BILL NUMBER: SB 1050	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2010
	AMENDED IN SENATE  APRIL 7, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Yee
   (Coauthor: Senator Wiggins)

                        FEBRUARY 16, 2010

   An act to amend Sections 3620, 3621, 3626, and 3663 of, and to add
Section 3620.1 to, the Business and Professions Code, and to amend
an initiative act entitled "Osteopathic Act" approved by the electors
November 7, 1922, as amended and approved by the electors November
6, 1962, by amending Section 1.5 thereof, and by amending and
repealing Section 1 thereof, relating to healing arts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1050, as amended, Yee. Osteopathic Medical Board of California:
Naturopathic Medicine Committee.
   (1) Existing law, the Osteopathic Act, requires the Governor to
appoint 7 licensee members to the Osteopathic Medical Board of
California, including 5 osteopathic physicians and surgeons and 2
naturopathic doctors. This provision is repealed on January 1, 2013,
at which time the licensee membership of the board will be reduced to
5 osteopathic physicians and surgeons. Existing law also requires
the Governor to appoint 2 public members to the Osteopathic Medical
Board of California.
   This bill would exclude those naturopathic doctors from the
membership of the board, thereby reducing the licensee membership of
the board to 5 osteopathic physicians and surgeons. The bill would
add 2 additional public members to the board and would require the
Senate Committee on Rules and the Speaker of the Assembly to each
appoint one public member  .   The bill would specify
that public members are to receive specified per diem and expenses
 .
   (2) Existing law, the Naturopathic Doctors Act, provides for the
licensure and regulation of naturopathic doctors by the Naturopathic
Medicine Committee within the Osteopathic Medical Board of
California. The committee consists of 3 licensed naturopathic
doctors, 3 licensed physicians and surgeons, and 3 public members who
are appointed by the Governor. Existing law authorizes the
committee, with the approval of the board, to appoint an executive
officer and authorizes the board to employ other officers and
employees as necessary.
   This bill would change the membership of the committee to 5
licensed naturopathic doctors, 2 licensed physicians and surgeons,
and 2 public members. The bill would authorize the committee to
appoint an executive officer and other officers and employees as
necessary. The bill would make the committee responsible for
reviewing the quality of practice by licensed naturopathic doctors
and solely responsible for implementing the Naturopathic Doctors Act.
The bill would require protection of the public to be the highest
priority for the committee.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 3620 of the Business and Professions Code is
amended to read:
   3620.  The committee shall enforce and administer the provisions
of this chapter and shall be solely responsible for the
implementation of this chapter.
  SEC. 2.  Section 3620.1 is added to the Business and Professions
Code, to read:
   3620.1.  Protection of the public shall be the highest priority
for the committee in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.
  SEC. 3.  Section 3621 of the Business and Professions Code is
amended to read:
   3621.  (a) The committee shall consist of nine members appointed
by the Governor. Members of the committee shall include five members
who are California licensed naturopathic doctors, or have met the
requirements for licensure pursuant to this chapter, two members who
are California licensed physicians and surgeons, and two public
members.
   (b) A member of the committee shall be appointed for a four-year
term. A person shall not serve as a member of the committee 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.
   (c) (1) A public member of the committee 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) Each member of the committee shall receive a per diem and
expenses as provided in Section 103.
   (e) The committee may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the committee
and vested in him or her by this chapter.
  SEC. 4.  Section 3626 of the Business and Professions Code is
amended to read:
   3626.  The committee may employ other officers and employees as
necessary to discharge the duties of the committee.
  SEC. 5.  Section 3663 of the Business and Professions Code is
amended to read:
   3663.  (a) The committee shall have the responsibility for
reviewing the quality of the practice of naturopathic medicine
carried out by persons licensed as naturopathic doctors pursuant to
this chapter.
   (b) The committee 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 committee 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).
  SEC. 6.  Section 1 of the act cited in the title, as amended by
Section 69 of Chapter 18 of the Fourth Extraordinary Session of the
Statutes of 2009, is repealed.
  SEC. 7.  Section 1 of the act cited in the title, as added by
Section 70 of Chapter 18 of the Fourth Extraordinary Session of the
Statutes of 2009, is amended to read:
  Section 1.  A self-sustaining Osteopathic Medical Board of
California to consist of five members and to be known as the
"Osteopathic Medical Board of California" is hereby created and
established. The Governor shall appoint the members of the board,
each of whom shall have been a citizen of this state and in active
practice for at least five years next preceding his or her
appointment. Each of the members shall be appointed from among
persons who are graduates of osteopathic schools who hold unrevoked
physician's and surgeon's D.O. licenses or certificates to practice
in this state. No one residing or practicing outside of this state
may be appointed to, or sit as a member of, the board. The Governor
shall fill by appointment all vacancies on the board for the
unexpired term. The term of office of each member shall be three
years; provided, that of the first board appointed, one shall be
appointed for one year, two for two years, and two for three years,
and that thereafter all appointments shall be for three years, except
that appointments to fill vacancies shall be for the unexpired term
only. No member shall serve for more than three full consecutive
terms. The Governor shall have power to remove from office any member
of the board for neglect of duty required by the Osteopathic Act or
Medical Practice Act, for no longer complying with the residency or
practice requirements of this section, for incompetency, or for
unprofessional conduct. Each member of the board shall, before
entering upon the duties of his or her office, take the
constitutional oath of office. All fees collected on behalf of the
Osteopathic Medical Board of California and all receipts of every
kind and nature, shall be reported at the beginning of each month for
the month preceding, to the Controller and at the same time the
entire amount must be paid into the State Treasury and shall be
credited to a fund to be known as the Osteopathic Medical Board of
California Contingent Fund, which fund is hereby created. The
contingent fund shall be for the use of the Osteopathic Medical Board
of California and out of it and not otherwise shall be paid all
expenses of the board. Each member of the board shall receive a per
diem and expenses as provided in Section 103, provided the fees and
other receipts of the board are sufficient to meet this expense.
   The Governor shall appoint the members of the board within 30 days
after this act takes effect. The board shall be organized within 60
days after the appointment of its members by the Governor by electing
from its number a president, vice president, and a secretary who
shall also be the treasurer, who shall hold their respective
positions during the pleasure of the board. The board shall hold one
meeting during the first quarter of each calendar year at a time and
place designated by the board with power of adjournment from time to
time until its business is concluded. Special meetings of the board
may be held at such time and place as the board may designate. Notice
of each regular or special meeting shall be given twice a week for
two weeks next preceding each meeting in one daily paper published in
the City of San Francisco, one published in the City of Sacramento,
and one published in the City of Los Angeles which notice shall also
specify the time and place of holding the examination of applicants.
The secretary of the board upon an authorization from the president
of the board, or the chairperson of the committee may call meetings
of any duly appointed committee of the board at a specified time and
place and it shall not be necessary to advertise those committee
meetings. The board shall receive through its secretary applications
for certificates to be issued by the board and shall, on or before
the first day of January in each year transmit to the Governor a full
report of all its proceedings together with a report of its receipts
and disbursements.
   The office of the board shall be in the City of Sacramento.
Suboffices may be established in Los Angeles and San Francisco and
records as may be necessary may be transferred temporarily to those
suboffices. Legal proceedings against the board may be instituted in
any one of the three cities.
   The board may from time to time adopt rules as may be necessary to
enable it to carry into effect the provisions of this act. It shall
require the affirmative vote of  three   a
majority of the  members of the board to carry any motion or
resolution, to adopt any rules, pass any measure or to authorize the
issuance or the revocation of any certificate. Any member of the
board may administer oaths in all matters pertaining to the duties of
the board and the board shall have authority to take evidence in any
matter cognizable by it. The board shall keep an official record of
its proceedings, a part of which record shall consist of a register
of all applicants for certificates under this act together with the
action of the board upon each application.
   The board shall have the power to employ legal counsel to advise
and assist it in connection with all matters cognizable by the board
or in connection with any litigation or legal proceedings instituted
by or against the board and may also employ clerical assistance as it
may deem necessary to carry into effect this act. The board may fix
the compensation to be paid for those services and may incur other
expense as it may deem necessary; provided, however, that all of that
expense shall be payable only from the fund hereinbefore provided
for and to be known as the Osteopathic Medical Board of California
Contingent Fund.
  SEC. 8.  Section 1.5 of the act cited in the title is amended to
read:
   Sec. 1.5.  In addition to the five members of the Osteopathic
Medical Board of California as provided for in Section 1, there shall
be four public members on the board. The public members shall not be
a licensee of any board in Division 2 (commencing with Section 500)
of the Business and Professions Code nor of any initiative act
referred to in that division. Two public members shall be appointed
by the Governor, and the Senate Committee on Rules and the Speaker of
the Assembly shall each appoint one public member. Public members
shall be appointed for a term of three years  and shall not
  provided that, for the first public member appointed
by the Senate   Committee on Rules, the term of office shall
be two years, and for the first public member appointed by the
Speaker of the Assembly, the term of office shall be one year, and
thereafter all appointments shall be for three years, except that
appointments to fill vacancies shall be for the unexpired term only.
No public member shall  serve for more than three full
consecutive terms.  Each public member of the board shall receive
a per diem and expenses as provided in Sec   tion 103,
provided the fees and other receipts of the board are sufficient to
meet this expense.