BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1050|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
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:
Naturopathic
Medicine Committee
SOURCE : Osteopathic Physicians and Surgeons of
California
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
Committee.
ANALYSIS :
CONTINUED
SB 1050
Page
2
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
SB 1050
Page
3
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
expense.
Background
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
SB 1050
Page
4
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
SB 1050
Page
5
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
members.
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
medicine.
JJA:do 4/22/10 Senate Floor Analyses
SB 1050
Page
6
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****