BILL NUMBER: SB 907	CHAPTERED
	BILL TEXT

	CHAPTER  485
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2003
	PASSED THE SENATE  SEPTEMBER 2, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	AMENDED IN ASSEMBLY  AUGUST 25, 2003
	AMENDED IN ASSEMBLY  JULY 24, 2003
	AMENDED IN ASSEMBLY  JULY 9, 2003
	AMENDED IN ASSEMBLY  JUNE 26, 2003
	AMENDED IN SENATE  MAY 7, 2003
	AMENDED IN SENATE  APRIL 22, 2003

INTRODUCED BY   Senator Burton

                        FEBRUARY 21, 2003

   An act to amend Sections 101, 144, 146, and 149 of, and to add and
repeal Chapter 8.2 (commencing with Section 3610) of Division 2 of,
the Business and Professions Code, and to amend Section 13401.5 of
the Corporations Code, relating to professions and vocations, and
making an appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 907, Burton.   Professions and vocations:  naturopathic
doctors.
   (1) Existing law establishes boards and bureaus within the
Department of Consumer Affairs that are responsible for licensing and
regulating persons practicing various healing arts disciplines.
   This bill would establish, until July 1, 2009, the Naturopathic
Doctors Act, to be administered by the Bureau of Naturopathic
Medicine created within the Department of Consumer Affairs.  The bill
would specify various standards for the licensure and regulation of
naturopathic medicine that the bureau would enforce.  The bill would
create the Naturopathic Doctor's Fund, and would require fees
collected by the bureau to be deposited into the fund.  The bill
would specify that the moneys in the fund are available to the bureau
only upon appropriation by the Legislature, but it would appropriate
all money other than specified revenue received and credited to the
fund in the 2003-04 fiscal year to the bureau to implement the act's
provisions.  The bill would make the provisions of the act relating
to the fund operative on January 1, 2004, but would make the
remainder of the act operative on July 1, 2004.  The bill would
require the department to certify that sufficient funds are available
in the Naturopathic Doctor's Fund prior to implementation.  The bill
would make additional related changes.
   (2) Existing law requires specified regulatory boards within the
department to obtain fingerprints from a licensing applicant to
conduct a criminal history check.
   This bill would extend this requirement to the Bureau of
Naturopathic Medicine, the Contractors' State License Board, and the
Structural Pest Control Board.
   (3) Because the bill would make the violation of certain of its
provisions a crime, it would impose a state-mandated local program.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (5) This bill would incorporate additional changes in Section
13401.5 of the Corporations Code proposed by AB 123 that would become
operative only if AB 123 and this bill are both enacted and become
effective on or before January 1, 2004, and this bill is enacted
last.
   Appropriation:  yes.


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


  SECTION 1.  Section 101 of the Business and Professions Code is
amended to read:
   101.  The department is comprised of:
   (a) The Dental Board of California.
   (b) The Medical Board of California.
   (c) The State Board of Optometry.
   (d) The California State Board of Pharmacy.
   (e) The Veterinary Medical Board.
   (f) The California Board of Accountancy.
   (g) The California Architects Board.
   (h) The Bureau of Barbering and Cosmetology.
   (i) The Board for Professional Engineers and Land Surveyors.
   (j) The Contractors' State License Board.
   (k) The Bureau for Private Postsecondary and Vocational Education.

   (l) The Structural Pest Control Board.
   (m) The Bureau of Home Furnishings and Thermal Insulation.
   (n) The Board of Registered Nursing.
   (o) The Board of Behavioral Sciences.
   (p) The State Athletic Commission.
   (q) The Cemetery and Funeral Bureau.
   (r) The State Board of Guide Dogs for the Blind.
   (s) The Bureau of Security and Investigative Services.
   (t) The Court Reporters Board of California.
   (u) The Board of Vocational Nursing and Psychiatric Technicians.
   (v) The Landscape Architects Technical Committee.
   (w) The Bureau of Electronic and Appliance Repair.
   (x) The Division of Investigation.
   (y) The Bureau of Automotive Repair.
   (z) The State Board of Registration for Geologists and
Geophysicists.
   (aa) The Respiratory Care Board of California.
   (ab) The Acupuncture Board.
   (ac) The Board of Psychology.
   (ad) The California Board of Podiatric Medicine.
   (ae) The Physical Therapy Board of California.
   (af) The Arbitration Review Program.
   (ag) The Committee on Dental Auxiliaries.
   (ah) The Hearing Aid Dispensers Bureau.
   (ai) The Physician Assistant Committee.
   (aj) The Speech-Language Pathology and Audiology Board.
   (ak) The California Board of Occupational Therapy.
   (al) The Osteopathic Medical Board of California.
   (am) The Bureau of Naturopathic Medicine.
   (an) Any other boards, offices, or officers subject to its
jurisdiction by law.
  SEC. 2.  Section 144 of the Business and Professions Code is
amended to read:
   144.  (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks.  Any agency designated in subdivision
(b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States
Federal Bureau of Investigation.
   (b) Subdivision (a) applies to the following boards, bureaus, or
committees:
   (1) California Board of Accountancy.
   (2) State Athletic Commission.
   (3) Board of Behavioral Sciences.
   (4) Court Reporters Board of California.
   (5) State Board of Guide Dogs for the Blind.
   (6) California State Board of Pharmacy.
   (7) Board of Registered Nursing.
   (8) Veterinary Medical Board.
   (9) Registered Veterinary Technician Committee.
   (10) Board of Vocational Nursing and Psychiatric Technicians.
   (11) Respiratory Care Board of California.
   (12) Hearing Aid Dispensers Advisory Commission.
   (13) Physical Therapy Board of California.
   (14) Physician Assistant Committee of the Medical Board of
California.
   (15) Speech-Language Pathology and Audiology Board.
   (16) Medical Board of California.
   (17) State Board of Optometry.
   (18) Acupuncture Board.
   (19) Cemetery and Funeral  Bureau.
   (20) Bureau of Security and Investigative Services.
   (21) Division of Investigation.
   (22) Board of Psychology.
   (23) The California Board of Occupational Therapy.
   (24) Structural Pest Control Board.
   (25) Contractors' State License Board.
   (26) The Bureau of Naturopathic Medicine.
  SEC. 3.  Section 146 of the Business and Professions Code is
amended to read:
   146.  (a) Notwithstanding any other provision of law, a violation
of any code section listed in subdivision (c) or (d) is an infraction
subject to the procedures described in Sections 19.6 and 19.7 of the
Penal Code when:
   (1) A complaint or a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor, or
   (2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
   (b) Subdivision (a) does not apply to a violation of the code
sections listed in subdivisions (c) and (d) if the defendant has had
his or her license, registration, or certificate previously revoked
or suspended.
   (c) The following sections require registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions regulated by this code:
   (1) Sections 2052 and 2054.
   (2) Section 2630.
   (3) Section 2903.
   (4) Section 3660.
   (5) Sections 3760 and 3761.
   (6) Section 4080.
   (7) Section 4825.
   (8) Section 4935.
   (9) Section 4980.
   (10) Section 4996.
   (11) Section 5536.
   (12) Section 6704.
   (13) Section 6980.10.
   (14) Section 7317.
   (15) Section 7502 or 7592.
   (16) Section 7520.
   (17) Section 7617 or 7641.
   (18) Subdivision (a) of Section 7872.
   (19) Section 8016.
   (20) Section 8505.
   (21) Section 8725.
   (22) Section 9681.
   (23) Section 9840.
   (24) Subdivision (c) of Section 9891.24.
   (25) Section 19049.
   (d) Institutions that are required to register with the Bureau for
Private Postsecondary and Vocational Education pursuant to Section
94931 of the Education Code.
   (e) Notwithstanding any other provision of law, a violation of any
of the sections listed in subdivision (c) or (d), which is an
infraction, is punishable by a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000).
  No portion of the minimum fine may be suspended by the court unless
as a condition of that suspension the defendant is required to
submit proof of a current valid license, registration, or certificate
for the profession or vocation which was the basis for his or her
conviction.
  SEC. 4.  Section 149 of the Business and Professions Code is
amended to read:
   149.  (a) If, upon investigation, an agency designated in
subdivision (e) has probable cause to believe that a person is
advertising in a telephone directory with respect to the offering or
performance of services, without being properly licensed by or
registered with the agency to offer or perform those services, the
agency may issue a citation under Section 148 containing an order of
correction that requires the violator to do both of the following:
   (1) Cease the unlawful advertising.
   (2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.
   (b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency in writing that he
or she intends to contest the citation.  The agency shall afford an
opportunity for a hearing, as specified in Section 125.9.
   (c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency shall inform the
Public Utilities Commission of the violation and the Public Utilities
Commission shall require the telephone corporation furnishing
services to that person to disconnect the telephone service furnished
to any telephone number contained in the unlawful advertising.
   (d) The good faith compliance by a telephone corporation with an
order of the Public Utilities Commission to terminate service issued
pursuant to this section shall constitute a complete defense to any
civil or criminal action brought against the telephone corporation
arising from the termination of service.
   (e) Subdivision (a) shall apply to the following boards, bureaus,
committees, commissions, or programs:
   (1) The Bureau of Barbering and Cosmetology.
   (2) The Funeral Directors and Embalmers Program.
   (3) The Veterinary Medical Board.
   (4) The Hearing Aid Dispensers Advisory Commission.
   (5) The Landscape Architects Technical Committee.
   (6) The California Board of Podiatric Medicine.
   (7) The Respiratory Care Board of California.
   (8) The Bureau of Home Furnishings and Thermal Insulation.
   (9) The Bureau of Security and Investigative Services.
   (10) The Bureau of Electronic and Appliance Repair.
   (11) The Bureau of Automotive Repair.
   (12) The Tax Preparers Program.
   (13) The California  Architects Board.
   (14) The Speech-Language Pathology and Audiology Board.
   (15) The Board for Professional Engineers and Land Surveyors.
   (16) The Board of Behavioral Sciences.
   (17) The State Board for Geologists and Geophysicists.
   (18) The Structural Pest Control Board.
   (19) The Acupuncture  Board.
   (20) The Board of Psychology.
   (21) The California Board of Accountancy.
   (22) The Bureau of Naturopathic Medicine.
  SEC. 5.  Chapter 8.2 (commencing with Section 3610) is added to
Division 2 of the Business and Professions Code, to read:

      CHAPTER 8.2.  NATUROPATHIC DOCTORS ACT
      Article 1.  General Provisions

   3610.  This chapter may be cited as the Naturopathic Doctors Act.

   3612.  The Bureau of Naturopathic Medicine is hereby created
within the Department of Consumer Affairs.
   3613.  The following definitions apply for the purposes of this
chapter:
   (a) "Bureau" means the Bureau of Naturopathic Medicine within the
Department of Consumer Affairs.
   (b) "Naturopathic childbirth attendance" means the specialty
practice of natural childbirth by a naturopathic doctor that includes
the management of normal pregnancy, normal labor and delivery, and
the normal postpartum period, including normal newborn care.
   (c) "Naturopathic medicine" means a distinct and comprehensive
system of primary health care practiced by a naturopathic doctor for
the diagnosis, treatment, and prevention of human health conditions,
injuries, and disease.
   (d) "Naturopathic doctor" means a person who holds an active
license issued pursuant to this chapter.
   (e) "Naturopathy" means a noninvasive system of health practice
that employs natural health modalities, substances, and education to
promote health.
   (f) "Prescription drug" means any drug defined by Section 503(b)
of the federal Food, Drug and Cosmetic Act (21 U.S.C. Sec. 353) if
its label is required to bear the statement "RX only."
   3615.  The provisions of this chapter are severable.  If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications of this
chapter that can be given effect without the invalid provision or
application.

      Article 2.  Administration

   3620.  The bureau shall enforce and administer the provisions of
this chapter.
   3622.  The bureau shall adopt regulations in order to carry out
the purposes of this chapter.
   3623.  (a) The bureau shall approve a naturopathic medical
education program accredited by the Council on Naturopathic Medical
Education or an equivalent federally recognized accrediting body for
the naturopathic medical profession that has the following minimum
requirements:
   (1) Admission requirements that include a minimum of
three-quarters of the credits required for a bachelor's degree from a
regionally accredited or preaccredited college or university or the
equivalency, as determined by the council.
   (2) Program requirements for its degree or diploma of a minimum of
4,100 total hours in basic and clinical sciences, naturopathic
philosophy, naturopathic modalities, and naturopathic medicine.  Of
the total requisite hours, not less than 2,500 hours shall consist of
academic instruction, and not less than 1,200 hours shall consist of
supervised clinical training approved by the naturopathic medical
school.
   (b) A naturopathic medical education program in the United States
shall offer graduate-level full-time studies and training leading to
the degree of Doctor of Naturopathy or Doctor of Naturopathic
Medicine.  The program shall be an institution, or part of an
institution of, higher education that is either accredited or is a
candidate for accreditation by a regional institutional accrediting
agency recognized by the United States Secretary of Education and the
Council  on Naturopathic Medical Education, or an equivalent
federally recognized accrediting body for naturopathic doctor
education.
   (c) To qualify as an approved naturopathic medical school, a
naturopathic medical program located in Canada or the United States
shall offer a full-time, doctoral-level, naturopathic medical
education program with its graduates being eligible to apply to the
bureau for licensure and to the North American Board of Naturopathic
Examiners that administers the naturopathic licensing examination.
   3624.  (a) The bureau may grant a certificate of registration to
practice naturopathic medicine to a person who does not hold a
naturopathic doctor's license under this chapter and is offered a
faculty position by the dean of a naturopathic medical education
program approved by the bureau, if all of the following requirements
are met to the satisfaction of the bureau:
   (1) The applicant furnishes documentary evidence that he or she is
a United States citizen or is legally admitted to the United States.

   (2) The applicant submits an application on a form prescribed by
the bureau.
   (3) The dean of the naturopathic medical education program
demonstrates that the applicant has the requisite qualifications to
assume the position to which he or she is to be appointed.
   (4) The dean of the naturopathic medical education program
certifies in writing to the bureau that the applicant will be under
his or her direction and will not be permitted to practice
naturopathic medicine unless incident to and a necessary part of the
applicant's duties as approved by the bureau.
   (b) The holder of a certificate of registration issued under this
section shall not receive compensation for or practice naturopathic
medicine unless it is incidental to and a necessary part of the
applicant's duties in connection with the holder's faculty position.

   (c) A certificate of registration issued under this section is
valid for two years.
   3624.5.  (a) This chapter does not apply to a practitioner
licensed as a naturopathic doctor in another state or country who
meets both of the following requirements:
   (1) The practitioner is in consultation with a licensed
practitioner of this state, or is an invited guest of any of the
following for the purpose of professional education through lectures,
clinics, or demonstrations:
   (A) The California Medical Association.
   (B) The California Podiatric Medical Association.
   (C) The California Association of Naturopathic Physicians.
   (D) A component county society of subparagraph (A), (B), or (C).
   (2) The practitioner does not open an office, appoint a place to
meet patients, receive calls from patients, give orders, or have
ultimate authority over the care or primary diagnosis of a patient.
   3625.  (a) The Director of Consumer Affairs shall establish an
advisory council consisting of nine members.  Members of the advisory
council shall include three members who are California licensed
naturopathic doctors, or have met the requirements for licensure
pursuant to this chapter, three members who are California licensed
physicians and surgeons, and three public members.
   (b) A member of the advisory council shall be appointed for a
four-year term.  A person shall not serve as a member of the council
for more than two consecutive terms.  A member shall hold office
until the appointment and qualification of his or her successor, or
until one year from the expiration of the term for which the member
was appointed, whichever first occurs.  Vacancies shall be filled by
appointment for unexpired terms.  The first terms of the members
first appointed shall be as follows:
   (1) The Governor shall appoint one physician and surgeon member,
one naturopathic doctor member, and one public member, with term
expirations of June 1, 2006; one physician and surgeon member with a
term expiration date of June 1, 2007, one naturopathic doctor member
with a term expiration date of June 1, 2008.
   (2) The Senate Rules Committee shall appoint one physician and
surgeon member with a term expiration of June 1, 2008, and one public
member with a term expiration of June 1, 2007.
   (3) The Speaker of the Assembly shall appoint one naturopathic
doctor member with a term expiration of June 1, 2007, and one public
member with a term expiration of June 1, 2008.
   (c) (1) A public member of the advisory council shall be a citizen
of this state for at least five years preceding his or her
appointment.
   (2) A person shall not be appointed as a public member if the
person or the person's immediate family in any manner owns an
interest in a college, school, or institution engaged in naturopathic
education, or the person or the person's immediate family has an
economic interest in naturopathy or has any other conflict of
interest.  "Immediate family" means the public member's spouse,
parents, children, or his or her children's spouses.
   (d) In order to operate in as cost-effective a manner as possible,
the advisory council and any advisory committee created pursuant to
this chapter shall meet as few times as necessary to perform its
duties, and its members shall receive no compensation, travel
allowances, or reimbursement for their expenses.
   3626.  The Director of Consumer Affairs may employ a bureau chief
and other officers and employees as necessary to discharge the duties
of the bureau.
   3627.  (a) The bureau shall establish a naturopathic formulary
advisory committee to determine a naturopathic formulary based upon a
review of naturopathic medical education and training.
   (b) The naturopathic formulary advisory committee shall be
composed of an equal number of representatives from the clinical and
academic settings of physicians and surgeons, pharmacists, and
naturopathic doctors.
   (c) The naturopathic formulary advisory committee shall review
naturopathic education, training, and practice and make specific
recommendations regarding the prescribing, ordering, and furnishing
authority of a naturopathic doctor and the required supervision and
protocols for those functions.
   (d) The bureau shall make recommendations to the Legislature  not
later than January 1, 2006, regarding the prescribing and furnishing
authority of a naturopathic doctor and the required supervision and
protocols, including those for the utilization of intravenous and
ocular routes of prescription drug administration.  The naturopathic
formulary advisory committee and the bureau shall consult with
physicians and surgeons, pharmacists, and licensed naturopathic
doctors in developing the findings and recommendations submitted to
the Legislature.
   3628.  (a) The bureau shall establish a naturopathic childbirth
attendance advisory committee to issue recommendations concerning the
practice of naturopathic childbirth attendance based upon a review
of naturopathic medical education and training.
   (b) The naturopathic childbirth attendance advisory committee
shall be composed of an equal number of representatives from the
clinical and academic settings of physicians and surgeons, midwives,
and naturopathic doctors.
   (c) The naturopathic childbirth attendance advisory committee
shall review naturopathic education, training, and practice and make
specific recommendations to the Legislature regarding the practice of
naturopathic childbirth attendance.
   (d) The bureau shall make recommendations to the Legislature not
later than January 1, 2006.  The naturopathic childbirth attendance
advisory committee and the bureau shall consult with physicians and
surgeons, midwives, and licensed naturopathic doctors in developing
the findings and recommendations submitted to the Legislature.

      Article 3.  Licensure

   3630.  An applicant for a license as a naturopathic doctor shall
file with the bureau a written application on a form provided by the
bureau, that shows, to the bureau's satisfaction, compliance with all
of the following requirements:
   (a) The applicant has not committed an act or crime that
constitutes grounds for denial of a license under Section 480, and
has complied with the requirements of Section 144.
   (b) The applicant has received a degree in naturopathic medicine
from an approved naturopathic medical school where the degree
substantially meets the educational requirements in paragraph (2) of
subdivision (a) of Section 3623.
   3631.  An applicant for licensure shall pass the Naturopathic
Physicians Licensing Examination (NPLEX) or an equivalent approved by
the North American Board of Naturopathic Examiners.  In the absence
of an examination approved by the North American Board of
Naturopathic Examiners, the bureau may administer a substantially
equivalent examination.
   3633.  The bureau may grant a license to an applicant who is
licensed and in good standing as a naturopathic doctor in another
state, jurisdiction, or territory in the United States, provided the
applicant has met the requirements of Sections 3630 and 3631.
   3633.1.  The bureau may grant a license to an applicant who meets
the requirements of Section 3630, but who graduated prior to 1986,
pre-NPLEX, and passed a state naturopathic licensing examination.
Applications under this section shall be received no later than
December 31, 2007.
   3634.  (a) A license issued under this chapter shall be subject to
renewal biennially as prescribed by the bureau and shall expire
unless renewed in that manner.  The bureau may provide by regulation
for the late renewal of a license.
   (b) The holder of a license under this chapter shall be required
to take and pass a recertifying examination before the 10th
anniversary of his or her initial licensure pursuant to this chapter.
  On or before July 1, 2010, the bureau shall establish standards for
recertification and shall create a recertifying examination or adopt
an existing examination that satisfies the recertification standards
established by the bureau.  In developing standards for
recertification, the bureau shall consider information provided by
the Council on Naturopathic Medical Education, naturopathic doctors,
and other interested parties.
   3635.  (a) In addition to any other qualifications and
requirements for licensure renewal, the bureau shall require the
satisfactory completion of 60 hours of approved continuing education
biennially.  This requirement is waived for the initial license
renewal.  The continuing education shall meet the following
requirements:
   (1) At least 20 hours shall be in pharmacotherapeutics.
   (2) No more than 15 hours may be in naturopathic medical journals
or osteopathic or allopathic medical journals, or audio or videotaped
presentations, slides, programmed instruction, or computer-assisted
instruction or preceptorships.
   (3) No more than 20 hours may be in any single topic.
   (4) No more than 15 hours of the continuing education requirements
for the specialty certificate in naturopathic childbirth attendance
shall apply to the 60 hours of continuing education requirement.
   (b) The continuing education requirements of this section may be
met through continuing education courses approved by the California
Association of Naturopathic Physicians, the American Association of
Naturopathic Physicians, the Medical Board of California, the
California State Board of Pharmacy, the State Board of Chiropractic
Examiners, or other courses approved by the bureau.
   3636.  (a) Upon a written request, the bureau may grant inactive
status to a naturopathic doctor who is in good standing and who meets
the requirements of Section 462.
   (b) A person whose license is in inactive status may not engage in
any activity for which a license is required under this chapter.
   (c) A person whose license is in inactive status shall be exempt
from continuing education requirements while his or her license is in
that status.
   (d) To restore a license to active status, a person whose license
is in inactive status must fulfill continuing education requirements
for the two-year period prior to reactivation, and pay a reactivation
fee established by the bureau.
   3637.  Only an individual may be licensed under this chapter.

      Article 4.  Application of Chapter

   3640.  (a) A naturopathic doctor may order and perform physical
and laboratory examinations for diagnostic purposes, including, but
not limited to, phlebotomy, clinical laboratory tests, speculum
examinations, orificial examinations, and physiological function
tests.
   (b) A naturopathic doctor may order diagnostic imaging studies,
including X-ray, ultrasound, mammogram, bone densitometry, and
others, consistent with naturopathic training as determined by the
bureau, but shall refer the studies to an appropriately licensed
health care professional to conduct the study and interpret the
results.
   (c) A naturopathic doctor may dispense, administer, order, and
prescribe or perform the following:
   (1) Food, extracts of food, nutraceuticals, vitamins, amino acids,
minerals, enzymes, botanicals and their extracts, botanical
medicines, homeopathic medicines, all dietary supplements and
nonprescription drugs as defined by the federal Food, Drug, and
Cosmetic Act.
   (2) Hot or cold hydrotherapy; naturopathic physical medicine
inclusive of the manual use of massage, stretching, resistance, or
joint play examination but exclusive of small amplitude movement at
or beyond the end range of normal joint motion; electromagnetic
energy; colon hydrotherapy; and therapeutic exercise.
   (3) Devices, including, but not limited to, therapeutic devices,
barrier contraception, and durable medical equipment.
   (4) Health education and health counseling.
                                                        (5) Repair
and care incidental to superficial lacerations and abrasions, except
suturing.
   (6) Removal of foreign bodies located in the superficial tissues.

   (d) A naturopathic doctor may utilize routes of administration
that include oral, nasal, auricular, ocular, rectal, vaginal,
transdermal, intradermal, subcutaneous, intravenous, and
intramuscular.
   (e) The bureau may establish regulations regarding ocular or
intravenous routes of administration that are consistent with the
education and training of a naturopathic doctor.
   (f) Nothing in this section shall exempt a naturopathic doctor
from meeting applicable licensure requirements for the performance of
clinical laboratory tests.
   (g) The authority to use all routes for furnishing prescription
drugs as described in Section 3640.5 shall be consistent with the
oversight and supervision requirements of Section 2836.1.
   3640.1.  The bureau shall make recommendations to the Legislature
not later than January 1, 2006, regarding the potential development
of scope and supervision requirements of a naturopathic doctor for
the performance of minor office procedures.  The bureau shall consult
with physicians and surgeons and licensed naturopathic doctors in
developing the findings and recommendations submitted to the
Legislature.
   3640.5.  Nothing in this chapter or any other provision of law
shall be construed to prohibit a naturopathic doctor from furnishing
or ordering drugs when all of the following apply:
   (a) The drugs are furnished or ordered by a naturopathic doctor in
accordance with standardized procedures or protocols developed by
the naturopathic doctor and his or her supervising physician and
surgeon.
   (b) The naturopathic doctor is functioning pursuant to
standardized procedure, as defined by Section 2725, or protocol.  The
standardized procedure or protocol shall be developed and approved
by the supervising physician and surgeon, the naturopathic doctor,
and, where applicable, the facility administrator or his or her
designee.
   (c) The standardized procedure or protocol covering the furnishing
of drugs shall specify which naturopathic doctors may furnish or
order drugs, which drugs may be furnished or ordered under what
circumstances, the extent of physician and surgeon supervision, the
method of periodic review of the naturopathic doctor's competence,
including peer review, and review of the provisions of the
standardized procedure.
   (d) The furnishing or ordering of drugs by a naturopathic doctor
occurs under physician and surgeon supervision. Physician and surgeon
supervision shall not be construed to require the physical presence
of the physician, but does include all of the following:
   (1) Collaboration on the development of the standardized
procedure.
   (2) Approval of the standardized procedure.
   (3) Availability by telephonic contact at the time of patient
examination by the naturopathic doctor.
   (e) For purposes of this section, a physician and surgeon shall
not supervise more than four naturopathic doctors at one time.
   (f) Drugs furnished or ordered by a naturopathic doctor may
include Schedule III through Schedule V controlled substances under
the California Uniform Controlled Substances Act (Division 10
(commencing with Section 11000) of the Health and Safety Code) and
shall be further limited to those drugs agreed upon by the
naturopathic doctor and physician and surgeon and specified in the
standardized procedure.  When Schedule III controlled substances, as
defined in Section 11056 of the Health and Safety Code, are furnished
or ordered by a naturopathic doctor, the controlled substances shall
be furnished or ordered in accordance with a patient-specific
protocol approved by the treating or supervising physician.  A copy
of the section of the naturopathic doctor's standardized procedure
relating to controlled substances shall be provided upon request, to
a licensed pharmacist who dispenses drugs, when there is uncertainty
about the naturopathic doctor furnishing the order.
   (g) The bureau has certified in accordance with Section 2836.3
that the naturopathic doctor has satisfactorily completed adequate
coursework in pharmacology covering the drugs to be furnished or
ordered under this section.  The bureau shall establish the
requirements for satisfactory completion of this subdivision.
   (h) Use of the term "furnishing" in this section, in health
facilities defined in subdivisions (b), (c), (d), (e), and (i) of
Section 1250 of the Health and Safety Code, shall include both of the
following:
   (1) Ordering a drug in accordance with the standardized procedure.

   (2) Transmitting an order of a supervising physician and surgeon.

   (i) For purposes of this section, "drug order" or "order" means an
order for medication which is dispensed to or for an ultimate user,
issued by a naturopathic doctor as an individual practitioner, within
the meaning of Section 1306.02 of Title 21 of the Code of Federal
Regulations.
   (j) Notwithstanding any other provision of law, the following
apply:
   (1) A drug order issued pursuant to this section shall be treated
in the same manner as a prescription of the supervising physician.
   (2) All references to prescription in this code and the Health and
Safety Code shall include drug orders issued by naturopathic
doctors.
   (3) The signature of a naturopathic doctor on a drug order issued
in accordance with this section shall be deemed to be the signature
of a prescriber for purposes of this code and the Health and Safety
Code.
   3640.7.  Notwithstanding the requirements of Section 3640.5 or any
other provision of this chapter, a naturopathic doctor may
independently prescribe epinephrine to treat anaphylaxis and natural
and synthetic hormones.
   3641.  (a) A naturopathic doctor shall document his or her
observations, diagnosis, and summary of treatment in the patient
record.  Patient records shall be maintained for a period of not less
than seven years following the discharge of the patient.  The
records of an unemancipated minor shall be maintained until at least
one year after the minor has reached 18 years of age or seven years
following the discharge of the minor, whichever is longer.
   (b) A naturopathic doctor shall have the same authority and
responsibility as  a licensed physician and surgeon with regard to
public health laws, including laws governing reportable diseases and
conditions, communicable disease control and prevention, recording
vital statistics, and performing health and physical examinations
consistent with his or her education and training.
   3642.  A naturopathic doctor may not perform any of the following
functions:
   (a) Prescribe, dispense, or administer a controlled substance or
device identified in Sections 801 to 971, inclusive, of Title 21 of
the United States Code, except as authorized by this chapter.
   (b) Administer therapeutic ionizing radiation or radioactive
substances.
   (c) Practice or claim to practice any other system or method of
treatment beyond that authorized by this chapter, for which licensure
is required, unless otherwise licensed to do so.
   (d) Administer general or spinal anesthesia.
   (e) Perform an abortion.
   (f) Perform any surgical procedure.
   (g)  Perform acupuncture or traditional Chinese and oriental
medicine, including Chinese herbal medicine, unless licensed as an
acupuncturist as defined in subdivision (c) of Section 4927.
   3643.  This chapter may not be construed to authorize a
naturopathic doctor to practice medicine, as defined under Chapter 5
(commencing with Section 2000),  except as specifically authorized in
this chapter.
   3643.5.  (a) This chapter may not be construed to limit the
practice of a person licensed, certified, or registered under any
other provision of law relating to the healing arts when the person
is engaged in his or her authorized and licensed practice.
   (b) This chapter may not be construed to limit an activity  that
does not require licensure or is otherwise allowed by law, including
the practice of naturopathy, when performed consistent with Sections
2053.5 and 2053.6.
   3644.  This chapter does not prevent or restrict the practice,
services, or activities of any of the following:
   (a) A person licensed, certified, or otherwise recognized in this
state by any other law or regulation if that person is engaged in the
profession or occupation for which he or she is licensed, certified,
or otherwise recognized.
   (b) A person employed by the federal government in the practice of
naturopathic medicine while the person is engaged in the performance
of duties prescribed by laws and regulations of the United States.
   (c) A person rendering aid to a family member or in an emergency,
if no fee or other consideration for the service is charged,
received, expected, or contemplated.
   (d) A person who makes recommendations regarding or is engaged in
the sale of food, extracts of food, nutraceuticals, vitamins, amino
acids, minerals, enzymes, botanicals and their extracts, botanical
medicines, homeopathic medicines, dietary supplements, and
nonprescription drugs or other products of nature, the sale of which
is not otherwise prohibited under state or federal law.
   (e) A person engaged in good faith in the practice of the
religious tenets of any church or religious belief without using
prescription drugs.
   (f) A person acting in good faith for religious reasons as a
matter of conscience or based on a personal belief, while obtaining
or providing information regarding health care and the use of any
product described in subdivision (d).
   (g) A person who provides the following recommendations regarding
the human body and its function:
   (1) Nonprescription products.
   (2) Natural elements such as air, heat, water, and light.
   (3) Class I or class II nonprescription, approved medical devices,
as defined in Section 360c of Title 21 of the United States Code.
   (4) Vitamins, minerals, herbs, homeopathics, natural food products
and their extracts, and nutritional supplements.
   (h) A person who is licensed in another state, territory, or the
District of Columbia to practice naturopathic medicine if the person
is incidentally called into this state for consultation with a
naturopathic doctor.
   (i) A student enrolled in an approved naturopathic medical program
whose services are performed pursuant to a course of instruction
under the supervision of a naturopathic doctor.
   3645.  (a) This chapter permits, and does not restrict the use of,
the following titles by persons who are educated and trained as any
of the following:
   (1) "Naturopath."
   (2) "Naturopathic practitioner."
   (3) "Traditional naturopathic practitioner."
   (b) This chapter permits, and does not restrict, the education of
persons as described in paragraphs (1) to (3), inclusive, of
subdivision (a).  Those persons are not required to be licensed under
this chapter.

      Article 5.  Naturopathic Childbirth Attendance

   3650.  A naturopathic doctor may  perform naturopathic childbirth
attendance if he or she has completed additional training and has
been granted a certificate of specialty practice by the bureau.
   3651.  In order to be certified for the specialty practice of
naturopathic childbirth attendance, a naturopathic doctor shall
obtain a passing grade on the American College of Nurse Midwives
Written Examination, or a substantially equivalent examination
approved by the bureau, and shall establish, to the bureau's
satisfaction, compliance with one of the following requirements:
   (a) Successful completion of a certificate of midwifery or
naturopathic obstetrics specialty from an approved naturopathic
medical education program consisting of not less than 84 semester
units or 126 quarter units that substantially complies with the
following educational standards and requirements:
   (1) The curriculum is presented in semester or quarter units under
the following formula:
   (A) One hour of instruction in the theory each week throughout a
semester or quarter equals one unit.
   (B) Three hours of clinical practice each week throughout a
semester or quarter equals one unit.
   (2) The program provides both academic and clinical preparation
that is substantially equivalent to that provided in a program
accredited by the American College of Nurse Midwives.  The program
includes, but is not limited to, preparation in all of the following
areas:
   (A) The art and science of midwifery, one-half of which shall be
in theory and one-half of which shall be in clinical practice.
Theory and clinical practice shall be concurrent in the areas of
maternal and child health, including, but not limited to, labor and
delivery, neonatal well care, and postpartum care.
   (B) Communications skills that include the principles of oral,
written, and group communications.
   (C) Anatomy and physiology, genetics, obstetrics and gynecology,
embryology and fetal development, neonatology, applied microbiology,
chemistry, child growth and development, pharmacology, nutrition,
laboratory diagnostic tests and procedures, and physical assessment.

   (D) Concepts in psychosocial, emotional, and cultural aspects of
maternal and child care, human sexuality, counseling and teaching,
maternal and infant and family bonding process, breast feeding,
family planning, principles of preventive health, and community
health.
   (E) Aspects of the normal pregnancy, labor and delivery,
postpartum period, newborn care, family planning, or routine
gynecological care in alternative birth centers, homes, and
hospitals.
   (3) The program integrates the following subjects throughout its
entire curriculum:
   (A) Midwifery process.
   (B) Basic intervention skills in preventive, remedial, and
supportive midwifery.
   (C) The knowledge and skills required to develop collegial
relationships with health care providers from other disciplines.
   (D) Related behavioral and social sciences with emphasis on
societal and cultural patterns, human development, and behavior
related to maternal and child health, illness, and wellness.
   (4) Instruction in personal hygiene, client abuse, cultural
diversity, and the legal, social, and ethical aspects of midwifery.
   (5) Instruction in the midwifery management process which shall
include all of the following:
   (A) Obtaining or updating a defined and relevant database for
assessment of the health status of the client.
   (B) Identifying problems based upon correct interpretation of the
database.
   (C) Preparing a defined needs or problem list, or both, with
corroboration from the client.
   (D) Consulting, collaborating with, and referring to, appropriate
members of the health care team.
   (E) Providing information to enable clients to make appropriate
decisions and to assume appropriate responsibility for their own
health.
   (F) Assuming direct responsibility for the development of
comprehensive, supportive care for the client and with the client.
   (G) Assuming direct responsibility for implementing the plan of
care.
   (H) Initiating appropriate measures for obstetrical and neonatal
emergencies.
   (I) Evaluating, with corroboration from the client, the
achievement of health care goals and modifying the plan of care
appropriately, or
   (b) Successful completion of an educational program that the
bureau has determined satisfies the criteria of subdivision (a) and
current licensure as a midwife by a state with licensing standards
that have been found by the bureau to be substantially equivalent to
those adopted by the bureau pursuant to this article.
   3651.5.  A naturopathic doctor certified for the specialty
practice of naturopathic childbirth attendance shall do both of the
following:
   (a) Maintain current certification in neonatal resuscitation and
cardiopulmonary resuscitation.
   (b) File with the bureau a written plan for the following:
   (1) Consultation with other health care providers.
   (2) Supervision by a licensed physician and surgeon who has
current practice or training in obstetrics to assist a woman in
childbirth so long as progress meets criteria accepted as normal. The
plan shall provide that all complications shall be referred to a
physician and surgeon immediately.
   (3) Emergency transfer and transport of an infant or a maternity
patient, or both, to an appropriate health care facility, and access
to neonatal intensive care units and obstetrical units or other
patient care areas.
   3652.  (a) A certificate of specialty practice in naturopathic
childbirth attendance shall expire concurrently with the licensee's
naturopathic doctor's license.
   (b) The certificate may be renewed upon submission of the renewal
fee set by the bureau and evidence, to the bureau's satisfaction, of
the completion of 30 hours of continuing education credits in
naturopathic childbirth, midwifery, or obstetrics.  Fifteen hours may
be applied to the 60 hours of continuing education required for
naturopathic doctors.
   (c) Licensing or disciplinary action by the bureau or a judicial
authority shall be deemed to have an equal effect upon the specialty
certificate to practice naturopathic childbirth issued to a licensee,
unless otherwise specified in the licensing or disciplinary action.
When the subject of a licensing or disciplinary action relates
specifically to the practice of naturopathic childbirth by a licensee
holding a specialty certificate, the action may, instead of
affecting the entire scope of the licensee's practice, suspend,
revoke, condition, or restrict only the licensee's authority under
the specialty certificate.
   3653.  (a) Naturopathic childbirth attendance does not include the
use or performance of any of the following:
   (1) Forceps delivery.
   (2) General or spinal anesthesia.
   (3) Cesarean section delivery.
   (4) Episiotomies, except to the extent that they meet the same
supervision requirements set forth in Section 2746.52.
   (b) Naturopathic childbirth attendance does not mean the
management of complications in pregnancy, labor, delivery, or the
neonatal period.  All complications shall be referred to an
obstetrician or other licensed physician and surgeon as appropriate.

   3654.  In addition to Section 3640, a naturopathic doctor who
holds a specialty certificate in naturopathic childbirth attendance
may administer, order, or perform any of the following:
   (a) Postpartum  antihemorrhagic drugs.
   (b) Prophylactic opthalmic antibiotics.
   (c) Vitamin K.
   (d) RhoGAM.
   (e) Local anesthetic medications.
   (f) Intravenous fluids limited to lactated ringers, 5 percent
dextrose with lactated ringers, and heparin and 0.9 percent sodium
chloride for use in intravenous locks.
   (g) Epinephrine for use in maternal anaphylaxis pending emergency
transport.
   (h) Measles, mumps, and rubella (MMR) vaccine to nonimmune,
nonpregnant women.
   (i) HBIG and GBV for neonates born to hepatitis B mothers, per
current Centers for Disease Control guidelines.
   (j) Antibiotics for intrapartum prophylaxis of Group B
Betahemolytic Streptococcus (GBBS), per current Centers For Disease
Control guidelines.
   (k) Equipment incidental to the practice of naturopathic
childbirth, specifically, dopplers, syringes, needles, phlebotomy
equipment, suture, urinary catheters, intravenous equipment,
amnihooks, airway suction devices, neonatal and adult resuscitation
equipment, glucometer, and centrifuge.
   (l) Equipment incidental to maternal care, specifically,
compression stockings, maternity belts, breast pumps, diaphragms, and
cervical caps.
   3655.  (a) A licensee holding a speciality certificate in
naturopathic childbirth attendance shall disclose to each client, in
writing, the following:
   (1) The qualifications and credentials of the naturopathic doctor.

   (2) A copy of the written plan for consultation, emergency
transfer, and transport.
   (3) A description of the procedures, benefits, and risks of birth
in the home or outside of a hospital setting.
   (4) The status of liability coverage of the licensee for the
practice of naturopathic childbirth attendance.
   (b) The form must be signed by the client, filed in the client's
chart, and a copy given to the client.

      Article 6.  Offenses and Enforcement

   3660.  Except as provided in subdivision (h) of Section 3644, a
person shall have a valid, unrevoked, or unsuspended license issued
under this chapter to do any of the following:
   (a) To claim to be a naturopathic doctor, licensed naturopathic
doctor, doctor of naturopathic medicine, doctor of naturopathy, or
naturopathic medical doctor.
   (b) To use the professional abbreviation "N.D." or other titles,
words, letters, or symbols with the intent to represent that he or
she practices, is authorized to practice, or is able to practice
naturopathic medicine as a naturopathic doctor.
   3661.  A naturopathic doctor who uses the term or designation "Dr."
shall further identify himself or herself as "Naturopathic Doctor,"
"Licensed Naturopathic Doctor," "Doctor of Naturopathic Medicine," or
"Doctor of Naturopathy" and shall not use any term or designation
that would tend to indicate the practice of medicine, other than
naturopathic medicine, unless otherwise licensed as a physician and
surgeon, osteopathic doctor, or doctor of chiropractic.
   3662.  It shall constitute unprofessional conduct for a
naturopathic doctor to violate, attempt to violate, assist in the
violation of, or conspire to violate, any provision or term of this
chapter or any regulation adopted under it.
   3663.  The bureau may discipline a naturopathic doctor for
unprofessional conduct.  After a hearing conducted in accordance with
the Administrative Procedure Act (Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code),
the bureau may deny, suspend, revoke, or place on probation the
license of, or reprimand, censure, or otherwise discipline a
naturopathic doctor in accordance with Division 1.5 (commencing with
Section 475).
   3664.  A person who violates Section 3660 or 3661 is guilty of a
misdemeanor, and upon conviction shall be punished by a fine of not
more than five thousand dollars ($5,000), or by imprisonment of not
more than one year in a county jail, or by both that fine and
imprisonment.

      Article 7.  Naturopathic Corporations

   3670.  A naturopathic corporation is a corporation that is
authorized to render professional services, as defined in Section
13401 of the Corporations Code, if the corporation and its
shareholders, officers, directors, and employees rendering
professional services who are naturopathic doctors are in compliance
with the Moscone-Knox Professional Corporation Act (Part 4
(commencing with Section 13400) of Division 3 of Title 1 of the
Corporations Code), this chapter, and all other statutes and
regulations now or hereafter enacted or adopted pertaining to that
corporation and the conduct of its affairs.  With respect to a
naturopathic corporation, the governmental agency referred to in the
Moscone-Knox Professional Corporation Act is the bureau.
   3671.  A naturopathic corporation shall not engage in any conduct
that constitutes unprofessional conduct.  In the conduct of its
practice, the naturopathic corporation shall comply with statutes and
regulations to the same extent as an individual holding a license
under this chapter.
   3672.  The income of a naturopathic corporation attributable to
professional services rendered while a shareholder is a disqualified
person, as defined in Section 13401 of the Corporations Code, shall
not in any manner accrue to the benefit of the shareholder or his or
her shares in the naturopathic corporation.
   3673.  Except as provided in Section 13403 of the Corporations
Code, each director, shareholder, and officer of a naturopathic
corporation, except an assistant secretary and an assistant
treasurer, shall be a licensed person as defined by Section 13401 of
the Corporations Code.
   3674.  The name of a naturopathic corporation and any name or
names under which it may render professional services, shall contain
the words "naturopathic" or "naturopathic doctor" and, as
appropriate, wording or abbreviations denoting its status as a
corporation.
   3675.  The bureau may adopt and enforce regulations to carry out
the purposes and objectives of this article, including, but not
limited to, regulations requiring the following:
   (a) That the bylaws of a naturopathic corporation include a
provision whereby the capital stock of the corporation owned by a
disqualified person, as defined in Section 13401 of the Corporations
Code, or a deceased person, shall be sold to the corporation or to
the remaining shareholders of the corporation within any time as the
regulations may provide.
   (b) That a naturopathic corporation shall provide adequate
security by insurance or otherwise for claims against it by its
patients arising out of the rendering of professional services.

      Article 8.  Fiscal Administration

   3680.  The bureau shall establish the amount of the fee assessed
to conduct activities of the bureau, including the amount of fees for
applicant licensure, licensure examination, licensure renewal, late
renewal, and childbirth certification.
   3681.  (a) All fees collected by the bureau shall be paid into the
State Treasury and shall be credited to the Naturopathic Doctor's
Fund which is hereby created in the State Treasury.  The money in the
fund shall be available to the bureau for expenditure for the
purposes of this chapter only upon appropriation by the Legislature.

   (b) Notwithstanding subdivision (a), all money other than revenue
described in Section 207 received and credited to the Naturopathic
Doctor's Fund in the 2003-04 fiscal year is hereby appropriated to
the bureau for the purpose of implementing this chapter.

      Article 9.  Miscellaneous Provisions

   3685.  (a) The provisions of Article 8 (commencing with Section
3680) shall become operative on January 1, 2004, but the remaining
provisions of this chapter shall become operative on July 1, 2004.
It is the intent of the Legislature that the initial implementation
of this chapter be administered by fees collected in advance from
applicants.  Therefore, the bureau shall have the power and authority
to establish fees and receive applications for licensure or intents
to file application statements on and after January 1, 2004.  The
department shall certify that sufficient funds are available prior to
implementing this chapter.  Funds from the General Fund may not be
used for the purpose
  of implementing this chapter.
   (b) This chapter shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute that
is enacted before January 1, 2010, deletes or extends the dates on
which it becomes inoperative and is repealed.  The repeal of this
chapter renders the bureau subject to the review required by Division
1.2 (commencing with Section 473).
   (c) The bureau shall prepare the report required by Section 473.2
no later than September 1, 2007.
  SEC. 6.  Section 13401.5 of the Corporations Code is amended to
read:
   13401.5.  Notwithstanding subdivision (d) of Section 13401 and any
other provision of law, the following licensed persons may be
shareholders, officers, directors, or professional employees of the
professional corporations designated in this section so long as the
sum of all shares owned by those licensed persons does not exceed 49
percent of the total number of shares of the professional corporation
so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated
herein does not exceed the number of persons licensed by the
governmental agency regulating the designated professional
corporation:
   (a) Medical corporation.
   (1) Licensed doctors of podiatric medicine.
   (2) Licensed psychologists.
   (3) Registered nurses.
   (4) Licensed optometrists.
   (5) Licensed marriage and family therapists.
   (6) Licensed clinical social workers.
   (7) Licensed physician assistants.
   (8) Licensed chiropractors.
   (9) Licensed acupuncturists.
   (10) Naturopathic doctors.
   (b) Podiatric medical corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Registered nurses.
   (4) Licensed optometrists.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (c) Psychological corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Registered nurses.
   (4) Licensed optometrists.
   (5) Licensed marriage and family therapists.
   (6) Licensed clinical social workers.
   (7) Licensed chiropractors.
   (8) Licensed acupuncturists.
   (9) Naturopathic doctors.
   (d) Speech-language pathology corporation.
   (1) Licensed audiologists.
   (e) Audiology corporation.
   (1) Licensed speech-language pathologists.
   (f) Nursing corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Licensed optometrists.
   (5) Licensed marriage and family therapists.
   (6) Licensed clinical social workers.
   (7) Licensed physician assistants.
   (8) Licensed chiropractors.
   (9) Licensed acupuncturists.
   (10) Naturopathic doctors.
   (g) Marriage and family therapy corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Licensed clinical social workers.
   (4) Registered nurses.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (h) Licensed clinical social worker corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Licensed marriage and family therapists.
   (4) Registered nurses.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (i) Physician assistants corporation.
   (1) Licensed physicians and surgeons.
   (2) Registered nurses.
   (3) Licensed acupuncturists.
   (4) Naturopathic doctors.
   (j) Optometric corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Registered nurses.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (k) Chiropractic corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Registered nurses.
   (5) Licensed optometrists.
   (6) Licensed marriage and family therapists.
   (7) Licensed clinical social workers.
   (8) Licensed acupuncturists.
   (9) Naturopathic doctors.
   (l) Acupuncture corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Registered nurses.
   (5) Licensed optometrists.
   (6) Licensed marriage and family therapists.
   (7) Licensed clinical social workers.
   (8) Licensed physician assistants.
   (9) Licensed chiropractors.
   (10) Naturopathic doctors.
   (m) Naturopathic doctor corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Registered nurses.
   (4) Licensed physician assistants.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Licensed physical therapists.
   (8) Licensed doctors of  podiatric medicine.
   (9) Licensed marriage, family, and child counselors.
   (10) Licensed clinical social workers.
   (11) Licensed optometrists.
  SEC. 7.  Section 13401.5 of the Corporations Code is amended to
read:
   13401.5.  Notwithstanding subdivision (d) of Section 13401 and any
other provision of law, the following licensed persons may be
shareholders, officers, directors, or professional employees of the
professional corporations designated in this section so long as the
sum of all shares owned by those licensed persons does not exceed 49
percent of the total number of shares of the professional corporation
so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated
herein does not exceed the number of persons licensed by the
governmental agency regulating the designated professional
corporation:
   (a) Medical corporation.
   (1) Licensed doctors of podiatric medicine.
   (2) Licensed psychologists.
   (3) Registered nurses.
   (4) Licensed optometrists.
   (5) Licensed marriage and family therapists.
   (6) Licensed clinical social workers.
   (7) Licensed physician assistants.
   (8) Licensed chiropractors.
   (9) Licensed acupuncturists.
   (10) Naturopathic doctors.
   (b) Podiatric medical corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Registered nurses.
   (4) Licensed optometrists.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (c) Psychological corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Registered nurses.
   (4) Licensed optometrists.
   (5) Licensed marriage and family therapists.
   (6) Licensed clinical social workers.
   (7) Licensed chiropractors.
   (8) Licensed acupuncturists.
   (9) Naturopathic doctors.
   (d) Speech-language pathology corporation.
   (1) Licensed audiologists.
   (e) Audiology corporation.
   (1) Licensed speech-language pathologists.
   (f) Nursing corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Licensed optometrists.
   (5) Licensed marriage and family therapists.
   (6) Licensed clinical social workers.
   (7) Licensed physician assistants.
   (8) Licensed chiropractors.
   (9) Licensed acupuncturists.
   (10) Naturopathic doctors.
   (g) Marriage and family therapy corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Licensed clinical social workers.
   (4) Registered nurses.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (h) Licensed clinical social worker corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Licensed marriage and family therapists.
   (4) Registered nurses.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (i) Physician assistants corporation.
   (1) Licensed physicians and surgeons.
   (2) Registered nurses.
   (3) Licensed acupuncturists.
   (4) Naturopathic doctors.
   (j) Optometric corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Registered nurses.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Naturopathic doctors.
   (k) Chiropractic corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Registered nurses.
   (5) Licensed optometrists.
   (6) Licensed marriage and family therapists.
   (7) Licensed clinical social workers.
   (8) Licensed acupuncturists.
   (9) Naturopathic doctors.
   (l) Acupuncture corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed doctors of podiatric medicine.
   (3) Licensed psychologists.
   (4) Registered nurses.
   (5) Licensed optometrists.
   (6) Licensed marriage and family therapists.
   (7) Licensed clinical social workers.
   (8) Licensed physician assistants.
   (9) Licensed chiropractors.
   (10) Naturopathic doctors.
   (m) Naturopathic doctor corporation.
   (1) Licensed physicians and surgeons.
   (2) Licensed psychologists.
   (3) Registered nurses.
   (4) Licensed physician assistants.
   (5) Licensed chiropractors.
   (6) Licensed acupuncturists.
   (7) Licensed physical therapists.
   (8) Licensed doctors of podiatric medicine.
   (9) Licensed marriage, family, and child counselors.
   (10) Licensed clinical social workers.
   (11) Licensed optometrists.
   (n) Dental corporation.
   (1) Licensed physician and surgeons.
   (2) Dental assistants.
   (3) Registered dental assistants.
   (4) Registered dental assistants in extended functions.
   (5) Registered dental hygienists.
   (6) Registered dental hygienists in extended functions.
   (7) Registered dental hygienists in alternative practice.
  SEC. 8.  Section 7 of this bill incorporates amendments to Section
13401.5 of the Corporations Code proposed by both this bill and AB
123.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2004, (2) each bill
amends Section 13401.5 of the Corporations Code, and (3) this bill is
enacted after AB 123, in which case Section 6 of this bill shall not
become operative.
  SEC 9. No reimbursement is required by this act pursuant to Section
6 of Article XIII B of the California Constitution because the only
costs that may be incurred by a local agency or school district will
be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.