HB 40 Bill Analysis
BILL ANALYSIS
BACKGROUND AND PURPOSE
According to the National Center for Complementary and Alternative Medicine (NCCAM), complementary and alternative medicine (CAM) is a “group of diverse medical and health care systems, practices, and products that are not presently considered to be part of conventional medicine.” Complementary medicine is used together with conventional medicine, while alternative medicines would be used in place of conventional medicine.
In a 2002 the annual National Health Interview Survey completed by the National Center for Health Statistics (NCHS, part of the Centers for Disease Control and Prevention) included detailed questions on CAM. The report was completed by over 31,000 adults and showed that that, 62 percent of adults are using CAM when megavitamins and prayer are included in the definition. When those CAMs are removed, the survey showed that 36 percent of the population was using some form of CAM.
Other surveys showed that the U.S. public had spent between $36 billion and $47 billion on CAM therapies in that 1997. Of that, between $12 billion and $20 billion was paid out-of-pocket for the services of CAM health care providers.
While the use of CAM increases, the industry faces concerns on the part of the traditional medical establishment that some practitioners are misrepresenting what they do as practicing medicine. Because of that concern, both legitimate and fraudulent CAM providers have come under attack.
House Bill 3056 would clearly establish prohibited acts for CAM providers and require disclosure of the fact, among other things, that the provider may not provide a medical diagnosis or recommend that a person discontinue a medically prescribed treatment.
RULEMAKING AUTHORITY
It is the opinion of the committee that this bill does not expressly grant any additional rulemaking authority to a state officer, agency, or institution.
ANALYSIS
HB 3056 amends Subtitle M, Title 3, Occupations Code by adding a new Chapter 703 entitled “Complementary and Alternative Health Care Services.” The chapter defines the term “complementary and alternative health care service;” specifies to whom the chapter applies; details prohibited acts by a provider; and requires a disclosure form to be provided to a client prior to providing services.
EFFECTIVE DATE
September 1, 2007
