http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_0551-0600/sb_577_bill_20020923_chaptered.html

 

BILL NUMBER: SB 577	CHAPTERED BILL TEXT

	CHAPTER  820
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2002
	PASSED THE SENATE  AUGUST 19, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	AMENDED IN ASSEMBLY  JUNE 28, 2002
	AMENDED IN SENATE  APRIL 19, 2001

INTRODUCED BY   Senator Burton

                        FEBRUARY 22, 2001

   An act to add  Sections 2053.5 and 2053.6 to the Business and
Professions Code, relating to health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 577, Burton.  Health:  complementary and alternative health
care practitioners.
   Existing law regulates the practice of medicine in the state, and
in that regard prohibits persons who are not licensed as physicians
and surgeons from engaging in certain activities constituting the
practice of medicine.
   This bill, notwithstanding any other provision of law, would
provide that a person engaging in certain medical treatments who
makes specified written disclosures to a client shall not be in
violation of certain provisions of the Medical Practice Act unless
that person engages in specified diagnosis, treatment, and other
activities.  The bill would require a person who advertises himself
or herself as performing the services that are subject to those
requirements to state in the advertisement that he or she is not
licensed by the state as a healing arts practitioner.
   This bill would also make various findings of the Legislature
concerning the utilization of complementary and alternative health
care services.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) Based upon a comprehensive report by the National Institute of
Medicine and other studies, including a study published by the New
England Journal of Medicine, it is evident that millions of
Californians, perhaps more than five million, are presently receiving
a substantial volume of health care services from complementary and
alternative health care practitioners.  Those studies further
indicate that individuals utilizing complementary and alternative
health care services cut across a wide variety of age, ethnic,
socioeconomic, and other demographic categories.
   (b) Notwithstanding the widespread utilization of complementary
and alternative medical services by Californians, the provision of
many of these services may be in technical violation of the Medical
Practice Act (Chapter 5 (commencing with Section 2000) of Division 2
of the Business and Professions Code).  Complementary and alternative
health care practitioners could therefore be subject to fines,
penalties, and the restriction of their practice under the Medical
Practice Act even though there is no demonstration that their
practices are harmful to the public.
   (c) The Legislature intends, by enactment of this act, to  allow
access by  California residents to complementary and alternative
health care practitioners who are not providing services that require
medical training and credentials.  The Legislature further finds
that these nonmedical complementary and alternative services do not
pose a known risk to the health and safety of California residents,
and that restricting access to those services due to technical
violations of the Medical Practice Act is not warranted.
  SEC. 2.  Section 2053.5 is added to the Business and Professions
Code, to read:
   2053.5.  (a) Notwithstanding any other provision of law, a person
who complies with the requirements of Section 2053.6 shall not be in
violation of Section 2051, 2052, or 2053 unless that person does any
of the following:
   (1)  Conducts surgery or any other procedure on another person
that punctures the skin or harmfully invades the body.
   (2)  Administers or prescribes X-ray radiation to another person.

   (3)  Prescribes or administers legend drugs or controlled
substances to another person.
   (4)  Recommends the discontinuance of legend drugs or controlled
substances prescribed by an appropriately licensed practitioner.
   (5)  Willfully diagnoses and treats a physical or mental condition
of any person under circumstances or conditions that cause or create
a risk of great bodily harm, serious physical or mental illness, or
death.
   (6) Sets fractures.
   (7) Treats lacerations or abrasions through electrotherapy.
   (8)  Holds out, states, indicates, advertises, or implies to a
client or prospective client that he or she is a physician, a
surgeon, or a physician and surgeon.
   (b) A person who advertises any services that are not unlawful
under Section 2051, 2052, or 2053 pursuant to subdivision (a) shall
disclose in the advertisement that he or she is not licensed by the
state as a healing arts practitioner.
  SEC. 3.  Section 2053.6 is added to the Business and Professions
Code, to read:
   2053.6.  (a) A person who provides services pursuant to Section
2053.5 that are not unlawful under Section 2051, 2052, or 2053 shall,
prior to providing those services, do the following:
   (1) Disclose to the client in a written statement using plain
language the following information:
   (A) That he or she is not a licensed physician.
   (B) That the treatment is alternative or complementary to healing
arts services licensed by the state.
   (C) That the services to be provided are not licensed by the
state.
   (D) The nature of the services to be provided.
   (E) The theory of treatment upon which the services are based.
   (F) His or her educational, training, experience, and other
qualifications regarding the services to be provided.
   (2) Obtain a written acknowledgement from the client stating that
he or she has been provided with the information described in
paragraph (1).  The client shall be provided with a copy of the
written acknowledgement, which shall be maintained by the person
providing the service for three years.
   (b) The information required by subdivision (a) shall be provided
in a language that the client understands.
   (c) Nothing in this section or in Section 2053.5 shall be
construed to do the following:
   (1) Affect the scope of practice of licensed physicians and
surgeons.
   (2) Limit the right of any person to seek relief for negligence or
any other civil remedy against a person providing services subject
to the requirements of this section.