Bill Text: TX HB1716 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to regulations on certain complementary and alternative health care services.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2011-05-04 - Left pending in committee [HB1716 Detail]
Download: Texas-2011-HB1716-Introduced.html
| 82R9045 SLB-F | ||
| By: Garza | H.B. No. 1716 | |
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| 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. | ||
