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By Serna H.B. No. 1390 Substitute the following for H.B. No. 1390: By Berlanga C.S.H.B. No. 1390 A BILL TO BE ENTITLED AN ACT relating to the regulation of homeopathic and integrated medicine. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 3.06(a), Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to read as follows: (a) Nothing in this Act shall be construed so as to discriminate against a school or system of medical practice, prevent the use of any vitamin, mineral, food supplement, or any choice of therapy that is legally available to the public, or to affect or limit in any way the application or use of the principles, tenets, or teachings of any church in the ministration to the sick or suffering by prayer or pastoral counseling without the use of any drug or material substance represented as being medically effective. SECTION 2. Subchapter C, Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), is amended by adding Section 3.082 to read as follows: Sec. 3.082. DISCIPLINARY ACTION BASED ON USE OF CERTAIN TYPES OF PRACTICE PROHIBITED. (a) In this section: (1) "Chelation therapy" means medical therapy used to restore cellular homeostasis through the use of intravenous, metal-binding, and bioinorganic agents. (2) "Environmental medicine" means the medical specialty that deals with the adverse health effects of environmental toxins and food sensitivities. (3) "Herbal medicine" includes plant-based natural remedies, including remedies that may have originated in ancient cultures and Native American, Ayurvedic, or Chinese traditions. (4) "Homeopathy" means a system of medicine employing substances of animal, vegetable, or mineral origin that are given in micro dosages and prepared according to homeopathic pharmacology in accordance with the principle that a substance that produces symptoms in a healthy person can, in micro dosages, cure those symptoms in an ill person. (5) "Integrated medicine" means the use, in combination, of allopathic, homeopathic, or other systems, schools, and methods of treatment to treat any illness or condition. The practices of integrated medicine include homeopathy, orthomolecular therapy, environmental medicine, herbal medicine, and chelation therapy. (6) "Orthomolecular therapy" means therapy to provide the optimum concentration of substances normally present in the human body, including vitamins, minerals, amino acids, and enzymes. (b) A physician may not be subject to disciplinary action under this Act solely for the use of a therapy, including chelation therapy, environmental medicine, herbal medicine, homeopathy, integrated medicine, or orthomolecular therapy, that contains a procedure, practice, or treatment that has proven medical value. SECTION 3. Sections 431.002(14) and (26), Health and Safety Code, are amended to read as follows: (14) "Drug" means articles recognized in the official compendium [United States Pharmacopoeia National Formulary,] or any supplement to it, articles designed or intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, articles, other than food, intended to affect the structure or any function of the body of man or other animals, and articles intended for use as a component of any article specified in this subdivision. The term does not include devices or their components, parts, or accessories or dietary supplements as defined in the federal Act. A food for which a claim is made in accordance with Section 403(r) of the federal Act, and for which the claim is approved by the secretary, is not a drug solely because the label or labeling contains such a claim. (26) "Official compendium" means the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia, the National Formulary, or any supplement to one of these documents [it]. SECTION 4. This Act takes effect September 1, 1997. SECTION 5. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.