Ley 210 del 2007
Resumen
Esta ley enmienda la "Ley de Derechos y Responsabilidades del Paciente" para incluir a los médicos naturópatas como "Profesionales de la Salud" y la medicina naturopática como un servicio de salud al que los pacientes tienen derecho a acceder, siempre y cuando su plan de salud cubra los servicios autorizados para estos profesionales en Puerto Rico. También establece que la compensación o reembolso para los servicios de médicos naturópatas debe ser en igualdad de condiciones que para otros profesionales de la salud que proveen servicios similares.
Contenido
(S. B. 1784) (Reconsidered) (No. 210) (Approved December 14, 2007)
AN ACT
To amend subsection
(n) and add subsection
(s) to Section 2; and amend Section 6 of Act No. 194 of August 25, 2000, as amended, known as the "Bill of Rights and Responsibilities of the Patient," to define naturopathic physician as "Health Professionals" and to include naturopathic medicine as a health service and treatment that all patients, users or consumers may select, provided that their health plan coverage includes any service that naturopathic physician are authorized to provide in Puerto Rico.
STATEMENT OF MOTIVES
Act No. 208 of December 30, 1997, as amended, known as the "Act to Regulate the Practice of Naturopathic Medicine in Puerto Rico," established the legal juridical parameters needed to practice Naturopathic Medicine so as to provide the citizens with quality health services by means of modern health care and disease prevention trends.
Subsection
(d) of Section 2 of the aforementioned Act No. 208 defines Naturopathic Medicine as "the care system practiced by a Naturopathic Physician for the prevention, diagnosis and treatment of human health conditions through the use of natural medicine, therapy and patient education in order to maintain and stimulate the intrinsic self-healing system of every individual." It is thus the Naturopathic Physician the health professional authorized to practice Naturopathic Medicine. To comply with their ministerial duty, these health professionals must obtain a Doctor's Degree in Naturopathic Medicine at an institution accredited by the Council of Naturopathic Medical Education or by the Puerto Rico Council on Higher Education or any other accrediting institution recognized by the
corresponding authorities. They must also pass a examination offered by the Naturopathic Physician Licensing Examination or its equivalent in order to obtain the License as Doctor of Naturopathic Medicine which will allow them to exercise said practice in Puerto Rico.
The White House Commission on Complementary and Alternative Medicine and the World Health Organization have determined that the health services offered by the naturopathic medicine health care professionals should be available for any patient, user or consumer. Moreover, several epidemiological studies conducted by the Harvard School of Public Health, the United States National Institutes of Health and the Centers for Disease Control of the United States Department of Health, among others, have concluded that between 42 and 62 percent of the population uses treatments typical of naturopathic medicine.
Act No. 150 of August 8, 2006, which amended the aforementioned Act No. 194, for purposes of defining chiropractors or doctors of chiropractic as "Health Professionals," was recently approved. As a result, this Legislature deems it meritorious that naturopathic physician be defined as "Health Professionals" and that naturopathic health care be included as a health service to which all patients, consumers or users shall be entitled to select and have access, provided that their health plan coverage includes any service that naturopathic physician are authorized to provide in Puerto Rico.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Subsection
(n) is hereby amended and a subsection
(s) is added to Section 2 of Act No. 194 of August 25, 2000, as amended, to read as follows: "Section 2.-Definitions.- For the purposes of this Act the following terms shall have the meaning indicated below:
(a) ...
(n) 'Health Professional' - means any practitioner duly licensed to practice in Puerto Rico, according to the laws and regulations that may apply, any of the health and medical care professions, such as, but not limited to, physicians, surgeons, podiatrists, naturopathic physicians, chiropractors, optometrists, clinical psychologists, dentists, pharmacists, nurses and medical technologists, in accordance with the authorization of the corresponding laws of Puerto Rico;"
(r) ...
(s) 'Naturopathic Physician' - means a professional duly licensed by the Board of Examiners of Doctors of Naturopathic Medicine of Puerto Rico, as defined in Act No. 208 of December 30, 1997, as amended, known as the 'Act to Regulate the Practice of Naturopathic Medicine in Puerto Rico.'"
Section 2.- Section 6 of Act No. 194 of August 25, 2000, as amended, is hereby amended to read as follows: "Rights Concerning Plan and Provider Selection Regarding the selection of health care plans and medical and hospital health care service providers, all patients, consumers or users of such plans and services in Puerto Rico are entitled to:
(a) ...
(d) Select and have access to the health services and treatments by podiatrists, chiropractors, optometrists, or naturopathic physician, if the coverage provided by their health plan offers any service that is included under the 'spectrum of practice' of a licensed podiatrist, chiropractor, naturopathic physician,
optometrist, and clinical psychologist authorized by the Commonwealth of Puerto Rico.
If the patient's coverage or plan provides for compensation or reimbursement, the beneficiary and the podiatrist, chiropractor, naturopathic physician, optometrist or clinical psychologist who render the services shall be entitled to such compensation or reimbursement under equal conditions as other health professionals that provide the same services."
Section 3.- This Act shall take effect on July 1, 2007.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 210 (S.B. 1784) (Reconsidered) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection
(n) and add subsection
(s) to Section 2; and amend Section 6 of Act No. 194 of August 25, 2000, as amended, known as the "Bill of Rights and Responsibilities of the Patient," to define naturopathic physician as "Health Professionals" and to include naturopathic medicine as a health service and treatment that all patients, users or consumers may select, provided that their health plan coverage includes any service that naturopathic physician are authorized to provide in Puerto Rico, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $31^{ ext {st }}$ of March of 2008.
Francisco J. Domenech Director