BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 577
Author: Burton (D)
Amended: 6/28/02
Vote: 21
SENATE BUSINESS & PROFESSIONS COMMITTEE : 6-0, 1/14/02
AYES: Figueroa, Johannessen, Machado, Morrow, Murray,
O'Connell
SENATE FLOOR : 33-0, 1/22/02
AYES: Ackerman, Alarcon, Alpert, Battin, Bowen, Brulte,
Burton, Chesbro, Costa, Dunn, Escutia, Figueroa, Haynes,
Johannessen, Johnson, Karnette, Knight, Machado, Margett,
McClintock, McPherson, Morrow, Murray, O'Connell, Oller,
Ortiz, Peace, Poochigian, Romero, Sher, Soto, Torlakson,
Vincent
ASSEMBLY FLOOR : 75-0, 8/15/02 - See last page for vote
SUBJECT : Health: complementary and alternative health
care practitioners
SOURCE : California Health Freedom Coalition
DIGEST : This specifies that a person who complies with
the requirements of this bill, and who does not perform
specified actions such as puncturing the skin or
prescribing drugs, is not in violation of specified
provisions of the Medical Practice Act. This bill requires
a person who provides services pursuant to this bill to
provide specified information to the client in a written
CONTINUED
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statement using plain language, including that he or she is
not a licensed physician.
Assembly Amendments (1) add setting fractures and treating
lacerations or abrasions through electrotherapy to actions
that may not be performed; (2) require a person who
advertises any services that are not unlawful to disclose
in the advertisement that he or she is not licensed by the
State as a healing arts practitioner; and (3) require a
person providing services pursuant to this bill to provide
specified information, including that he or she is not a
licensed physician.
ANALYSIS : Existing law (the Medical Practice Act)
regulates the practice of medicine in this State and
prohibits persons who are not licensed as physicians from
engaging in certain activities that constitute the practice
of medicine.
This bill:
1.Specifies that, notwithstanding any other provision of
law, a person who complies with the requirements of #3
and 4 below is not in violation of specified provisions
Medical Practice Act (MPA) which prohibit the practice of
medicine without a license, 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 (prescription)
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
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conditions that cause or create a risk of great bodily
harm, serious physical or mental illness, or death.
F. Sets fractures.
G. Treats lacerations or abrasions through
electrotherapy.
H. Holds out, states, indicates, advertises, or
implies to a client or prospective client that he or
she is a physician.
2.Requires a person who advertises any services that are
not unlawful under specified provisions of MPA pursuant
to #1 above to disclose in the advertisement that he or
she is not licensed by the State as a healing arts
practitioner.
3.Requires a person who provides services pursuant to this
bill that are not unlawful under specified provisions of
MPA, prior to providing these services, to do the
following:
A. Disclose to the client in a written statement using
plain language the following information:
(1) That he or she is not a licensed physician.
(2) That the treatment is alternative or
complementary to healing art services licensed by
the State.
(3) That the services to be provided are not
licensed by the State.
(4) The nature of the services to be provided.
(5) The theory of treatment upon which the
services are based.
(6) His or her educational, training,
experience, and other qualifications regarding the
services to be provided.
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B. Obtain a written acknowledgement from the client
stating that he or she has been provided with the
information described in "A" above. Requires the
client to be provided with a copy of the written
acknowledgement, which is required to be maintained by
the person providing the service for three years.
4.Requires the information required above to be provided in
a language that the client understands.
5.Prohibits anything in this bill from being construed to:
A. Affect the scope of practice of licensed physicians
and surgeons.
B. 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
bill.
Comments
According to the author, this bill is sponsored by the
California Health Freedom Coalition (CHFC) to amend MPA so
that practitioners of complementary and alternative
medicine will not be in violation of MPA's prohibition
against practicing medicine without a medical license, as
long as the practitioner informs his or her clients that he
or she is not a licensed physician and does not perform
specified procedures (i.e., punctures the skin or harmfully
invades the body, administers or prescribes x-ray
radiation, or prescribes or administers prescription
drugs). CHFC states that because of the broad wording of
MPA, most, if not all, of the activities of natural
medicine could be technically illegal, and that this bill
clarifies MPA so that episodes of natural medicine that are
not potentially harmful would no longer be technically
illegal. CHFC argues this bill removes the stigma of
technical illegality from the practices of natural
medicine, which are a basic element of health care for
millions of Californians.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
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SUPPORT : (Verified 8/16/02)
California Health Freedom Coalition (source)
American Cancer Society
California Association of Ayurvedic Medicine
One individual
OPPOSITION : (Verified 8/16/02)
California Medical Association
Association of Northern California Oncologists
California Academy of Family Physicians
California Dietetic Association
California Medical Association
ARGUMENTS IN SUPPORT : The Coalition for Natural Health
states that several million people in this State are
already receiving services from unlicensed natural health
practitioners, such as homeopaths, naturopaths, reiki
healers, or ayurvedics. Given that the vast majority of
physicians have no training in most alternative modalities,
the Council for Homeopathic Certification argues that it
seems sensible to allow those who are trained to be able to
freely practice their skills, as long as they offer full
disclosure and are not practicing conventional medicine as
currently defined. The North American Society of
Homeopaths states that the overly broad wording in MPA has
driven alternative and complementary medicine practices
underground, and that this bill will give people greater
choice to access the types of health care they seek.
ARGUMENTS IN OPPOSITION : The California Medical
Association (CMA) is opposed to this bill, stating that it
effectively removes any education and training
qualifications from the law for a modality of practice
that is only defined by what it is not. CMA asserts this
bill stands legal licensure standards on its head.
Currently, every health professional, including physicians
and the allied health professions such as nursing,
optometry, podiatry, and acupuncture, has a specific scope
of practice that delineates what procedures or activities
can be performed. CMA states that licensing standards have
been the cornerstone to improving health care in
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California, and that this bill lacks any licensing
standards or oversight by the State of California, unlike
all other health care providers.
ASSEMBLY FLOOR
AYES: Aanestad, Alquist, Aroner, Ashburn, Bates, Bogh,
Briggs, Calderon, Bill Campbell, Canciamilla, Cardenas,
Cardoza, Cedillo, Chan, Chavez, Chu, Cogdill, Cohn,
Corbett, Correa, Cox, Daucher, Dickerson, Dutra,
Firebaugh, Florez, Frommer, Goldberg, Harman, Havice,
Hertzberg, Hollingsworth, Horton, Jackson, Keeley, Kehoe,
Kelley, Koretz, Leach, Leonard, Leslie, Longville,
Lowenthal, Maddox, Maldonado, Migden, Mountjoy, Nakano,
Nation, Negrete McLeod, Oropeza, Robert Pacheco, Rod
Pacheco, Papan, Pavley, Pescetti, Reyes, Richman, Runner,
Salinas, Shelley, Simitian, Steinberg, Strickland,
Strom-Martin, Thomson, Vargas, Washington, Wayne,
Wiggins, Wright, Wyland, Wyman, Zettel, Wesson
CP:kb 8/17/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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