BILL ANALYSIS                                                                                                                                                                                                    


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                                 THIRD READING

          Bill No:  SB 1050
          Author:   Yee (D), et al
          Amended:  4/22/10
          Vote:     21

           SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE  :  7-0, 4/5/10
          AYES:  Negrete McLeod, Aanestad, Calderon, Correa, Oropeza,  
            Walters, Yee
          NO VOTE RECORDED:  Wyland, Florez

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SUBJECT :    Osteopathic Medical Board of California:   
                      Medicine Committee

           SOURCE  :     Osteopathic Physicians and Surgeons of  

           DIGEST  :    This bill revises the membership of the  
          Osteopathic Medical Board of California to remove two  
          naturopathic doctor members, and instead include two  
          additional public members; revises the membership of the  
          Naturopathic Medicine Committee to require five members to  
          be naturopathic doctors, two members to be physicians and  
          surgeons, and two public members; and clarifies the duties  
          and responsibilities of the Naturopathic Medicine  

           ANALYSIS  :    


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          Existing law  

          1. Licenses and regulates osteopathic physicians and  
             surgeons by the Osteopathic Medical Board of California  
             (OMBC) under the Osteopathic Act.  Provides that the  
             9-member OMBC is composed of the following members  
             appointed by the Governor:

             A.    Five osteopathic physicians and surgeons.

             B.    Two naturopathic doctors.

             C.    Two public members.

          2. Licenses and regulates naturopathic doctors by the  
             Naturopathic Medicine Committee (Committee) within the  
             Board under the Naturopathic Doctors Act.  Provides that  
             the nine-member Committee is composed of the following  
             members appointed by the Governor:

             A.    Three naturopathic doctors.

             B.    Three physicians and surgeons.

             C.    Three public members.

          3. Authorizes the Committee, with the approval of the OMBC,  
             to appoint an executive officer, and authorizes the OMBC  
             to employ other officers and employees as necessary to  
             carry out the duties of the Committee.

          This bill:

          1. Changes the membership of the OMBC as follows:

             A.    Eliminates the two naturopathic doctor members of  
                the OMBC.

             B.    Adds two public members to the OMBC, one appointed  
                by the Senate Rules Committee, and one appointed by  
                the Speaker of the Assembly.

          2. Specifies that it takes an affirmative vote of a  


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             majority of the OMBC to carry any motion or resolution,  
             to adopt any rules, pass any measure or, to authorize  
             the issuance or the revocation of any certificates.

          3. Changes the membership of the Committee as follows:

             A.    Five naturopathic doctors.

             B.    Two physicians and surgeons.

             C.    Two public members.

          4. Authorizes the Committee to appoint an executive  
             officer, and authorizes the Committee to employ other  
             officers and employees as necessary.

          5. Specifies that the Committee is solely responsible for  
             implementation of the Naturopathic Medicine Act.

          6. Makes the Committee responsible for reviewing the  
             quality of the practice of naturopathic medicine carried  
             out by licensed naturopathic doctors.

          7. States that protection of the public shall be the  
             highest priority for the committee in exercising its  
             licensing, regulatory, and disciplinary functions.

          8. Specifies that the public members of the OMBC are to  
             receive per diem and expenses provided the fees and  
             other receipts of the OMBC are sufficient to meet the  

          The Osteopathic Medical Board of California was initially  
          established as the Board of Osteopathic Examiners by  
          initiative statute in 1922.  That initiative established  
          regulation by an entity separate from the Medical Board of  
          California (MBC) because of a perception of discrimination  
          against doctors of osteopathy (DOs) by the predecessor to  
          the MBC.  At the time, some in the medical profession  
          viewed physicians trained in osteopathic medicine as lesser  
          professionals.  In 1919, they succeeded in halting the  
          Board of Medical Examiners' longstanding practice of  


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          licensing osteopathic trained physicians.  The 1922  
          initiative assured the continued existence of DOs as a  
          licensed branch of the medical profession.

          Subsequent initiative statutes have modified the initial  
          law, and it is clear that the Legislature has considerable  
          authority to amend the osteopathic law.  Unlike the  
          Chiropractic Act (which was also enacted by initiative but  
          is not amendable), a 1962 initiative explicitly allows the  
          legislature great leeway to amend the Osteopathic Act.  In  
          fact, the only restriction on the Legislature's power is  
          that it may not fully repeal the Act unless the number of  
          licensed DOs falls below 40 (Osteopathic Initiative Act,  
          Section 3600-3).  Short of that, the Legislature may make  
          any amendment to the Act that it finds appropriate.

          Prior to 2002, the Board was an independent, free-standing  
          board.  In 2002, the Board was brought within the auspices  
          of the state's other consumer-protecting boards and  
          commissions, including the MBC, into the Department of  
          Consumer Affairs by SB 26 (Figueroa), Chapter 615, Statutes  
          of 2002).

          The OMBC has the responsibility and sole authority to issue  
          licenses to practice osteopathic medicine in California.   
          The OMBC is also responsible for ensuring enforcement of  
          legal and professional standards to protect California  
          consumers from incompetent, negligent or unprofessional  
          doctors of osteopathic medicine.

           Former Bureau of Naturopathic Medicine  .  The Bureau of  
          Naturopathic Medicine (Bureau) and the Naturopathic Doctors  
          Act became operative on July 1, 2004 (SB 907 [Burton],  
          Chapter 485, Statutes of 2003).  As originally established  
          the Bureau was placed under the authority of the Director  
          of the DCA, and the chief of the Bureau was appointed by  
          the Director.  The Director was also responsible for  
          establishing an advisory council to the Bureau consisting  
          of three California licensed naturopathic doctors, three  
          California licensed physicians and surgeons, and three  
          public members.

          The Bureau licensed, regulated, and investigated complaints  
          against California naturopathic doctors and provided  


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          consumers with licensing and disciplinary information.  The  
          Bureau was completely funded by application and licensing  
          fees and its staff was responsible for answering public  
          inquiries, analyzing licensure documents, issuing licenses,  
          responding to correspondence, coordinating legislative,  
          regulatory, and budgetary activities, preparing reports,  
          and administering disciplinary and enforcement activities.   
          The Bureau licensed more than 300 naturopathic doctors, and  
          had an annual budget of $133,000, and a staff of nine  
          authorized positions.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  4/22/10)

          Osteopathic Physicians and Surgeons of California (source)
          California Academy of Family Physicians
          California Medical Association
          California Naturopathic Doctors Association
          Inland Empire Health Plan

           ARGUMENTS IN SUPPORT  :    This bill is sponsored by  
          Osteopathic Physicians and Surgeons of California (Sponsor)  
          to remove the newly added naturopathic doctor positions  
          from the membership of the Osteopathic Medical Board of  
          California, thereby returning the membership of the OMBC to  
          five osteopathic physicians and surgeons and four public  

          The Sponsor states that the Osteopathic Act provides for  
          the licensure and oversight of California's 5,000  
          osteopathic physicians and surgeons through the OMBC.   
          Since 1922, the OMBC's five physician members (as well as  
          staff and two public members added in 1991) have been  
          exemplary in protecting consumers and promoting the highest  
          professional standards in the practice of osteopathic  

          JJA:do  4/22/10   Senate Floor Analyses 


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                         SUPPORT/OPPOSITION:  SEE ABOVE

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