic board and the management responsibilities of the
292	292	executive director and the staff of the medical board.
293	293	Sec. 207.104. FEES. The naturopathic board by rule shall
294	294	set fees in amounts reasonable and necessary to cover the costs of
295	295	administering this chapter.
296	296	Sec. 207.105. NATUROPATHIC CHILDBIRTH ATTENDANCE ADVISORY
297	297	COMMITTEE. (a) The naturopathic board shall establish a
298	298	naturopathic childbirth attendance advisory committee to provide
299	299	specific recommendations to the naturopathic board about
300	300	requirements for a naturopathic physician to receive authorization
301	301	from the naturopathic board to practice naturopathic childbirth
302	302	attendance.
303	303	(b) The naturopathic childbirth attendance advisory
304	304	committee shall be composed of five members appointed by the
305	305	naturopathic board as follows:
306	306	(1) three naturopathic physician members who are
307	307	qualified to practice naturopathic childbirth attendance;
308	308	(2) one physician member who specializes or is
309	309	board-certified in obstetrics; and
310	310	(3) one licensed midwife or nurse midwife member.
311	311	(c) The naturopathic board must consult with the
312	312	naturopathic childbirth attendance advisory committee and consider
313	313	the committee's recommendations before adopting rules establishing
314	314	the requirements to receive authorization from the naturopathic
315	315	board to practice naturopathic childbirth attendance.
316	316	(d) At least once each year or on the request of the
317	317	naturopathic board, the naturopathic childbirth attendance
318	318	advisory committee shall review the rules for naturopathic
319	319	childbirth attendance and recommend changes to the requirements to
320	320	receive authorization from the naturopathic board to practice
321	321	naturopathic childbirth attendance.
322	322	SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND COMPLAINT
323	323	PROCEDURES
324	324	Sec. 207.151. PUBLIC INTEREST INFORMATION. (a) The
325	325	naturopathic board shall prepare information of public interest
326	326	describing the functions of the naturopathic board and the
327	327	procedures by which complaints are filed with and resolved by the
328	328	naturopathic board.
329	329	(b) The naturopathic board shall make the information
330	330	available to the public and appropriate state agencies.
331	331	Sec. 207.152. COMPLAINTS. (a) The naturopathic board by
332	332	rule shall establish methods by which consumers and service
333	333	recipients are notified of the name, mailing address, and telephone
334	334	number of the naturopathic board for the purpose of directing
335	335	complaints to the naturopathic board. The naturopathic board may
336	336	provide for that notice:
337	337	(1) on each registration form, application, or written
338	338	contract for services of a person regulated by the naturopathic
339	339	board;
340	340	(2) on a sign prominently displayed in the place of
341	341	business of a person regulated by the naturopathic board; or
342	342	(3) in a bill for services provided by a person
343	343	regulated by the naturopathic board.
344	344	(b) The naturopathic board shall list with its regular
345	345	telephone number any toll-free telephone number that may be called
346	346	to present a complaint about a person regulated by the naturopathic
347	347	board.
348	348	Sec. 207.153. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
349	349	The naturopathic board shall maintain a system to promptly and
350	350	efficiently act on complaints filed with the naturopathic board.
351	351	The naturopathic board shall maintain information about parties to
352	352	the complaint, the subject matter of the complaint, a summary of the
353	353	results of the review or investigation of the complaint, and its
354	354	disposition.
355	355	(b) The naturopathic board shall make information available
356	356	describing its procedures for complaint investigation and
357	357	resolution.
358	358	(c) The naturopathic board shall periodically notify the
359	359	parties to a complaint of the status of the complaint until final
360	360	disposition of the complaint.
361	361	Sec. 207.154. GENERAL RULES REGARDING COMPLAINT
362	362	INVESTIGATION. (a) The naturopathic board shall adopt rules
363	363	concerning the investigation of a complaint filed with the
364	364	naturopathic board. The rules adopted under this section must:
365	365	(1) distinguish between categories of complaints;
366	366	(2) ensure that a complaint is not dismissed without
367	367	appropriate consideration;
368	368	(3) require that the naturopathic board be advised of
369	369	a complaint that is dismissed and that a letter be sent to the
370	370	person who filed the complaint explaining the action taken on the
371	371	complaint;
372	372	(4) ensure that the person who files a complaint has an
373	373	opportunity to explain the allegations made in the complaint; and
374	374	(5) prescribe guidelines concerning the categories of
375	375	complaints that require the use of a private investigator and
376	376	prescribe the procedures for the naturopathic board to obtain the
377	377	services of a private investigator.
378	378	(b) The naturopathic board shall:
379	379	(1) dispose of a complaint in a timely manner; and
380	380	(2) establish a schedule for conducting each phase of
381	381	the disposition of a complaint that is under the control of the
382	382	naturopathic board not later than the 30th day after the date the
383	383	naturopathic board receives the complaint.
384	384	(c) The naturopathic board shall notify the parties to a
385	385	complaint of the projected time requirements for pursuing the
386	386	complaint.
387	387	(d) The naturopathic board shall notify the parties to a
388	388	complaint of any change in the schedule not later than the seventh
389	389	day after the date the change is made.
390	390	(e) The executive director shall notify the naturopathic
391	391	board of a complaint that is unresolved after the time prescribed by
392	392	the naturopathic board for resolving the complaint so that the
393	393	naturopathic board may take necessary action on the complaint.
394	394	(f) The naturopathic board shall assign priorities and
395	395	investigate complaints based on:
396	396	(1) the severity of the conduct alleged in the
397	397	complaint; and
398	398	(2) the degree of harm to public health and safety.
399	399	Sec. 207.155. CONFIDENTIALITY OF COMPLAINT INFORMATION.
400	400	(a) Except as provided by Subsection (b), a complaint and
401	401	investigation and all information and materials compiled by the
402	402	naturopathic board in connection with the complaint and
403	403	investigation are not subject to:
404	404	(1) disclosure under Chapter 552, Government Code; or
405	405	(2) disclosure, discovery, subpoena, or other means of
406	406	legal compulsion for release of information to any person.
407	407	(b) A complaint or investigation subject to Subsection (a)
408	408	and all information and materials compiled by the naturopathic
409	409	board in connection with the complaint may be disclosed to:
410	410	(1) the naturopathic board, the naturopathic board's
411	411	employees or agents, or the medical board's employees or agents
412	412	involved in license holder discipline;
413	413	(2) a party to a disciplinary action against the
414	414	license holder or that party's designated representative;
415	415	(3) a law enforcement agency;
416	416	(4) a governmental agency, if:
417	417	(A) the disclosure is required or permitted by
418	418	law; and
419	419	(B) the agency obtaining the disclosure protects
420	420	the identity of any patient whose records are examined; or
421	421	(5) a person engaged in bona fide research, if all
422	422	information identifying a specific individual has been deleted.
423	423	(c) Unless good cause for delay is shown to the presiding
424	424	officer at the hearing, the naturopathic board shall provide the
425	425	license holder with access to all information that the naturopathic
426	426	board intends to offer into evidence at the hearing not later than
427	427	the 30th day after the date the naturopathic board receives a
428	428	written request from a license holder who is entitled to a hearing
429	429	under this chapter or from the license holder's attorney of record.
430	430	(d) The naturopathic board shall protect the identity of any
431	431	patient whose records are examined in connection with a
432	432	disciplinary investigation or proceeding against a license holder,
433	433	except a patient who:
434	434	(1) initiates the disciplinary action; or
435	435	(2) has submitted a written consent to release the
436	436	records.
437	437	Sec. 207.156. SUBPOENAS. (a) In the investigation of a
438	438	complaint filed with the naturopathic board, the executive director
439	439	or the presiding officer of the naturopathic board may issue a
440	440	subpoena to compel the attendance of a relevant witness or the
441	441	production, for inspection or copying, of relevant evidence that is
442	442	in this state.
443	443	(b) A subpoena may be served personally or by certified
444	444	mail.
445	445	(c) If a person fails to comply with a subpoena, the
446	446	naturopathic board, acting through the attorney general, may file
447	447	suit to enforce the subpoena in a district court in Travis County or
448	448	in the county in which a hearing conducted by the naturopathic board
449	449	may be held.
450	450	(d) On finding that good cause exists for issuing the
451	451	subpoena, the court shall order the person to comply with the
452	452	subpoena. The court may punish a person who fails to obey the court
453	453	order.
454	454	(e) The naturopathic board shall pay a reasonable fee for
455	455	photocopies subpoenaed under this section in an amount not to
456	456	exceed the amount the naturopathic board may charge for copies of
457	457	its records.
458	458	(f) The reimbursement of the expenses of a witness whose
459	459	attendance is compelled under this section is governed by Section
460	460	2001.103, Government Code.
461	461	(g) Information and materials subpoenaed or compiled by the
462	462	naturopathic board in connection with the investigation of a
463	463	complaint may be disclosed only as provided by Section 207.155.
464	464	Sec. 207.157. PUBLIC PARTICIPATION. The naturopathic board
465	465	shall develop and implement policies that provide the public with a
466	466	reasonable opportunity to appear before the naturopathic board and
467	467	to speak on any issue under the jurisdiction of the naturopathic
468	468	board.
469	469	SUBCHAPTER E. LICENSE REQUIREMENTS
470	470	Sec. 207.201. LICENSE REQUIRED. (a) A person may not
471	471	practice as a naturopathic physician unless the person holds a
472	472	license under this chapter.
473	473	(b) A person may not use the title "naturopath,"
474	474	"naturopathic physician," "physician of naturopathic medicine,"
475	475	"naturopathic doctor," "doctor of naturopathic medicine," or
476	476	"doctor of naturopathy" or the abbreviation "N.D." or "N.M.D."
477	477	unless the person is licensed under this chapter.
478	478	Sec. 207.202. LICENSE APPLICATION. Each applicant for a
479	479	license under this chapter must submit to the naturopathic board an
480	480	application on a form required by the naturopathic board and the
481	481	required application fee.
482	482	Sec. 207.203. REQUIREMENTS FOR LICENSE. An applicant for a
483	483	license to practice naturopathic medicine must present to the
484	484	naturopathic board sufficient evidence that the applicant:
485	485	(1) graduated from a naturopathic medical program that
486	486	meets the requirements of Section 207.205;
487	487	(2) passed the licensing examination required by
488	488	Section 207.206;
489	489	(3) has not been denied a license to practice
490	490	naturopathic medicine or another health care profession in this
491	491	state or another state or had the license suspended or revoked based
492	492	on the license holder's ability to safely practice the health care
493	493	profession; and
494	494	(4) is physically and mentally capable of safely
495	495	practicing naturopathic medicine with or without reasonable
496	496	accommodation.
497	497	Sec. 207.204. ISSUANCE OF LICENSE. The naturopathic board
498	498	shall issue a license as a naturopathic physician to an applicant
499	499	who:
500	500	(1) complies with the requirements of this chapter;
501	501	(2) meets any additional requirements the
502	502	naturopathic board establishes by rule; and
503	503	(3) pays the license fee required by the naturopathic
504	504	board.
505	505	Sec. 207.205. NATUROPATHIC MEDICAL PROGRAM. A naturopathic
506	506	medical program may be approved by the naturopathic board if the
507	507	program is:
508	508	(1) an institution or part of an institution of higher
509	509	education that is accredited or is a candidate for accreditation by
510	510	a regional or national institutional accrediting agency recognized
511	511	by the United States secretary of education that:
512	512	(A) offers a degree of doctor of naturopathy or
513	513	doctor of naturopathic medicine that includes graduate-level
514	514	full-time didactic and supervised clinical training; and
515	515	(B) is accredited or has candidacy status for
516	516	accreditation by the Council on Naturopathic Medical Education or
517	517	an equivalent federally recognized accrediting agency for
518	518	naturopathic medical programs approved by the naturopathic board;
519	519	(2) a degree-granting college or university that:
520	520	(A) before the existence of the Council on
521	521	Naturopathic Medical Education, offered doctoral-level
522	522	naturopathic medical education that:
523	523	(i) provided a full-time structured
524	524	curriculum in basic sciences and supervised patient care; and
525	525	(ii) required the completion of not less
526	526	than 132 weeks of education within 35 months; and
527	527	(B) either:
528	528	(i) is found by the naturopathic board to
529	529	have been reputable and in good standing; or
530	530	(ii) if still in existence, has current
531	531	programmatic accreditation by the Council on Naturopathic Medical
532	532	Education or another federally recognized accrediting agency;
533	533	(3) a diploma-granting, degree-equivalent college or
534	534	university in Canada that:
535	535	(A) offers graduate-level full-time didactic and
536	536	supervised clinical training;
537	537	(B) is accredited or has candidacy status for
538	538	accreditation by the Council on Naturopathic Medical Education or
539	539	an equivalent federally recognized naturopathic medical program
540	540	accrediting agency that is approved by the naturopathic board; and
541	541	(C) has provincial approval for participation in
542	542	government-funded student aid programs; or
543	543	(4) a diploma-granting, degree-equivalent college or
544	544	university in Canada that:
545	545	(A) before the existence of the Council on
546	546	Naturopathic Medical Education, offered doctoral-level
547	547	naturopathic medical education that:
548	548	(i) provided a full-time structured
549	549	curriculum in basic sciences and supervised patient care; and
550	550	(ii) required the completion of not less
551	551	than 132 weeks of education within 35 months; and
552	552	(B) either:
553	553	(i) is found by the naturopathic board to
554	554	have been reputable and in good standing; or
555	555	(ii) if still in existence, has current
556	556	programmatic accreditation by the Council on Naturopathic Medical
557	557	Education or another federally recognized accrediting entity and
558	558	has provincial approval for participation in a government-funded
559	559	student aid program.
560	560	Sec. 207.206. EXAMINATION. To receive a license, an
561	561	applicant must pass a competency-based national naturopathic
562	562	physician licensing examination and a naturopathic physician
563	563	pharmacology examination that are approved by the naturopathic
564	564	board and administered by the North American Board of Naturopathic
565	565	Examiners or its successor organization.
566	566	Sec. 207.207. CRIMINAL HISTORY RECORD INFORMATION
567	567	REQUIREMENT FOR LICENSE ISSUANCE. (a) The naturopathic board
568	568	shall require that an applicant for a license submit a complete and
569	569	legible set of fingerprints, on a form prescribed by the
570	570	naturopathic board, to the naturopathic board or to the Department
571	571	of Public Safety for the purpose of obtaining criminal history
572	572	record information from the Department of Public Safety and the
573	573	Federal Bureau of Investigation.
574	574	(b) The naturopathic board may not issue a license to a
575	575	person who does not comply with the requirement of Subsection (a).
576	576	(c) The naturopathic board shall conduct a criminal history
577	577	record information check of each applicant for a license using
578	578	information:
579	579	(1) provided by the individual under this section; and
580	580	(2) made available to the naturopathic board by the
581	581	Department of Public Safety, the Federal Bureau of Investigation,
582	582	and any other criminal justice agency under Chapter 411, Government
583	583	Code.
584	584	(d) The naturopathic board may:
585	585	(1) enter into an agreement with the Department of
586	586	Public Safety to administer a criminal history record information
587	587	check required under this section; and
588	588	(2) authorize the Department of Public Safety to
589	589	collect from each applicant the costs incurred by the Department of
590	590	Public Safety in conducting the criminal history record information
591	591	check.
592	592	Sec. 207.208. RECIPROCITY. The naturopathic board shall
593	593	issue a license to a person who:
594	594	(1) is licensed in good standing as a naturopathic
595	595	physician in another state that has licensing requirements
596	596	substantially equivalent to the requirements of this chapter;
597	597	(2) has not been the subject of a final disciplinary
598	598	action and is not the subject of a pending disciplinary action in
599	599	any jurisdiction in which the naturopathic physician is or has been
600	600	licensed;
601	601	(3) pays the fee set by the naturopathic board; and
602	602	(4) meets any additional criteria established by
603	603	naturopathic board rule.
604	604	SUBCHAPTER F. LICENSE RENEWAL
605	605	Sec. 207.251. LICENSE EXPIRATION. A license issued under
606	606	this chapter expires on the second anniversary of the date of
607	607	issuance.
608	608	Sec. 207.252. LICENSE RENEWAL. Before the expiration of a
609	609	license, a license may be renewed by:
610	610	(1) submitting an application for renewal;
611	611	(2) paying the renewal fee set by the naturopathic
612	612	board; and
613	613	(3) providing verification to the naturopathic board
614	614	that the applicant for renewal has met the continuing education
615	615	requirements established by the naturopathic board.
616	616	Sec. 207.253. CRIMINAL HISTORY RECORD INFORMATION
617	617	REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a license
618	618	issued under this chapter shall submit a complete and legible set of
619	619	fingerprints for purposes of performing a criminal history record
620	620	information check of the applicant as provided by Section 207.207.
621	621	(b) The naturopathic board may administratively suspend or
622	622	refuse to renew the license of a person who does not comply with the
623	623	requirement of Subsection (a).
624	624	(c) A license holder is not required to submit fingerprints
625	625	under this section for the renewal of the license if the holder has
626	626	previously submitted fingerprints under:
627	627	(1) Section 207.207 for the initial issuance of the
628	628	license; or
629	629	(2) this section as part of a prior renewal of a
630	630	license.
631	631	Sec. 207.254. CONTINUING EDUCATION. The naturopathic board
632	632	shall recognize, prepare, or administer continuing education
633	633	programs for license holders. A license holder must participate in
634	634	the programs to the extent required by the naturopathic board to
635	635	keep the person's license.
636	636	SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
637	637	Sec. 207.301. NATUROPATHIC CHILDBIRTH ATTENDANCE. (a) The
638	638	naturopathic board shall establish qualifications required for the
639	639	naturopathic board to authorize a naturopathic physician to
640	640	practice naturopathic childbirth attendance.
641	641	(b) To obtain authorization from the naturopathic board to
642	642	practice naturopathic childbirth attendance, a naturopathic
643	643	physician must:
644	644	(1) graduate from a naturopathic midwifery or
645	645	naturopathic obstetrics program that is approved by the
646	646	naturopathic board;
647	647	(2) pass the North American Registry of Midwives
648	648	examination, American College of Naturopathic Obstetrics
649	649	examination, or another examination approved by the naturopathic
650	650	board; and
651	651	(3) meet all other requirements established by the
652	652	naturopathic board in consultation with the naturopathic
653	653	childbirth attendance advisory committee established under Section
654	654	207.105.
655	655	Sec. 207.302. COMPLIANCE WITH STATE LAW AND LOCAL
656	656	REGULATIONS: PUBLIC HEALTH; REPORTING BIRTHS AND DEATHS. A
657	657	naturopathic physician shall comply with state law and a political
658	658	subdivision's regulations concerning infectious diseases and
659	659	public health and reporting births and deaths to the same extent as
660	660	a physician.
661	661	Sec. 207.303. NATUROPATHIC CLINICAL ELECTIVE. The
662	662	naturopathic board shall establish qualifications for authorizing
663	663	a naturopathic physician to practice a naturopathic clinical
664	664	elective. The qualifications must require that a naturopathic
665	665	physician:
666	666	(1) meet the educational requirements for the
667	667	naturopathic clinical elective provided by the North American Board
668	668	of Naturopathic Examiners or another examining entity approved by
669	669	the naturopathic board;
670	670	(2) pass a competency-based national naturopathic
671	671	physician clinical elective examination approved by the
672	672	naturopathic board and administered by the North American Board of
673	673	Naturopathic Examiners or its successor agency; and
674	674	(3) meet all other requirements established by the
675	675	naturopathic board.
676	676	SUBCHAPTER H. PROHIBITED PRACTICES
677	677	Sec. 207.351. PROHIBITED PRACTICES. (a) A naturopathic
678	678	physician may not:
679	679	(1) practice or claim to practice as a physician,
680	680	dentist, podiatrist, optometrist, psychologist, advanced practice
681	681	registered nurse, physician assistant, chiropractor, physical
682	682	therapist, acupuncturist, or any other health care professional
683	683	unless the naturopathic physician holds a license for the
684	684	profession issued by this state;
685	685	(2) perform surgical procedures, including procedures
686	686	involving the eye, ear, tendons, nerves, veins, or arteries that
687	687	extend beyond superficial tissue;
688	688	(3) administer general or spinal anesthetics; or
689	689	(4) administer ionizing radioactive substances for
690	690	therapeutic purposes.
691	691	(b) A naturopathic physician may not treat a lesion that is
692	692	suspected of being malignant or that requires surgical removal. If
693	693	a naturopathic physician suspects that a lesion may be malignant or
694	694	requires surgical removal, the naturopathic physician shall refer
695	695	the patient to a physician or other appropriate health care
696	696	provider.
697	697	(c) Notwithstanding Subsection (b), a naturopathic
698	698	physician may provide adjunctive or concurrent treatment to a
699	699	person who is under the care of a physician for treatment of a
700	700	malignant lesion.
701	701	SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
702	702	Sec. 207.401. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
703	703	ACTION. (a) After a hearing, the naturopathic board may deny a
704	704	license to an applicant, suspend or revoke a person's license, or
705	705	place on probation a license holder if the applicant or license
706	706	holder:
707	707	(1) violates this chapter or a naturopathic board
708	708	order or rule;
709	709	(2) obtains a license by means of fraud,
710	710	misrepresentation, or concealment of a material fact;
711	711	(3) sells, barters, or offers to sell or barter a
712	712	license; or
713	713	(4) engages in unprofessional conduct that endangers
714	714	or is likely to endanger public health, welfare, or safety as
715	715	defined by naturopathic board rule.
716	716	(b) The naturopathic board may not issue or renew a person's
717	717	license if the person:
718	718	(1) has an impairment related to drugs or alcohol that
719	719	would limit the person's ability to practice naturopathic medicine
720	720	in a manner consistent with public safety; or
721	721	(2) is found mentally incompetent by a physician and
722	722	the mental incompetence impairs the person's ability to undertake
723	723	the practice of naturopathic medicine in a manner consistent with
724	724	public safety.
725	725	Sec. 207.402. INFORMAL PROCEEDINGS. (a) The naturopathic
726	726	board by rule shall adopt procedures governing:
727	727	(1) informal disposition of a contested case under
728	728	Section 2001.056, Government Code; and
729	729	(2) an informal proceeding held in compliance with
730	730	Section 2001.054, Government Code.
731	731	(b) Rules adopted under this section must:
732	732	(1) provide the complainant and the license holder an
733	733	opportunity to be heard; and
734	734	(2) require the presence of a member of the
735	735	naturopathic board's or medical board's legal staff to advise:
736	736	(A) the naturopathic board or the naturopathic
737	737	board's employees; or
738	738	(B) the medical board or the medical board's
739	739	employees.
740	740	Sec. 207.403. HEARING. A license holder is entitled to a
741	741	hearing before the State Office of Administrative Hearings before a
742	742	sanction is imposed under this subchapter.
743	743	Sec. 207.404. SCHEDULE OF SANCTIONS. (a) The naturopathic
744	744	board by rule shall adopt a broad schedule of sanctions for
745	745	violations under this chapter.
746	746	(b) The State Office of Administrative Hearings shall use
747	747	the schedule for any sanction imposed under this chapter as the
748	748	result of a hearing conducted by that office.
749	749	SUBCHAPTER J. PENALTIES AND ENFORCEMENT PROCEDURES
750	750	Sec. 207.451. ADMINISTRATIVE PENALTY. (a) The
751	751	naturopathic board may impose an administrative penalty against a
752	752	person licensed under this chapter who violates this chapter or a
753	753	rule or order adopted under this chapter.
754	754	(b) An administrative penalty may not exceed $200. Each day
755	755	a violation continues or occurs is a separate violation for the
756	756	purpose of imposing a penalty. The amount of the penalty shall be
757	757	based on:
758	758	(1) the seriousness of the violation, including the
759	759	nature, circumstances, extent, and gravity of any prohibited acts,
760	760	and the hazard or potential hazard created to the health, safety, or
761	761	economic welfare of the public;
762	762	(2) the history of previous violations;
763	763	(3) the amount necessary to deter a future violation;
764	764	(4) efforts to correct the violation; and
765	765	(5) any other matter that justice requires.
766	766	(c) The person may stay enforcement during the time the
767	767	order is under judicial review if the person pays the penalty to the
768	768	court clerk or files a supersedeas bond with the court in the amount
769	769	of the penalty. A person who cannot afford to pay the penalty or
770	770	file the bond may stay enforcement by filing an affidavit like that
771	771	required by the Texas Rules of Civil Procedure for a party who
772	772	cannot afford to file security for costs, except that the
773	773	naturopathic board may contest the affidavit as provided by those
774	774	rules.
775	775	(d) A proceeding to impose an administrative penalty is
776	776	subject to Chapter 2001, Government Code.
777	777	Sec. 207.452. CIVIL PENALTY. (a) A person found by a court
778	778	to have violated this chapter is liable to this state for a civil
779	779	penalty of $200 for each day the violation continues.
780	780	(b) A civil penalty may be recovered in a suit brought by the
781	781	attorney general, a district attorney, or a county attorney.
782	782	Sec. 207.453. CRIMINAL OFFENSE. (a) A person commits an
783	783	offense if the person knowingly violates this chapter.
784	784	(b) Except as provided by Subsection (c), an offense under
785	785	this section is a Class A misdemeanor.
786	786	(c) An offense under this section is a felony of the third
787	787	degree if the person:
788	788	(1) obtains a license by means of fraud,
789	789	misrepresentation, or concealment of a material fact;
790	790	(2) practices naturopathic medicine without a license
791	791	issued under this chapter; or
792	792	(3) sells, barters, or offers to sell or barter a
793	793	license.
794	794	(d) Each day a violation occurs constitutes a separate
795	795	offense.
796	796	SECTION 2. As soon as practicable after the effective date
797	797	of this Act, the governor shall appoint seven members to the
798	798	Naturopathic Medical Board in accordance with Chapter 207,
799	799	Occupations Code, as added by this Act. In making the initial
800	800	appointments, the governor shall designate two members for terms
801	801	expiring January 31, 2027, two members for terms expiring January
802	802	31, 2029, and three members for terms expiring January 31, 2031.
803	803	SECTION 3. Notwithstanding Chapter 207, Occupations Code,
804	804	as added by this Act, a person may be appointed to the Naturopathic
805	805	Medical Board as an initial naturopathic physician member if the
806	806	person does not hold a naturopathic physician license under that
807	807	chapter. A person appointed to the Naturopathic Medical Board as a
808	808	naturopathic physician member on or after June 1, 2026, must hold a
809	809	naturopathic physician license under Chapter 207, Occupations
810	810	Code, as added by this Act.
811	811	SECTION 4. Notwithstanding Chapter 207, Occupations Code,
812	812	as added by this Act, a person may be appointed to serve as a
813	813	naturopathic physician member of the naturopathic childbirth
814	814	attendance advisory committee if the person does not hold a
815	815	naturopathic physician license under that chapter. A person
816	816	appointed to the naturopathic childbirth attendance advisory
817	817	committee as a naturopathic physician member of the committee on or
818	818	after June 1, 2028, must hold a naturopathic physician license
819	819	under Chapter 207, Occupations Code, as added by this Act.
820	820	SECTION 5. Not later than January 1, 2026, the Naturopathic
821	821	Medical Board shall adopt the rules, procedures, and fees necessary
822	822	to administer Chapter 207, Occupations Code, as added by this Act.
823	823	SECTION 6. Notwithstanding Chapter 207, Occupations Code,
824	824	as added by this Act, a naturopathic physician is not required to
825	825	hold a license under that chapter to practice as a naturopathic
826	826	physician in this state before June 1, 2026.
827	827	SECTION 7. (a) Except as provided by Subsection (b) of this
828	828	section, this Act takes effect September 1, 2025.
829	829	(b) Section 207.201, Occupations Code, and Subchapter J,
830	830	Chapter 207, Occupations Code, as added by this Act, take effect
831	831	June 1, 2026.