states have laws that protect patient access to alternative therapies
from licensed physicians:
| Colorado | Georgia | Indiana
| Massachusetts | New York
North Carolina | Ohio | Oklahoma
| Oregon | Texas | Washington
The following has law that protects patient access to alternative
therapies from all licensed health care professionals:
The following states have regulations that protect patient
access to alternative therapies from licensed physicians:
The following states have enacted laws that protect patient access
to EDTA Chelation, specifically, from licensed physicians:
Oklahoma | South Dakota
The following states license homeopathic practice for physicians
already licensed in any state:
links open new windows. The AZ site runs each
subsection of law as a distinct URL. This URL is for Licensing qualifications
-- the rest of Chapter 29 is accessed onsite by clicking on "Statutes"
and scrolling though 32-2900s.)
is licensed in 12 states: Alaska, Arizona, California Connecticut,
Hawaii, Maine, Montana, New Hampshire, Oregon, Utah, Vermont, and
Alaska Statute, Section 08.64.326(a)(8)(A).
incompetence, gross negligence, or repeated negligent conduct;
board may not base a finding of professional incompetence solely on the basis
that a licensee's practice is unconventional or experimental in the absence of
demonstrable physical harm to a patient.
June 14, 1990]
General Statute, Section 12-36-117. Unprofessional Conduct.
(a) For purposes of this section, "Alternative Medicine" means those
healthcare methods of diagnosis, treatment, or healing that are not generally
used but that provide a reasonable potential for therapeutic gain in a patient's
medical condition that is not outweighed by the risk of such methods.
board shall not take disciplinary action against a physician solely on the grounds
that such a physicians practices alternative medicine.
physician who practices alternative medicine shall inform each patient in writing
during the initial patient contact of such physician's education, experience,
and credentials related to the alternative medicine practiced by such physician.
law applies to all health care professions.]
Statutes, 456.41 Complementary or alternative health care treatments.--
(1) LEGISLATIVE INTENT.--It is the intent of the Legislature that
citizens be able to make informed choices for any type of health
care they deem to be an effective option for treating human disease,
pain, injury, deformity, or other physical or mental condition.
It is the intent of the Legislature that citizens be able to choose
from all health care options, including the prevailing or conventional
treatment methods as well as other treatments designed to complement
or substitute for the prevailing or conventional treatment methods.
It is the intent of the Legislature that health care practitioners
be able to offer complementary or3 alternative health care treatments
with the same requirements, provisions, and liabilities as those
associated with the prevailing or conventional treatment methods.
(2) DEFINITIONS.--As used in this section, the term:
(a) "Complementary or alternative health care8 treatment" means
any treatment that is designed to provide patients with an effective
option to the prevailing or conventional treatment methods associated
with the services provided by a health care practitioner. Such a
treatment may be provided in addition to or in place of other treatment
(b) "Health care practitioner" means any health care practitioner
as defined in s. 456.001(4).
(3) COMMUNICATION OF TREATMENT ALTERNATIVES.--A health care practitioner
who offers to provide a patient with a complementary or alternative
health care treatment must inform the patient of the nature of the
treatment and must explain the benefits and risks associated with
the treatment to the extent necessary for the patient to make an
informed and prudent decision regarding such treatment option. In
compliance with this subsection:
(a) The health care practitioner must inform the patient of the
practitioner's education, experience, and credentials in relation
to the complementary or alternative health care treatment option.
(b) The health care practitioner may, in his or her discretion,
communicate the information orally or in writtenform directly to
the patient or to the patient's legal representative.
(c) The health care practitioner may, in his or her discretion and
without restriction, recommend any mode of treatment that is, in
his or her judgment, in the best interests of the patient, including
complementary or alternative health care treatments, in accordance
with the provisions of his or her license.
(4) RECORDS.--Every health care practitioner providing a patient
with a complementary or alternative health care treatment must indicate
in the patient's care record the method by which the requirements
of subsection (3) were met.
EFFECT.--This section does not modify or change the scope of practice
of any licensees of the department, nor does it alter in any way
the provisions of the individual practice acts for those licensees,
which require licensees to practice within their respective standards
of care and which prohibit fraud and exploitation of patients.
Statutes section 381.026: Patient's Bill of Rights and Responsibilities.--
(4) RIGHTS OF PATIENTS.--Each health care facility or provider shall
observe the following standards:
(d) Access to health care.--
1. A patient has the right to impartial access to medical treatment
or accommodations, regardless of race, national origin, religion,
physical handicap, or source of payment.
2. A patient has the right to treatment for any emergency medical
condition that will deteriorate from failure to provide such treatment.
3. A patient has the right to access any mode of treatment that
is, in his or her own judgment and the judgmentof his or her health
care practitioner, in the best interests of the patient, including
complementary or alternative health care treatments, in accordance
with the provisions of s. 456.41.
on May 8, 2001]
Code of Georgia Annotated, Section 43-34-42.1.
This section shall be known and may be cited as the "Access to Medical Treatment
any other section of law, and except as provided in subsection (c) of this Code
section, an individual shall have the right to be treated for any life threatening
illness, disease or condition by a person licensed to practice medicine under
this article with any investigational medical treatment that such individuals
desires or the legal representative of such individual authorizes if such person
licensed to practice medicine under this article has personally examined such
individual and agrees to treat such individual.
A person licensed to practice medicine under this article may provide any medical
treatment to an individual described in subsection (b) of this Code section if:
There is no reasonable basis to conclude that the treatment itself, when used
as directed, poses an unreasonable and significant risk of danger to such individual;
(2) The person
licensed to practice medicine under this article has provided the patient with
a written statement and an oral explanation, which the patient has acknowledged
with the patient's signature or the signature of the patient's legal representative,
that discloses the facts regarding the nature of the treatment., specifically
including that the treatment offered is experimental, not approved by the FDA
for such indication, and available alternatives, as well as the material risks
generally recognized by reasonably prudent physicians of such treatment's side
(d) The treatment
of patients in compliance with this Code section by a person licensed to practice
medicine under this article shall not by itself constitute unprofessional practice
April 22, 1997]
intent, in bill introduction, explains that purpose of the bill
is to "provide that individuals have the right to be provided
with any medical treatment desired or authorized under certain conditions....")
Experimental or nonconventional treatment; protocols for treatment
Sec. 2.1. (a)
An individual who consents under IC 34-18-12 may receive any experimental
or nonconventional medical treatment if:
(1) a licensed physician has personally examined the individual
and agrees to treat the individual;
(2) there is no reasonable basis to conclude that the medical treatment,
when administered as directed, poses an unreasonable and significant
risk of danger to the individual receiving the medical treatment;
(3) the physician has provided the individual with a written statement
and an oral explanation of the medical treatment that the individual
has acknowledged by the individual's signature or the signature
of the individual's legal representative and that discloses the
(A) That the medical treatment is experimental or nonconventional.
(B) That the drug or medical device has not been approved by the
United States Food and Drug Administration for any indication.
(C) The material risks generally recognized by a reasonably prudent
physician of the medical treatment's side effects.
(b) If the
medical treatment is to be provided on an inpatient or outpatient
basis at a hospital licensed under IC 16-21, then that type of treatment
must have been approved by the governing board of the hospital or
by a commitee of the hospital authorized by the governing board
to approve the types of experimental or nonconventional medical
treatments that may be provided at the hospital on an inpatient
or outpatient basis.
(c) The medical
licensing board shall develop protocols for medical treatments that
are provided in a setting other than the inpatient or outpatient
hospital setting specified in subsection (b). A physician who fails
to comply with a protocol developed under this subsection shall
be subject to discipline by the medical licensing board.
(d) This section
does not require any person or organization to provide an individual
with access to a medical treatment not otherwise commercially available
to that individual.
(e) This section
does not require: (1) an insurer; (2) a fraternal benefit society;
(3) a nonprofit corporation; (4) a health maintenance organization
(as defined in IC 27-13-1-19); (5) a preferred provider arrangement
under IC 27-8-11; or (6) a limited service health maintenance organization
(as defined in IC 27-13-34-4); to provide coverage or make payment
beyond the terms and conditions of the contract for medical treatment
authorized under this section.
As added by
P.L.44-1998, SEC.2. Amended by P.L.49-1999, SEC.1.
two forms of protection for CAM practices: the first was a law
to assure access to EDTA Chelation Therapy from medical doctors
which sunset in 2001, and the second is a regulation
that protects access to all CAM therapies from medical doctors,
AN ACT (sunset
To enact R.S. 37:1285.3 and Part II-B of Chapter 4 of Title 40 of
the Louisiana Revised Statues of 1950, to be comprised of R.S. 40:678,
relative to the practice of medicine; to authorize the use of chelating
agents and chelation thearapy by physicians; to provide for the
nullity or rules and regulation in conflict with this grant of authority;
and to provide for related matters.
Be it enacted
by the Legislature of Louisiana:
Section 1. R.S.
1285.3 be it enacted by the Legislature of Louisiana
A. Until February
1, 2001, and as further provided in Subsection C of this Section,
it shall be lawful in the state of Louisiana for a licensed physician
to prescribe, dispense, administere, supply, sell, give, or otherwise
make available to any patient any chelating agent or any form of
chelation therapy for the treatment or prevention of any medical
condition when the physician deems it in the best interest of the
For the purposes of the Section, "chelating agent" shall mean any
medication which is a parenteral or oral metal-binding and bioinorganic
agent, For the purposes of the Section "chelation therapy" means
a therapy to restore cellular homeostasis through the use of a parenteral
or oral chelating agent. For the puroposes of this Act, "physician"
shall mean a physician licensed to practice medicine in this state
under the provisions of R.S. 37:1261 et seq.
C. In an effort
to make alternative medical therapy available to the citizens of
the state in the safest and most advantageous way possible, the
Louisiana State Board of Medical lExaminers may choose to engage
in a study of the utilization of chelation therapy. No rulemaking
effort by the board on this topic shall commence until the board
has completed such a study including but not limited to adequate
public notice, solicitation of all interested parties, and submission
of the required reportt, all as in provided for under the provisions
of the Administrative Procedure Act. No such report shall be submitted
to the legislature prior to February , 2001, unless there is clear
and convincing scientific evidence tha the actual use of chelation
therapy produces harmful side effects or individuals receiving this
form of therapy.
Section 2. Part
II-B of Chapter 4 of Title 40 of the Louisiana Revised Statues,
comprised of R.S. 40.678 is hereby enacted to read as follows:
rules in the subject of chelation therapy previously published as
a notice of intent in the louisiana Regeister and any and all rules
and regulations promulgated by the Department of Health and Hospitals,
Board of Medical Examiners in conflict with the provision of Section
1 and 2 of the Act are hereby declared null, void, and of no effect.
Title 46, Professional
and Occupational Standards, Chapter 41. Integrative and Complementary
Medicine. [These regulations are very lengthy and we have only excerpted
certain parts. The full regulations including the intent, reporting
requirements, advisory committee, and fiscal impact can be read
as a pdf file at the Louisiana
Register site --the link opens a new window to page 1936, scroll
down to page 1951.]
Integrative or Complementary Medicine diagnostic methods
or therapies offered or employed by a physician, or under his on-site
supervision and direction, in addition or as an alternative to conventional
medicine methods or therapies, in the diagnosis, prevention or treatment
of and illness, disease or condition which do not, in the judgment
of the physician, pose a safety risk for a patient that is unreasonable
greater than conventional medicine methods or therapies and provided
there exists a reasonable probability for diagnostic or therapeutic
effectiveness in its intended use. Integrative or complementary
medicine does not include the use of controlled substances in the
treatment of patients suffering from chemical dependency.
General Conditions/ Prohibitions
The use of integrative or complementary medicine for the diagnosis
or treatment of any illness, disease or condition, constitutes legitimate
medical therapy when provided in the course of professional medical
practice, complies with the standard of care applicable to conventional
medicine practitioners, and when fully documented in the patient's
medical record. Any physician utilizing integrative or complementary
medicine shall do so with strict compliance the rules enumerated
in this Chapter.
Use of Integrative or Complementary Medicine; Limitations Requisite
physician offering or utilizing integrative or complementary medicine
shall comply with the following rules:
1.Evaluation of the Patient. Prior to offering integrative
or complementary medicine, a physician shall perform an evaluation
of the patient that shall include but not be limited to any conventional
methods of diagnosis which, in the judgment of the physician, are
deemed necessary or appropriate to the condition of the patient.
Such evaluation shall include
a. a relevant medical history; and
b. an appropriate physical examination; and
c. a review of any relevant diagnostic studies or therapies undertaken
or previously attempted.
2. Medical Diagnosis. A medical diagnosis shall be established
by the physician and documented in the patient's medical record,
which indicated the nature of the patient's illness, disease, condition
or;other reason for which treatment is being sought if determinable.
3. Treatment Plan. A treatment plan by which progress or
success can be evaluated with stated objective shall be formulated
by the physician which is tailored to the individual needs of the
patient and documented in the patient's medical record. Such a plan
shall include documentation of:
a. whether conventional or complementary methods or diagnosis or
treatment have been considered, are being undertaken or have been
attempted without adequate or reasonable success or a statement
that the patient has refused such methods;
b. consideration for the need for conventional testing, consultation,
referral or treatment where indicated;
c. the intended role of integrative complementary medicine within
the overall plan; and
d. whether integrative or complementary medicine offered or utilized
could interfere with any ongoing conventional therapy.
4. Informed Consent. A physician shall inform a patient or
his guardian of each of the following, which discussions shall be
noted in some form in the patient's record:
a. his education, experience and credentials regarding any integrative
or complementary medicine which is recommended; and
b. the risks and benefits of both conventional medicine and integrative
or complementary medicine incorporated within each treatment plan.
though publication in the Louisana Register, November 2001, pages
General Law Annotated, Chapter 112, Section 7.
two to six, inclusive, and section eight shall not be held to discriminate against
any particular school or system of medicine.
old non-discrimination statutes in California and Texas, the Massachusetts law
has been and continues to be upheld as a health freedom law.)
of Nevada Annotated Code [Regulation]
1. A licensee shall not practice medicine by utilizing any means
or instrumentality that has a risk for a patient that is unreasonably
greater than the means or instrumentality ordinarily utilized by
physicians in good standing practicing in the same specialty or
field or that is provided as a substitute for conventional treatment
that has proven to be of substantial benefit to the patient.
to the conditions hereinafter set forth, a licensee may practice
medicine by utilizing any means or instrumentality that is not prohibited
by this section. Failure to practice by such means or instrumentality
in conformity with the following conditions is grounds for disciplinary
(a) Prior to
offering advice about the means or instrumentality of treatment,
the licensee shall undertake an assessment of the patient. This
assessment should include but not be limited to, conventional methods
of diagnosis ordinarily utilized by physicians in good standing
practicing in the same specialty or field, and may include non-conventional
methods of diagnosis which shall be documented in the patient’s
chart. Such assessment shall include the following:
(1) An adequate medical record;
(2) Documentation as to whether such conventional treatment options
ordinarily utilized by physicians in good standing practicing in
the same specialty or field have been discussed with the patient
and shall include referral input, if necessary;
(3) Documentation as to whether such conventional treatment options
have been tried, and if so, with what results, or a statement as
to whether conventional treatment has been refused by the patient;
(4) If a treatment is offered which is not considered to be conventional,
documentation of informed consent for each treatment plan must be
included (including documentation that the risks and benefits of
the use of both the conventional and the other means or instrumentality
of treatment were discussed with the patient or guardian);
(5) A review of the current diagnosis and conventional treatment
and documentation as to whether the other means or instrumentality
of treatment could interfere with any other ongoing conventional
(b) The licensee
may offer the patient other means or instrumentality of treatment
other than conventional treatment pursuant to a documented treatment
plan tailored for the individual needs of the patient by which treatment
progress or success can be evaluated with stated objectives such
as pain relief and/or improved physical and/or psychosocial function.
Such a documented treatment plan shall consider pertinent medical
history, previous medical records and physical examination, as well
as the need for further testing, consultations, referrals, or the
use of other treatment modalities.
(c) The licensee
may use the means or instrumentalities of treatment other than conventional
treatment subject to documented periodic review of the patient’s
care by the licensee at reasonable intervals in view of the individual
circumstances of the patient in regard to progress toward reaching
treatment objectives which takes into consideration the treatment
prescribed, ordered or administered, as well as any new information
about the etiology of the complaint.
and accurate records of the care provided including the elements
addressed in paragraphs (2)(a)(1) through (2)(a)(5) of this section
shall be kept.
3. For purposes
of this section, conventional treatment means those health care
methods of diagnosis , treatments, or interventions that are offered
by most licensed physicians as generally accepted methods of routine
practice, based upon medical training, experience and review of
the peer reviewed scientific literature, and which are ordinarily
utilized by physicians in good standing practicing in the same specialty
26, 2000 by the Nevada State Board of Medical Examiners
regulation penalizing a licensee who would "Treat any patient
in a manner not recognized scientifically as being beneficial"
was repealed by the same regulatory act.")
The New York act, Chapter 558 of 1994, amended
one section of the education law and two sections of the public
Law, Section 6527(4).
This article [Article 131.] shall not be construed to affect or prevent the following:
The physician's use of whatever medical care, conventional or non-conventional,
which effectively treats human disease, pain, injury, deformity, or physical condition.
Health Law, Section 230, Subdivision 1.
state board for professional medical conduct is hereby created. . . not fewer
than 2 of whom shall be physicians who dedicate a significant portion of their
practice to the use of non-conventional medical treatments who may be nominated
by New York state medical associations dedicated to the advancement of such medical
treatments. . .
Health Law. Section 230, Subdivision 10(a) Investigation. (ii) If the investigation
of cases referred to an investigation committee involves issues of clinical practice,
medical experts shall be consulted. Experts may be made available by the state
medical society of the state of New York, county medical societies and specialty
societies, and by New York state medical associations dedicated to the advancement
of non-conventional medical treatments.
New York utilizes legislative intent to clarify terms of laws, in this case, effectively
treats is clarified to mean "has been shown to be effective but has not yet
gained general acceptance in the United States.")
Carolina General Statute, Section 90-14(a)(6).
conduct. . . The Board shall not revoke the license of or deny a license to a
person solely because of that person's practice of a therapy that is experimental,
nontraditional, or that departs from acceptable a prevailing medical practices
unless, by competent evidence, the Board can establish that the treatment has
a safety risk greater than the prevailing treatment or that the treatment is generally
And, more recently:
General Statute, Section 90-2 Medical
(a) In order to properly regulate the practice of medicine and surgery
for the benefit and protection of the people of North Carolina,
there is established the North Carolina Medical Board. There is
established the North Carolina Medical Board to regulate the practice
of medicine and surgery for the benefit and protection of the people
of North Carolina. The Board shall consist of 12 members. (1) Seven
of the members shall be duly licensed physicians elected and nominated
to the Governor by the North Carolina Medical Society. (2) Of the
remaining five members, all to be appointed by the Governor, one
shall be a duly licensed physician who is a doctor of osteopathy
or a full- time faculty member of one of the medical schools in
North Carolina who utilizes integrative medicine in that person's
clinical practice or a member of The Old North State Medical Society...
§ 90-2.1. Integrative
medicine defined. For purposes of this Article, the term "integrative
medicine" means a diagnostic or therapeutic treatment that may not
be considered a conventionally accepted medical treatment and that
a licensed physician in the physician's professional opinion believes
may be of potential benefit to the patient, so long as the treatment
poses no greater risk of harm to the patient than the comparable
Prior to taking action against any licensee who practices integrative
medicine for providing care not in accordance with the standards
of practice for the procedures or treatments administered, the Board
shall consult with a licensee who practices integrative medicine.
4731.227 of the Ohio Revised Code:
AN INDIVIDUAL AUTHORIZED TO PRACTICE MEDICINE AND
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY MAY USE ALTERNATIVE
MEDICAL TREATMENTS IF THE PHYSICIAN PROVIDES THE NECESSARY INFORMATION
IN ORDER TO OBTAIN INFORMED CONSENT FROM THE PATIENT AND THE TREATMENT
MEETS THE STANDARDS ENFORCED BY THE STATE MEDICAL BOARD PURSUANT
TO SECTION 4731.22 OF THE REVISED CODE AND ANY RULES ADOPTED BY
AS USED IN THIS SECTION, "ALTERNATIVE MEDICAL TREATMENT"
MEANS CARE THAT IS COMPLIMENTARY TO OR DIFFERS FROM CONVENTIONAL
MEDICAL CARE BUT IS REASONABLE WHEN THE BENEFITS AND RISKS OF THE
ALTERNATIVE MEDICAL TREATMENT AND THE CONVENTIONAL CARE ARE COMPARED.
[Enacted July 10, 2000]
protection by two laws. The first was passed in 1983 specific to
EDTA Chelation in Tort Law, and the second was passed in 1994 for
all CAM in medical practice law.
1983 Chelation statute:
Statute Title 76,
76- 20.1 Healing
Arts - Standard of Care.
The standard of care required of those engaged in the healing arts
within the State of Oklahoma shall be measured by national standards.
or other authorized therapy not prohibited.
Nothing in the above act shall be construed to prohibit the use
of EDTA chelation therapy or any other therapy or treatment authorized
The 1994 medical practice statute:
59- 492(F) Nothing
in the Oklahoma Allopathic Medical and Surgical Licensure and Supervision
Act shall prohibit services rendered by any person practicing nonallopathic
shall not deny a license to a person otherwise qualified to practice
allopathic medicine within the meaning of this act solely because
the person's practice or therapy is experimental or nontraditional.
may take disciplinary action . . . . The Board shall not revoke
the license of a person otherwise qualified to practice allopathic
medicine within the meaning of this act solely because the person's
practice is experimental or nontraditional.
intent section [OS59.480] explains that allopathic medicine does
not include homeopathy.)
Revised Statutes, Section 677.190, Subsection (1) Unprofessional Conduct.
For purposes of this subsection, the use of an alternative medical treatment shall
not by itself constitute unprofessional conduct. For the purposes of this paragraph:
"alternative medical treatment" means:
A treatment that the treating physician, based on the physician's professional
experience, has an objective basis to believe has a reasonable probability for
effectiveness in its intended use even if the treatment is outside recognized
scientific guidelines, is unproven, is no longer used as a generally recognized
or standard treatment or lack approval of the United States Food and Drug Administration;
A treatment that is supported for specific usages or outcomes by at least one
other physician licensed by the Board of Medical Examiners; and
A treatment that poses no greater risk to a patient than the generally recognized
or standards treatment.
"Alternative medical treatment" does not include use by a physicians
of controlled substances in the treatment of a person for chemical dependency
resulting from the use of controlled substances.
May 30, 1995]
and Occupations Statute
for cancellation, revocation, suspension or limitation of license.
The South Dakota State Board of Medical and Osteopathic Examiners
may cancel, revoke, suspend or limit the license of any physician,
surgeon or osteopathic physician or surgeon issued under this chapter
upon satisfactory proof in compliance with chapter 1-26 of such
a licensee's gross incompetence, or unprofessional or dishonorable
conduct or proof of a violation of this chapter in any respect.
However, the board may not base a finding of unprofessional or dishonorable
conduct solely on the basis that a licensee practices chelation
protection in three forms: A consitutional provision,
an early law still on the books, and as of
October 24, 1998, a regulation. We at Healthlobby
did not consider TX to be a Health Freedom State until the new regulation,
because our research showed that the existing consitutional and
statutory protections were not being enforced. The new regulations
should accomplish that.
Constitution of the State of Texas. Article 16, §31.
Legislature may pass laws prescribing the qualifications of practitioners of medicine
in this state, and to punish persons for mal-practice, but no preference shall
ever be given by law to any schools of medicine.
of medicine" has been settled by the Texas Criminal Court of Appeals to mean
"system, means, or method employed or schools of thought accepted by practitioner"
Ex parte Halsted, 182 S.W.2d 479, 1944.)
Texas Medical Practices Act: TMPA §3.06
(a): Nothing in this act shall be construed so as to discriminate against a school
or system of medical practice. . .
consolidated multiple state medical boards. Therapeutic distinctions of homeopathy,
eclectic and naturopathy were considered to be additions to the basic allopathic
"science" required of all licensees.)
Texas Administrative Code: 22 TAC §§200.1-200.3 [regulation]
for Physicians Practicing Integrative and Complementary Medicine
Purpose. The purpose of this chapter is to recognize that physicians should be
allowed a reasonable and responsible degree of latitude in the kinds of therapies
they offer their patients. The Board also recognizes that patients have a right
to seek integrative or complementary therapies.
Definitions. The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise.
Integrative and Complementary Medicine- Those health care methods of diagnosis,
treatment, or interventions that are not acknowledged to be conventional but that
may be offered by some licensed physicians in addition to, or as an alternative
to, conventional medicine, and that provide a reasonable potential for therapeutic
gain in a patient's medical condition and that are not reasonably outweighed by
the risk of such methods.
Conventional Medicine - Those health care methods of diagnosis, treatment, or
interventions that are offered by most licensed physicians as generally accepted
methods of routine practice, based upon medical training, experience and review
of the peer reviewed scientific literature.
Practice Guidelines for the Provision of Integrative and Complementary Medicine.
A licensed physician shall not be found guilty of unprofessional conduct or be
found to have committed professional failure to practice medicine in an acceptable
manner solely on the basis of employing a health care method of integrative or
complementary medicine, unless it can be demonstrated that such method has a safety
risk for the patient that is unreasonably greater than the conventional treatment
for the patient's medical condition. The Texas State Board of Medical Examiners
will use the following guidelines to determine whether a physician's conduct violates
the Medical Practice Act, §§3.08(4), 3.08(4)(E), and 3.08(18) in regard
to providing complementary and integrative medical treatment.
Prior to offering advice about complementary health care therapies, the physician
shall undertake an assessment of the patient. This assessment should include but
not be limited to, conventional methods of diagnosis and may include non-conventional
methods of diagnosis and shall be documented in the patient's chart. Such assessment
shall include the following listed in subparagraphs (A)-(E) of this paragraph:
(A) adequate medical records as defined in §165.1 of this title (relating
to Medical Records);
(B) documentation as to whether conventional medical
treatment options have been discussed with the patient and referral input, if
(C) documentation as to whether conventional medical options have
been tried, and if so, to what effect or a statement as to whether conventional
options have been refused by the patient;
(D) if a treatment is offered which
is not considered to be conventional, documentation of at least a verbal informed
consent for each treatment plan must be included (including documentation that
the risks and benefits of the use of the treatment were discussed with the patient
(E) documentation as to whether the complementary health care
therapy could interfere with any other ongoing conventional treatment.
The physician may offer the patient complementary and integrative treatment pursuant
to a documented treatment plan tailored for the individual needs of the patient
by which treatment progress or success can be evaluated with stated objectives
such as pain relief and/or improved physical and/or psychosocial function. Such
a documented treatment plan shall consider pertinent medical history, previous
medical records and physical examination, as well as the need for further testing,
consultations, referrals, or the use of other treatment modalities.
The physician may use the treatment subject to documented periodic review of the
patient's care by the physician at reasonable intervals in view of the individual
circumstances of the patient in regard to progress toward reaching treatment objectives
which takes into consideration the treatment prescribed, ordered or administered,
as well as any new information about the etiology of the complaint.
Complete and accurate records of the care provided including the elements addressed
in paragraph (1)(A)-(E) of this section should be kept.
If the provisions set out in paragraphs (1)-(4) of this section are met, and if
all treatment is properly documented, the board will presume such practices are
in conformity with the Medical Practice Act, §§3.08(4), 3.08(4)(E),
October 24, 1998]
intent is discussed the Preamble to Agency Rules)
Revised Code Annotated, Section 18.130.180(4).
negligence or malpractice. . . . The use of a nontraditional treatment by itself
shall not constitute unprofessional conduct, provided that it does not result
in injury to a patient or create an unreasonable risk that a patient may be harmed.
May 21, 1991]