BILL NUMBER: SB 577	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 19, 2001

INTRODUCED BY   Senator Burton

                        FEBRUARY 22, 2001

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 577, as amended, Burton.  Health:  complementary 
medicine   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 would require the State Department of Health Services to
conduct a study and report to the Legislature regarding the types of
complementary medicine available in the state, the regulation of
complementary medicine and complementary medicine practitioners, an
evaluation of options for oversight of the complementary medicine
industry, and ways to promote consumer access.  
   This bill, notwithstanding any other provision of law, would
provide that a person who discloses to a client that he or she is not
a licensed physician shall not be in violation of certain provisions
of the Medical Practice Act unless that person engages in specified
diagnosis, treatment, and other activities with respect to another
person.
   This bill would also make various findings of the Legislature
concerning the utilization of complementary and alternative health
care services. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
yes   no  . State-mandated local program:  no.


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

  
  SECTION 1.  (a) The State Department of Health Services 

  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 was no demonstration that their
practices are harmful to the public.
   (c) The Legislature intends, by enactment of this act, to
facilitate access by Californian 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 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.  Notwithstanding any other provision of law, a person who
discloses to a client that he or she is not a licensed physician
shall not be in violation of Section 2051, 2052, or 2053 unless that
person does any of the following:
   (a) Conducts surgery or any other procedure on another person that
punctures the skin or harmfully invades the body.
   (b) Administers or prescribes x-ray radiation to another person.
   (c) Prescribes or administers legend drugs or controlled
substances to another person.
   (d) Recommends the discontinuance of legend drugs or controlled
substances prescribed by an appropriately licensed practitioner.
   (e) Willfully diagnoses and treats a physical or mental condition
of any person under circumstances or conditions that cause or create
great bodily harm, serious physical or mental illness, or death.
   (f) 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.   shall conduct a
study based on existing literature, information, and data on the
scope of complementary medicine in California.  The study shall
include:
   (1) A report on the types of complementary medicine therapies
available in the state.
   (2) A report on existing regulation of complementary medicine and
complementary medicine practitioners.
   (3) An evaluation of options for oversight of the complementary
medicine industry in order to protect providers and consumers.
   (4) A report recommending ways to promote consumer access to a
broad range of healing and health care information.
   (b) The study shall be submitted to the Legislature no later than
October 1, 2002.