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 duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled naturopathic board meetings that the member is eligible
to attend during a calendar year without an excuse approved by a
majority vote of the naturopathic board.
(b) The validity of an action of the naturopathic board is
not affected by the fact that it is taken when a ground for removal
of a naturopathic board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the naturopathic board of the potential
ground. The presiding officer shall then notify the governor and
the attorney general that a potential ground for removal exists. If
the potential ground for removal involves the presiding officer,
the executive director shall notify the next highest ranking
officer of the naturopathic board, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
Sec. 207.055. PRESIDING OFFICER OF NATUROPATHIC BOARD. The
governor shall appoint a naturopathic board member who is a
naturopathic physician to serve as presiding officer of the
naturopathic board at the pleasure of the governor. The presiding
officer may vote on any matter before the naturopathic board.
Sec. 207.056. TERMS; VACANCIES. (a) Members of the
naturopathic board serve staggered six-year terms. The terms of
two or three members expire on January 31 of each odd-numbered year.
(b) A member of the naturopathic board may not serve more
than two consecutive terms.
(c) A vacancy on the naturopathic board shall be filled by
appointment of the governor.
Sec. 207.057. REIMBURSEMENT. A member of the naturopathic
board may receive reimbursement for travel expenses as provided by
the General Appropriations Act.
Sec. 207.058. MEETINGS. The naturopathic board shall meet
at least annually and at the call of the presiding officer or
executive director. The naturopathic board may also meet at the
written request of any two members.
Sec. 207.059. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the naturopathic board may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the naturopathic board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the law governing naturopathic board operations;
(2) the programs, functions, rules, and budget of the
naturopathic board;
(3) the scope of and limitations on the rulemaking
authority of the naturopathic board;
(4) the results of the most recent formal audit of the
naturopathic board;
(5) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the
naturopathic board in performing their duties; and
(6) any applicable ethics policies adopted by the
medical board, naturopathic board, or the Texas Ethics Commission.
(c) A person appointed to the naturopathic board is entitled
to reimbursement, as provided by the General Appropriations Act,
for the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each naturopathic board member. On receipt of the
training manual, each naturopathic board member shall sign and
submit to the executive director a statement acknowledging receipt
of the training manual.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 207.101. POWERS AND DUTIES. (a) The naturopathic
board shall:
(1) administer and enforce this chapter;
(2) establish qualifications for obtaining a license;
(3) evaluate and approve clinical, practical, or
naturopathic medicine residency requirements;
(4) approve a national naturopathic medicine
licensing examination;
(5) establish procedures for applying for or renewing
a license;
(6) evaluate the qualifications of license
applicants;
(7) establish minimum continuing education
requirements and approve continuing education courses;
(8) establish qualifications for naturopathic
clinical electives;
(9) establish qualifications and standards relating
to prescribing authority;
(10) establish requirements relating to malpractice
insurance;
(11) investigate credible complaints made against a
license holder; and
(12) deny, revoke, or suspend a license or otherwise
discipline a license holder.
(b) In addition to the advisory committee required under
this subchapter, the naturopathic board may appoint advisory
committees to perform advisory functions as determined necessary by
the naturopathic board. An advisory committee appointed under this
subsection is subject to Chapter 2110, Government Code.
Sec. 207.102. GENERAL RULEMAKING AUTHORITY. The
naturopathic board shall adopt rules as necessary to perform the
naturopathic board's duties and implement this chapter.
Sec. 207.103. ASSISTANCE BY MEDICAL BOARD. (a) The medical
board shall provide administrative and clerical employees as
necessary to enable the naturopathic board to administer this
chapter.
(b) Subject to the advice and approval of the medical board,
the naturopathic board shall develop and implement policies that
clearly separate the policy-making responsibilities of the
naturopathic board and the management responsibilities of the
executive director and the staff of the medical board.
Sec. 207.104. FEES. The naturopathic board by rule shall
set fees in amounts reasonable and necessary to cover the costs of
administering this chapter.
Sec. 207.105. NATUROPATHIC CHILDBIRTH ATTENDANCE ADVISORY
COMMITTEE. (a) The naturopathic board shall establish a
naturopathic childbirth attendance advisory committee to provide
specific recommendations to the naturopathic board about
requirements for a naturopathic physician to receive authorization
from the naturopathic board to practice naturopathic childbirth
attendance.
(b) The naturopathic childbirth attendance advisory
committee shall be composed of five members appointed by the
naturopathic board as follows:
(1) three naturopathic physician members who are
qualified to practice naturopathic childbirth attendance;
(2) one physician member who specializes or is
board-certified in obstetrics; and
(3) one licensed midwife or nurse midwife member.
(c) The naturopathic board must consult with the
naturopathic childbirth attendance advisory committee and consider
the committee's recommendations before adopting rules establishing
the requirements to receive authorization from the naturopathic
board to practice naturopathic childbirth attendance.
(d) At least once each year or on the request of the
naturopathic board, the naturopathic childbirth attendance
advisory committee shall review the rules for naturopathic
childbirth attendance and recommend changes to the requirements to
receive authorization from the naturopathic board to practice
naturopathic childbirth attendance.
SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 207.151. PUBLIC INTEREST INFORMATION. (a) The
naturopathic board shall prepare information of public interest
describing the functions of the naturopathic board and the
procedures by which complaints are filed with and resolved by the
naturopathic board.
(b) The naturopathic board shall make the information
available to the public and appropriate state agencies.
Sec. 207.152. COMPLAINTS. (a) The naturopathic board by
rule shall establish methods by which consumers and service
recipients are notified of the name, mailing address, and telephone
number of the naturopathic board for the purpose of directing
complaints to the naturopathic board. The naturopathic board may
provide for that notice:
(1) on each registration form, application, or written
contract for services of a person regulated by the naturopathic
board;
(2) on a sign prominently displayed in the place of
business of a person regulated by the naturopathic board; or
(3) in a bill for services provided by a person
regulated by the naturopathic board.
(b) The naturopathic board shall list with its regular
telephone number any toll-free telephone number that may be called
to present a complaint about a person regulated by the naturopathic
board.
Sec. 207.153. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
The naturopathic board shall maintain a system to promptly and
efficiently act on complaints filed with the naturopathic board.
The naturopathic board shall maintain information about parties to
the complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and its
disposition.
(b) The naturopathic board shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The naturopathic board shall periodically notify the
parties to a complaint of the status of the complaint until final
disposition of the complaint.
Sec. 207.154. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION. (a) The naturopathic board shall adopt rules
concerning the investigation of a complaint filed with the
naturopathic board. The rules adopted under this section must:
(1) distinguish between categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the naturopathic board be advised of
a complaint that is dismissed and that a letter be sent to the
person who filed the complaint explaining the action taken on the
complaint;
(4) ensure that the person who files a complaint has an
opportunity to explain the allegations made in the complaint; and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and
prescribe the procedures for the naturopathic board to obtain the
services of a private investigator.
(b) The naturopathic board shall:
(1) dispose of a complaint in a timely manner; and
(2) establish a schedule for conducting each phase of
the disposition of a complaint that is under the control of the
naturopathic board not later than the 30th day after the date the
naturopathic board receives the complaint.
(c) The naturopathic board shall notify the parties to a
complaint of the projected time requirements for pursuing the
complaint.
(d) The naturopathic board shall notify the parties to a
complaint of any change in the schedule not later than the seventh
day after the date the change is made.
(e) The executive director shall notify the naturopathic
board of a complaint that is unresolved after the time prescribed by
the naturopathic board for resolving the complaint so that the
naturopathic board may take necessary action on the complaint.
(f) The naturopathic board shall assign priorities and
investigate complaints based on:
(1) the severity of the conduct alleged in the
complaint; and
(2) the degree of harm to public health and safety.
Sec. 207.155. CONFIDENTIALITY OF COMPLAINT INFORMATION.
(a) Except as provided by Subsection (b), a complaint and
investigation and all information and materials compiled by the
naturopathic board in connection with the complaint and
investigation are not subject to:
(1) disclosure under Chapter 552, Government Code; or
(2) disclosure, discovery, subpoena, or other means of
legal compulsion for release of information to any person.
(b) A complaint or investigation subject to Subsection (a)
and all information and materials compiled by the naturopathic
board in connection with the complaint may be disclosed to:
(1) the naturopathic board, the naturopathic board's
employees or agents, or the medical board's employees or agents
involved in license holder discipline;
(2) a party to a disciplinary action against the
license holder or that party's designated representative;
(3) a law enforcement agency;
(4) a governmental agency, if:
(A) the disclosure is required or permitted by
law; and
(B) the agency obtaining the disclosure protects
the identity of any patient whose records are examined; or
(5) a person engaged in bona fide research, if all
information identifying a specific individual has been deleted.
(c) Unless good cause for delay is shown to the presiding
officer at the hearing, the naturopathic board shall provide the
license holder with access to all information that the naturopathic
board intends to offer into evidence at the hearing not later than
the 30th day after the date the naturopathic board receives a
written request from a license holder who is entitled to a hearing
under this chapter or from the license holder's attorney of record.
(d) The naturopathic board shall protect the identity of any
patient whose records are examined in connection with a
disciplinary investigation or proceeding against a license holder,
except a patient who:
(1) initiates the disciplinary action; or
(2) has submitted a written consent to release the
records.
Sec. 207.156. SUBPOENAS. (a) In the investigation of a
complaint filed with the naturopathic board, the executive director
or the presiding officer of the naturopathic board may issue a
subpoena to compel the attendance of a relevant witness or the
production, for inspection or copying, of relevant evidence that is
in this state.
(b) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with a subpoena, the
naturopathic board, acting through the attorney general, may file
suit to enforce the subpoena in a district court in Travis County or
in the county in which a hearing conducted by the naturopathic board
may be held.
(d) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena. The court may punish a person who fails to obey the court
order.
(e) The naturopathic board shall pay a reasonable fee for
photocopies subpoenaed under this section in an amount not to
exceed the amount the naturopathic board may charge for copies of
its records.
(f) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
(g) Information and materials subpoenaed or compiled by the
naturopathic board in connection with the investigation of a
complaint may be disclosed only as provided by Section 207.155.
Sec. 207.157. PUBLIC PARTICIPATION. The naturopathic board
shall develop and implement policies that provide the public with a
reasonable opportunity to appear before the naturopathic board and
to speak on any issue under the jurisdiction of the naturopathic
board.
SUBCHAPTER E. LICENSE REQUIREMENTS
Sec. 207.201. LICENSE REQUIRED. (a) A person may not
practice as a naturopathic physician unless the person holds a
license under this chapter.
(b) A person may not use the title "naturopath,"
"naturopathic physician," "physician of naturopathic medicine,"
"naturopathic doctor," "doctor of naturopathic medicine," or
"doctor of naturopathy" or the abbreviation "N.D." or "N.M.D."
unless the person is licensed under this chapter.
Sec. 207.202. LICENSE APPLICATION. Each applicant for a
license under this chapter must submit to the naturopathic board an
application on a form required by the naturopathic board and the
required application fee.
Sec. 207.203. REQUIREMENTS FOR LICENSE. An applicant for a
license to practice naturopathic medicine must present to the
naturopathic board sufficient evidence that the applicant:
(1) graduated from a naturopathic medical program that
meets the requirements of Section 207.205;
(2) passed the licensing examination required by
Section 207.206;
(3) has not been denied a license to practice
naturopathic medicine or another health care profession in this
state or another state or had the license suspended or revoked based
on the license holder's ability to safely practice the health care
profession; and
(4) is physically and mentally capable of safely
practicing naturopathic medicine with or without reasonable
accommodation.
Sec. 207.204. ISSUANCE OF LICENSE. The naturopathic board
shall issue a license as a naturopathic physician to an applicant
who:
(1) complies with the requirements of this chapter;
(2) meets any additional requirements the
naturopathic board establishes by rule; and
(3) pays the license fee required by the naturopathic
board.
Sec. 207.205. NATUROPATHIC MEDICAL PROGRAM. A naturopathic
medical program may be approved by the naturopathic board if the
program is:
(1) an institution or part of an institution of higher
education that is accredited or is a candidate for accreditation by
a regional or national institutional accrediting agency recognized
by the United States secretary of education that:
(A) offers a degree of doctor of naturopathy or
doctor of naturopathic medicine that includes graduate-level
full-time didactic and supervised clinical training; and
(B) is accredited or has candidacy status for
accreditation by the Council on Naturopathic Medical Education or
an equivalent federally recognized accrediting agency for
naturopathic medical programs approved by the naturopathic board;
(2) a degree-granting college or university that:
(A) before the existence of the Council on
Naturopathic Medical Education, offered doctoral-level
naturopathic medical education that:
(i) provided a full-time structured
curriculum in basic sciences and supervised patient care; and
(ii) required the completion of not less
than 132 weeks of education within 35 months; and
(B) either:
(i) is found by the naturopathic board to
have been reputable and in good standing; or
(ii) if still in existence, has current
programmatic accreditation by the Council on Naturopathic Medical
Education or another federally recognized accrediting agency;
(3) a diploma-granting, degree-equivalent college or
university in Canada that:
(A) offers graduate-level full-time didactic and
supervised clinical training;
(B) is accredited or has candidacy status for
accreditation by the Council on Naturopathic Medical Education or
an equivalent federally recognized naturopathic medical program
accrediting agency that is approved by the naturopathic board; and
(C) has provincial approval for participation in
government-funded student aid programs; or
(4) a diploma-granting, degree-equivalent college or
university in Canada that:
(A) before the existence of the Council on
Naturopathic Medical Education, offered doctoral-level
naturopathic medical education that:
(i) provided a full-time structured
curriculum in basic sciences and supervised patient care; and
(ii) required the completion of not less
than 132 weeks of education within 35 months; and
(B) either:
(i) is found by the naturopathic board to
have been reputable and in good standing; or
(ii) if still in existence, has current
programmatic accreditation by the Council on Naturopathic Medical
Education or another federally recognized accrediting entity and
has provincial approval for participation in a government-funded
student aid program.
Sec. 207.206. EXAMINATION. To receive a license, an
applicant must pass a competency-based national naturopathic
physician licensing examination and a naturopathic physician
pharmacology examination that are approved by the naturopathic
board and administered by the North American Board of Naturopathic
Examiners or its successor organization.
Sec. 207.207. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE ISSUANCE. (a) The naturopathic board
shall require that an applicant for a license submit a complete and
legible set of fingerprints, on a form prescribed by the
naturopathic board, to the naturopathic board or to the Department
of Public Safety for the purpose of obtaining criminal history
record information from the Department of Public Safety and the
Federal Bureau of Investigation.
(b) The naturopathic board may not issue a license to a
person who does not comply with the requirement of Subsection (a).
(c) The naturopathic board shall conduct a criminal history
record information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the naturopathic board by the
Department of Public Safety, the Federal Bureau of Investigation,
and any other criminal justice agency under Chapter 411, Government
Code.
(d) The naturopathic board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
Sec. 207.208. RECIPROCITY. The naturopathic board shall
issue a license to a person who:
(1) is licensed in good standing as a naturopathic
physician in another state that has licensing requirements
substantially equivalent to the requirements of this chapter;
(2) has not been the subject of a final disciplinary
action and is not the subject of a pending disciplinary action in
any jurisdiction in which the naturopathic physician is or has been
licensed;
(3) pays the fee set by the naturopathic board; and
(4) meets any additional criteria established by
naturopathic board rule.
SUBCHAPTER F. LICENSE RENEWAL
Sec. 207.251. LICENSE EXPIRATION. A license issued under
this chapter expires on the second anniversary of the date of
issuance.
Sec. 207.252. LICENSE RENEWAL. Before the expiration of a
license, a license may be renewed by:
(1) submitting an application for renewal;
(2) paying the renewal fee set by the naturopathic
board; and
(3) providing verification to the naturopathic board
that the applicant for renewal has met the continuing education
requirements established by the naturopathic board.
Sec. 207.253. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR RENEWAL. (a) An applicant for renewal of a license
issued under this chapter shall submit a complete and legible set of
fingerprints for purposes of performing a criminal history record
information check of the applicant as provided by Section 207.207.
(b) The naturopathic board may administratively suspend or
refuse to renew the license of a person who does not comply with the
requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the holder has
previously submitted fingerprints under:
(1) Section 207.207 for the initial issuance of the
license; or
(2) this section as part of a prior renewal of a
license.
Sec. 207.254. CONTINUING EDUCATION. The naturopathic board
shall recognize, prepare, or administer continuing education
programs for license holders. A license holder must participate in
the programs to the extent required by the naturopathic board to
keep the person's license.
SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
Sec. 207.301. NATUROPATHIC CHILDBIRTH ATTENDANCE. (a) The
naturopathic board shall establish qualifications required for the
naturopathic board to authorize a naturopathic physician to
practice naturopathic childbirth attendance.
(b) To obtain authorization from the naturopathic board to
practice naturopathic childbirth attendance, a naturopathic
physician must:
(1) graduate from a naturopathic midwifery or
naturopathic obstetrics program that is approved by the
naturopathic board;
(2) pass the North American Registry of Midwives
examination, American College of Naturopathic Obstetrics
examination, or another examination approved by the naturopathic
board; and
(3) meet all other requirements established by the
naturopathic board in consultation with the naturopathic
childbirth attendance advisory committee established under Section
207.105.
Sec. 207.302. COMPLIANCE WITH STATE LAW AND LOCAL
REGULATIONS: PUBLIC HEALTH; REPORTING BIRTHS AND DEATHS. A
naturopathic physician shall comply with state law and a political
subdivision's regulations concerning infectious diseases and
public health and reporting births and deaths to the same extent as
a physician.
Sec. 207.303. NATUROPATHIC CLINICAL ELECTIVE. The
naturopathic board shall establish qualifications for authorizing
a naturopathic physician to practice a naturopathic clinical
elective. The qualifications must require that a naturopathic
physician:
(1) meet the educational requirements for the
naturopathic clinical elective provided by the North American Board
of Naturopathic Examiners or another examining entity approved by
the naturopathic board;
(2) pass a competency-based national naturopathic
physician clinical elective examination approved by the
naturopathic board and administered by the North American Board of
Naturopathic Examiners or its successor agency; and
(3) meet all other requirements established by the
naturopathic board.
SUBCHAPTER H. PROHIBITED PRACTICES
Sec. 207.351. PROHIBITED PRACTICES. (a) A naturopathic
physician may not:
(1) practice or claim to practice as a physician,
dentist, podiatrist, optometrist, psychologist, advanced practice
registered nurse, physician assistant, chiropractor, physical
therapist, acupuncturist, or any other health care professional
unless the naturopathic physician holds a license for the
profession issued by this state;
(2) perform surgical procedures, including procedures
involving the eye, ear, tendons, nerves, veins, or arteries that
extend beyond superficial tissue;
(3) administer general or spinal anesthetics; or
(4) administer ionizing radioactive substances for
therapeutic purposes.
(b) A naturopathic physician may not treat a lesion that is
suspected of being malignant or that requires surgical removal. If
a naturopathic physician suspects that a lesion may be malignant or
requires surgical removal, the naturopathic physician shall refer
the patient to a physician or other appropriate health care
provider.
(c) Notwithstanding Subsection (b), a naturopathic
physician may provide adjunctive or concurrent treatment to a
person who is under the care of a physician for treatment of a
malignant lesion.
SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
Sec. 207.401. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
ACTION. (a) After a hearing, the naturopathic board may deny a
license to an applicant, suspend or revoke a person's license, or
place on probation a license holder if the applicant or license
holder:
(1) violates this chapter or a naturopathic board
order or rule;
(2) obtains a license by means of fraud,
misrepresentation, or concealment of a material fact;
(3) sells, barters, or offers to sell or barter a
license; or
(4) engages in unprofessional conduct that endangers
or is likely to endanger public health, welfare, or safety as
defined by naturopathic board rule.
(b) The naturopathic board may not issue or renew a person's
license if the person:
(1) has an impairment related to drugs or alcohol that
would limit the person's ability to practice naturopathic medicine
in a manner consistent with public safety; or
(2) is found mentally incompetent by a physician and
the mental incompetence impairs the person's ability to undertake
the practice of naturopathic medicine in a manner consistent with
public safety.
Sec. 207.402. INFORMAL PROCEEDINGS. (a) The naturopathic
board by rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under this section must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of a member of the
naturopathic board's or medical board's legal staff to advise:
(A) the naturopathic board or the naturopathic
board's employees; or
(B) the medical board or the medical board's
employees.
Sec. 207.403. HEARING. A license holder is entitled to a
hearing before the State Office of Administrative Hearings before a
sanction is imposed under this subchapter.
Sec. 207.404. SCHEDULE OF SANCTIONS. (a) The naturopathic
board by rule shall adopt a broad schedule of sanctions for
violations under this chapter.
(b) The State Office of Administrative Hearings shall use
the schedule for any sanction imposed under this chapter as the
result of a hearing conducted by that office.
SUBCHAPTER J. PENALTIES AND ENFORCEMENT PROCEDURES
Sec. 207.451. ADMINISTRATIVE PENALTY. (a) The
naturopathic board may impose an administrative penalty against a
person licensed under this chapter who violates this chapter or a
rule or order adopted under this chapter.
(b) An administrative penalty may not exceed $200. Each day
a violation continues or occurs is a separate violation for the
purpose of imposing a penalty. The amount of the penalty shall be
based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts,
and the hazard or potential hazard created to the health, safety, or
economic welfare of the public;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts to correct the violation; and
(5) any other matter that justice requires.
(c) The person may stay enforcement during the time the
order is under judicial review if the person pays the penalty to the
court clerk or files a supersedeas bond with the court in the amount
of the penalty. A person who cannot afford to pay the penalty or
file the bond may stay enforcement by filing an affidavit like that
required by the Texas Rules of Civil Procedure for a party who
cannot afford to file security for costs, except that the
naturopathic board may contest the affidavit as provided by those
rules.
(d) A proceeding to impose an administrative penalty is
subject to Chapter 2001, Government Code.
Sec. 207.452. CIVIL PENALTY. (a) A person found by a court
to have violated this chapter is liable to this state for a civil
penalty of $200 for each day the violation continues.
(b) A civil penalty may be recovered in a suit brought by the
attorney general, a district attorney, or a county attorney.
Sec. 207.453. CRIMINAL OFFENSE. (a) A person commits an
offense if the person knowingly violates this chapter.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the person:
(1) obtains a license by means of fraud,
misrepresentation, or concealment of a material fact;
(2) practices naturopathic medicine without a license
issued under this chapter; or
(3) sells, barters, or offers to sell or barter a
license.
(d) Each day a violation occurs constitutes a separate
offense.
SECTION 2. As soon as practicable after the effective date
of this Act, the governor shall appoint seven members to the
Naturopathic Medical Board in accordance with Chapter 207,
Occupations Code, as added by this Act. In making the initial
appointments, the governor shall designate two members for terms
expiring January 31, 2027, two members for terms expiring January
31, 2029, and three members for terms expiring January 31, 2031.
SECTION 3. Notwithstanding Chapter 207, Occupations Code,
as added by this Act, a person may be appointed to the Naturopathic
Medical Board as an initial naturopathic physician member if the
person does not hold a naturopathic physician license under that
chapter. A person appointed to the Naturopathic Medical Board as a
naturopathic physician member on or after June 1, 2026, must hold a
naturopathic physician license under Chapter 207, Occupations
Code, as added by this Act.
SECTION 4. Notwithstanding Chapter 207, Occupations Code,
as added by this Act, a person may be appointed to serve as a
naturopathic physician member of the naturopathic childbirth
attendance advisory committee if the person does not hold a
naturopathic physician license under that chapter. A person
appointed to the naturopathic childbirth attendance advisory
committee as a naturopathic physician member of the committee on or
after June 1, 2028, must hold a naturopathic physician license
under Chapter 207, Occupations Code, as added by this Act.
SECTION 5. Not later than January 1, 2026, the Naturopathic
Medical Board shall adopt the rules, procedures, and fees necessary
to administer Chapter 207, Occupations Code, as added by this Act.
SECTION 6. Notwithstanding Chapter 207, Occupations Code,
as added by this Act, a naturopathic physician is not required to
hold a license under that chapter to practice as a naturopathic
physician in this state before June 1, 2026.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2025.
(b) Section 207.201, Occupations Code, and Subchapter J,
Chapter 207, Occupations Code, as added by this Act, take effect
June 1, 2026.