BILL NUMBER: SB 1691	CHAPTERED  09/24/04

	CHAPTER  742
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2004
	PASSED THE SENATE  AUGUST 26, 2004
	PASSED THE ASSEMBLY  AUGUST 23, 2004
	AMENDED IN ASSEMBLY  AUGUST 18, 2004
	AMENDED IN ASSEMBLY  JUNE 24, 2004

INTRODUCED BY   Senator Vasconcellos

                        FEBRUARY 20, 2004

   An act to add Section 2234.1 to the Business and Professions Code,
relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1691, Vasconcellos.  Physicians and surgeons:  alternative or
complementary medicine.
   Existing law, the Medical Practice Act, creates the Medical Board
of California and makes it responsible through its Division of
Licensing and Medical Quality for, respectively, licensing and
regulating physicians and surgeons.  Under the act, disciplinary
action may be taken against a physician and surgeon for engaging in
unprofessional conduct, which includes gross negligence, repeated
negligent acts, and incompetence.
   This bill would provide that a physician and surgeon is not
subject to discipline for these particular aspects of unprofessional
conduct solely on the basis that the treatment or advice he or she
rendered to a patient is alternative or complementary medicine, as
defined, if specified conditions are satisfied.


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


  SECTION 1.  Section 2234.1 is added to the Business and Professions
Code, to read:
   2234.1.  (a) A physician and surgeon shall not be subject to
discipline pursuant to subdivision (b), (c), or (d) of Section 2234
solely on the basis that the treatment or advice he or she rendered
to a patient is alternative or complementary medicine if that
treatment or advice meets all of the following requirements:
   (1) It is provided after informed consent and a good-faith prior
examination of the patient, and medical indication exists for the
treatment or advice, or it is provided for health or well-being.
   (2) It is provided after the physician and surgeon has given the
patient information concerning conventional treatment and describing
the education, experience, and credentials of the physician and
surgeon related to the alternative or complementary medicine he or
she practices.
   (3) It does not cause a delay in, or discourage traditional
diagnosis of, a condition of the patient.
   (4) It does not cause death or serious bodily injury to the
patient.
   (b) For purposes of this section, "alternative or complementary
medicine" means those health care methods of diagnosis, treatment, or
healing that are not generally used but that provide a reasonable
potential for therapeutic gain in a patient's medical condition that
is not outweighed by the risk of the health care method.