Texas Alert: New TMB Complementary andAlternative Medicine Regulations

Dear Texas AAPS Members and Friends,

Earlier this year, with no meaningful public scrutiny, the Texas Medical Board (TMB) announced new rules (22 TAC §171) outlining requirements for physicians who offer what the Board considers “complementary and alternative medicine” to patients.

Notable changes from the previous rules are:

1. A new requirement for patients receiving “complementary or alternative medicine” to complete a 3-page “patient disclosure and consent” form devised by the TMB, that “may not be changed, modified, or altered … and that must be kept in the patient record.”
   
   The TMB’s form is specified in the regulation and can be found at:
   https://www.sos.state.tx.us/texreg/archive/September272024/tables-and-graphics/202404259-1.pdf 
    
2. Off-label prescriptions for FDA-regulated medications are now considered “complementary and alternative medicine” if they are not “generally considered routine treatments and medicine by the majority of licensed physicians.”  This formally enacts the guidance the TMB previously issued regarding the use of off-label drugs to treat COVID-19.
3. The new rule removes safe harbor provisions that were in the previous version, “that physicians should be allowed a reasonable and responsible degree of latitude in the kinds of therapies they offer their patients,” and “that patients have a right to seek complementary and alternative therapies.”

AAPS is monitoring TMB enforcement of these new rules and considering avenues to challenge them. If you’ve been subject to a TMB investigation related to the new rules, or are concerned that you might be, please reply to this email to let us know.

Also please consider contacting Gov. Abbott and your members of the Texas House and Senate to let them know that these TMB rules need to be reversed.  At the very least, they should be paused until there is a meaningful chance for detailed public review and input.

You can get a short message on the way to Gov. Abbott and your Texas State Senator and Representativeusing the following link:
https://aapsonline.quorum.us/campaign/131968/

Thank you for speaking out. Your voice makes a difference!

——

Additional Information: 

Link to short video with more background about the new regulations (22 TAC §171): https://www.youtube.com/watch?v=9s1zybAHh60