The other bill of interest.

Yesterday, I posted that there were two bills going through the legislature which may be of interest to alternative providers (FBSM and the like) yet I only discussed one. My bad.

The other one is SB 1084 which relates to alternative and complimentary health 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.

Now apparently, since no license or certification is required, you don’t have to register with the state in order to do the above. Basically you can just start your own business and set up shop somewhere. HOWEVER, and you know there are always ‘howevers’, there are prohibited acts. According to the bill:

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.

No problem whatsoever with that and wholeheartedly agree that those prohibited acts should only be done by a well trained and experienced practitioner.

Something else I agree with is the required disclosure. Let the buyer decide. Give full disclosure and let them know what you do and what you are or are not. It’s like cigarrette warning labels. Look we are telling you that this could happen (cancer, birth defects, etc) but we are going to let YOU, the adult, decide for yourself. What is wrong with that? Here is the disclosure as required for complementary/alternative health care practices.

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.

Ok why can’t sex work have something like this? Sex work can be considered alternative health services if you ask me as it does have health benefits (see 10 Surprising Health Benefits of Sex). I don’t think that most adult sex workers would have a problem and may just encourage disclosures such as “Sexual intercourse does pose a risk of contracting STD’s, Hep C, etc. To minimize these risks, condom use is required blah blah blah.” Hell, I would post that in a neon sign in five different languages if it was required as a disclosure to allow adults informed consensual services. Most if not all adults know this already but hey, if it makes the state feel better and allows adults the freedom to make informed choices then I’m all for it.

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.


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