TITLE: Texas Consumer Health Care Freedom of Choice Act
A BILL TO BE ENTITLED
TEXAS CONSUMER HEALTH FREEDOM
AN ACT
DRAFT
Relating to the regulation of complementary and alternative health care practitioners;
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle 3, Title Health Professions, Occupations Code, is amended by adding Chapter 703 to read as follows:
CHAPTER 703 TEXAS CONSUMER HEALTH FREEDOM OF CHOICE ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 703.001. Findings and Purpose.
SUBTITLE: An act to protect the rights of Texas citizens’ access to the health care modalities of their choice.
FINDINGS AND PURPOSE - The Legislature finds that:
(1) (a) Whereas, the First Amendment to the Constitution of the United States of America guarantees the rights of free speech, petition, assembly and the right to gather together for the lawful purpose of asserting rights of all Texans under Federal and State Constitutions, Laws and Statutes; and
(b) Whereas, millions of Texans presently receive a substantial volume of health care services from complementary and alternative health care providers; and
(c) Whereas, the protection of freedom of choice in health care, “health freedom”, for all Texans, is a substantial and meritorious interest;
(d) Therefore, it is incumbent upon this State to protect and preserve the numerous health options for all Texans that include, but are not limited to, complementary and alternative healthcare modalities practiced or used by any type healer, or practitioner, the world over, whether traditional or non-traditional, conventional or non-conventional;
(2) Whereas, the State of Texas does not provide for, nor issue licenses to many practitioners who provide these services in Texas, and while the Legislature has enacted licensing laws that establish respective licensing boards for health care professions, there are many complementary and alternative health care modalities in widespread use by the population that do not require licenses;
(3) Whereas, the relative safety and widespread use of complementary and alternative health care services by Texas consumers notwithstanding, the provision of many of these services may be in violation of Texas Occupations Code, Title 3, chapter 101, et seq., and as such, Texans who are clients of these practitioners could lose access to the health care services of their choice;
(4) Whereas, Texas consumers make a conscious choice in seeking complementary and alternative health care services for their health care, it is vital to have continued and improved access to these services and the availability of practitioners of complementary and alternative healthcare modalities;
(5) Therefore, by establishing this Act, the Legislature intends to reduce restriction on and to facilitate access of Texas residents to complementary and alternative health care practitioners who are providing health care services, but do not hold a health occupation license, as these complementary and alternative health care services do not pose an undue risk to the health of Texas residents, and restricting access to these services due to technical violations of the existing medical licensing laws is not warranted.
Sec. 703.002. DEFINITION OF COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICE.
1) “Complementary or alternative health care services” means health care services that include, but are not limited to: acupressure; aromatherapy; ayurveda; biofield therapy; cranial sacral therapy; culturally based traditional healing practices; dance, music, and art therapy; energetic modalities; folk practices; practices utilizing food and dietary supplements; individual biological therapies, and the physical forces of heat, cold, water, touch, and light; herbology or herbalism; homeopathy; mind/body therapeutic practices; Native American medicine; naturopathy; polarity therapy; traditional Tibetan practices; and Qigong.
2) This act applies to practitioners who provide complementary and alternative health care services and who are not licensed, certified, or registered as health care practitioners in this State under Texas Occupations Code, Title 3, Chapter 101, et seq..
Sec. 703.003. Prohibited acts.
A person who provides complementary and alternative health care services in accordance with this Chapter, but does not hold a license, permit, certification, or registration under Subtitle 3, Title Health Professions, shall not be in violation of Chapter 155 for unlicensed practice or any other allied health occupation law for unlicensed practice unless the person engages in any of the following:
(1) Provides to any person a diagnosis or treatment of a physical or mental condition and as a result of said services intentionally and directly causes that person a great risk of significant bodily harm, serious physical or mental illness, or death.
(2) Performs surgery or any other procedure that harmfully punctures the skin of a person except finger pricking for screening purposes.
(3) Prescribes or administers X-ray radiation to any person.
(4) Prescribes or administers a legend drug, a legend device, or controlled substance to any person.
(5) Recommends discontinuance of medically prescribed treatments.
(6) Holds himself or herself out, states, indicates, advertises, or implies to any person that the person is a physician, surgeon, or medical doctor or that he or she is licensed, certified, or registered by this State to practice a health care profession.
(7) This chapter does not apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act, educating customers about such products, or explaining the uses of such products.
703.04 Complementary and alternative health care client bill of rights.
(A) All unlicensed complementary and alternative health care practitioners shall provide to each complementary and alternative health care client prior to providing treatment a written copy of the complementary and alternative health care client bill of rights. A copy must also be posted in a prominent location in the office of the unlicensed complementary and alternative health care practitioner. Reasonable accommodations shall be made for those clients who cannot read or who have communication impairments and those who do not read or speak English. The complementary and alternative health care client bill of rights shall include the following:
(1) The name, complementary and alternative health care title, business address, and telephone number of the unlicensed complementary and alternative health care practitioner;
(2) the degrees, training, experience, or other qualifications of the practitioner regarding the complementary and alternative health care being provided, followed by the following statement in bold print:
"THE STATE OF TEXAS HAS NOT ADOPTED ANY EDUCATIONAL AND
TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE PRACTITIONERS. THIS STATEMENT OF CREDENTIALS IS FOR
INFORMATION PURPOSES ONLY.
If a client desires services from a physician, chiropractor, dentist, nurse, osteopath, physical or occupational or massage therapist, dietitian, midwife, acupuncture practitioner, athletic trainer, or any other type of licensed health care provider, the client may seek such services at any time.";
(3) The name, business address, and telephone number of the practitioner's supervisor, if any;
(4) Notice that a complementary and alternative health care client has the right to file a complaint with the practitioner’s supervisor, if any, and the procedure for filing complaints;
(5) the practitioner's fees per unit of service, the practitioner's method of billing for such fees, the names of any insurance companies that have agreed to reimburse the practitioner, or health maintenance organizations with whom the practitioner contracts to provide service, whether the practitioner accepts Medicare, medical assistance, or general assistance medical care, and whether the practitioner is willing to accept partial payment, or to waive payment, and in what circumstances;
(6) a statement that the client has a right to reasonable information concerning the practitioner's assessment and recommended service that is to be provided, including the expected duration of the service to be provided;
(7) A statement that the client has a right to reasonable notice of changes in services or charges;
(8) A brief summary, in plain language, of the nature of services to be provided;
(9) notice that the client has a right to complete and current information concerning the practitioner's assessment and recommended service that is to be provided, including the expected duration of the service to be provided;
(10) A statement that clients may expect courteous treatment and to be free from verbal, physical, or sexual abuse by the practitioner;
(11) A statement that client records and transactions with the practitioner are confidential, unless release of these records is authorized in writing by the client, or otherwise provided by law;
(12) A statement of the client's right to be allowed access to records and written information from records;
(13) A statement that other services may be available in the community, including where information concerning services is available;
(14) A statement that the client has the right to choose freely among available practitioners and to change practitioners after services have begun;
(15) A statement that the client has a right to coordinated transfer when there will be a change in the provider of services;
(16) A statement that the client may refuse services or treatment, unless otherwise provided by law; and
(17) A statement that the client may assert the client's rights without retaliation.
(B) Acknowledgment by client.
Before a practitioner provides health care services to a client for the first time, the practitioner shall obtain a written acknowledgment from the client stating that the client has been provided with the information described in subsection 703.04(a) of this section. The practitioner shall provide the client with a copy of this written acknowledgment and the person providing the services shall maintain a copy of the acknowledgement for a period of two years. If the disclosure information changes, the practitioner has a duty to repeat the initial requirements of this section if a client obtains services after the change.
703.05 Exemptions.
(a) This Chapter does not affect the scope of practice or prevent any activities of a licensed physician, or any other licensed health care professional.
(b) This Chapter does not apply to, control, or prevent any health care practice from being practiced, if it is already exempt from professional practice acts or State law.
(c) This Chapter does not apply to, control, or prevent a person from providing health care services, if the individual is already exempt from professional practice acts under that State law.
703.06 Remedies.
Nothing in this Chapter shall limit the right of any person to seek relief for negligence or any other civil remedy against a person providing services under the provisions of this Chapter.
Prepared By:
Texas Health Freedom Steering Committee
An IRS Approved 501(c)(4) Organization
P.O. Box 1318
Helotes, TX 78023
(210) 372-0557