BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1246|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1246
          Author:   Negrete McLeod (D)
          Amended:  8/2/10
          Vote:     21

           
           SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE  :  8-0,  
            4/12/10
          AYES:  Negrete McLeod, Wyland, Aanestad, Calderon, Correa,  
            Oropeza, Walters, Yee
          NO VOTE RECORDED:  Florez

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  28-0, 5/28/10
          AYES:  Alquist, Ashburn, Calderon, Cedillo, Corbett,  
            Correa, DeSaulnier, Ducheny, Dutton, Florez,  
            Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal, Negrete  
            McLeod, Padilla, Pavley, Price, Romero, Runner, Simitian,  
            Steinberg, Strickland, Wolk, Wyland, Yee
          NO VOTE RECORDED:  Aanestad, Cogdill, Cox, Denham, Hancock,  
            Harman, Oropeza, Walters, Wiggins, Wright, Vacancy,  
            Vacancy

           ASSEMBLY FLOOR  :  78-0, 8/12/10 (Consent) - See last page  
            for vote


           SUBJECT  :    Naturopathic medicine

           SOURCE  :     California Naturopathic Doctors Association


                                                           CONTINUED





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           DIGEST  :    This bill includes naturopathic doctors in the  
          list of health care practitioners who could perform a  
          clinical laboratory test or examination classified as  
          waived and defines a naturopathic assistant for purposes of  
          the Naturopathic Doctors Act, and specifies certain  
          functions for naturopathic assistants.
           Assembly Amendments  make technical changes to the duties a  
          naturopathic assistant may perform.

           ANALYSIS  :    

          Existing law:

          1. Establishes the Naturopathic Doctors Act, administered  
             by the Naturopathic Medicine Committee (Committee)  
             within the Osteopathic Medical Board of California to  
             regulate the practice of naturopathic medicine.  Sunsets  
             the provisions of the Naturopathic Doctors Act on  
             January 1, 2013.

          2. Defines naturopathic medicine as 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.

          3. Establishes in federal law, the Clinical Laboratory  
             Improvement Amendments of 1988 (CLIA), which regulates  
             laboratories when performing testing on human specimens,  
             and includes laboratory standards for proficiency  
             testing, facility administration, personnel  
             qualifications, and quality control.  Applies standards  
             to all settings, including commercial, hospital, or  
             physician office laboratories.

          4. Defines under CLIA waived tests as simple laboratory  
             examinations and procedures that are cleared by the Food  
             and Drug Administration (FDA) for home use; employ  
             methodologies that are so simple and accurate as to  
             render the likelihood of erroneous results negligible;  
             or pose no reasonable risk of harm to the patient if the  
             test is performed incorrectly.

          5. Establishes within the Department of Public Health (DPH)  







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             the Laboratory Field Services which provides for  
             licensing and registration services for clinical  
             laboratories, as specified.

          6. Requires a clinical laboratory that performs tests that  
             are of moderate or high complexity to be licensed by  
             DPH.  Requires a clinical laboratory that performs tests  
             that are of low complexity, also referred to as "waived  
             tests," or that perform provider-performed microscopy,  
             which is microscopic analysis of a specimen by a health  
             care provider such as a physician, to be registered,  
             rather than licensed, by DPH.  

          7. Defines a clinical laboratory as any establishment or  
             institution operated for the performance of clinical  
             laboratory tests or examinations, or the practical  
             application of clinical laboratory sciences.  Requires  
             clinical laboratories to pay fees, as specified, to DPH  
             for the purposes of initial and renewal licensure,  
             registration, or certification.  

          8. Prohibits anyone from performing a clinical laboratory  
             test or examination classified as waived under CLIA  
             unless the clinical laboratory test or examination is  
             performed under the overall operation and administration  
             of the laboratory director, and the test is performed by  
             specified persons, including physicians and surgeons,  
             podiatrists, dentists, physician assistant, or  
             respiratory care practitioner.  

          This bill:

          1. Includes a licensed naturopathic doctor in the list of  
             persons who could perform a clinical laboratory test or  
             examination classified as waived under CLIA.

          2. Includes a naturopathic assistant, as defined, to the  
             list of persons who could perform a clinical laboratory  
             test or examination classified as of moderate complexity  
             if the waived test is performed to a specific  
             authorization meeting specified requirements.  

          3. Includes in the definition of laboratory director a duly  
             licensed naturopathic doctor for the purposes of a  







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             clinical laboratory test or examination classified as  
             waived.

          4. Defines a naturopathic assistant as a person who may be  
             unlicensed, who performs basic administrative, clerical,  
             and technical supportive services, in compliance with  
             this bill, for a licensed naturopathic doctor or  
             naturopathic corporation and who is at least 18 years of  
             age, and who has had at least the minimum amount of  
             hours of appropriate training pursuant to standards  
             established by the MBC for a medical assistant, as  
             specified.  Requires the naturopathic assistant to be  
             issued a certificate by the training institution or  
             instructor indicating satisfactory completion of the  
             required training.  Requires a copy of the certificate  
             to be retained as a record by each employer or the  
             naturopathic assistant.

          5. Defines naturopathic technical supportive services as  
             simple routine medical tasks and procedures that may be  
             safely performed by a naturopathic assistant who has  
             limited training and who functions under the supervision  
             of a licensed naturopathic doctor.

          6. Defines specific authorization as specific written order  
             prepared by the supervising naturopathic doctor  
             authorizing the procedures to be performed on a patient,  
             which shall be placed in the patient's medical record,  
             or a standing order prepared by the supervising  
             naturopathic doctor authorizing the procedures to be  
             performed.  Requires a notation of the standing order  
             shall be placed on the patient's medical record.

          7. Defines supervision of a naturopathic assistant as the  
             supervision of procedures authorized by a naturopathic  
             doctor, within his/her scope of practice, as specified,  
             and who is physically present in the treatment facility  
             during the performance of those procedures.

          8. Authorizes a naturopathic assistant to do all of the  
             following:

             A.    Administer medication only by intradermal,  
                subcutaneous, or intramuscular injections and perform  







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                skin tests and additional technical support services  
                upon the specific authorization and supervision of a  
                licensed naturopathic doctor.  Authorizes a  
                naturopathic assistant to also perform these services  
                at licensed clinics, as specified.  

             B.    Perform venipuncture or skin puncture for the  
                purposes of withdrawing blood upon specific  
                authorization and under the supervision of a licensed  
                naturopathic doctor after meeting existing  
                educational and training requirements for medical  
                assistants, as specified.  Requires a copy of any  
                related certificates shall be retained as a record by  
                each employer of the assistant.

          9. Authorizes a naturopathic assistant to perform the  
             following naturopathic technical support services:

             A.    Administer medications, as specified.  Requires  
                that in every instance, prior to administration of  
                medication by the naturopathic assistant, the  
                naturopathic doctor shall verify the correct  
                medication and dosage.

             B.    Apply and remove bandages.

             C.    Collect by noninvasive techniques and preserve  
                specimens for testing, including urine, sputum,  
                semen, and stool.

             D.    Assist patients to and from patient examination  
                room or examination table.

             E.    As authorized by the naturopathic doctor, provide  
                patient information and instructions.

             F.    Collect and record patient data, including height,  
                weight, temperature, pulse, respiration rate, and  
                blood pressure, and basic information about the  
                presenting and previous conditions.

             G.    Perform simple laboratory and screening tests  
                customarily performed in a medical office.








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             H.    Perform additional naturopathic technical support  
                services under regulations and standards established  
                by the Committee.  Requires the Committee, prior to  
                adopting any regulations request recommendations from  
                other public agencies, and professional associations.

          10.States that nothing in this bill shall be construed to  
             do the following: 

             A.    Authorize the licensure of naturopathic  
                assistants.  

             B.    Authorize the administration of local anesthetic  
                agents by a naturopathic assistant. 

             C.    Authorize the Naturopathic Medicine Committee to  
                adopt any regulations that violate the prohibition on  
                diagnosis or treatment, as specified.

          11.States that a naturopathic assistant may not be employed  
             for inpatient care in a licensed general acute care  
             hospital.

           Background  

           Scope of Practice, Education and Training Requirements of  
          Naturopathic Doctors  .  SB 907 (Burton), Chapter 485,  
          Statutes of 2003, established until July 1, 2009, the  
          Naturopathic Doctor Act (Act), to be administered by the  
          Bureau of Naturopathic Medicine within the Department of  
          Consumer Affairs to establish standards for licensure and  
          regulation of naturopathic medicine.  AB 20 X4  
          (Strickland), Chapter 18, Statutes of 2009-10, Fourth  
          Extraordinary Session, abolished the Bureau of Naturopathic  
          Medicine and created the Naturopathic Medicine Committee  
          within the Osteopathic MBC and extended the sunset date of  
          the Act to January 1, 2013.  

          Under the Act, naturopathic doctors may order and perform  
          physical and laboratory examinations for diagnostic  
          purposes, including, but not limited to phlebotomy,  
          clinical laboratory tests, and speculum examinations.  A  
          naturopathic doctor may also order diagnostic imaging  
          studies, dispense, administer, order, and prescribe or  







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          perform the following:  food, extracts of food,  
          nutraceuticals, botanical medicines, homeopathic medicines,  
          all dietary supplements, and non-prescription drugs, as  
          specified; hot or cold hydrotherapy and other physical  
          medicine; devices; health education and health counseling;  
          repair and care incidental to superficial lacerations and  
          abrasions; and removal of foreign bodies located in the  
          superficial tissues.  The Act also authorizes a  
          naturopathic doctor to furnish or order drugs when the  
          drugs are ordered in accordance with standardized  
          procedures or protocols developed by the naturopathic  
          doctor and his/her supervising physician; the naturopathic  
          doctor is functioning pursuant to standardized procedures  
          and protocols, as specified; the standardized procedure or  
          protocol specify among other things which naturopathic  
          doctor may furnish the drug, which drugs may be furnished;  
          and the furnishing or ordering of drugs occurs under  
          physician and surgeon supervision.  The Act also specifies  
          that a physician and surgeon shall not supervise more than  
          four naturopathic doctors at one time.  

          The Act requires the Committee to approve a naturopathic  
          medical education program that has the following minimum  
          requirements:  (1) Admission requirements that include a  
          minimum of three-quarters of the credit required for a  
          bachelor's degree, as specified, and (2) a minimum of 4,100  
          total hours in basic and clinical sciences, naturopathic  
          philosophy, naturopathic modalities, and naturopathic  
          medicine.  Not less than 2,500 hours shall consist of  
          academic instruction, and not less than 1,200 hours of  
          supervised clinical training approved by the naturopathic  
          medical school.   

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

           SUPPORT  :   (Verified  8/10/10)

          California Naturopathic Doctors Association (source)
          Osteopathic Physicians & Surgeons of California

           ARGUMENTS IN SUPPORT  :    The bill's sponsor, the California  
          Naturopathic Doctors Association, states that a  
          naturopathic doctor's inability to perform CLIA waived  







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          tests compromises patient safety by delaying tests and  
          their results.  This bill would designate naturopathic  
          doctors as laboratory directors for CLIA waived tests only.  
           The sponsor points out that naturopathic doctors in other  
          states are able to perform CLIA waived and moderate  
          complexity tests.  Additionally, this bill includes  
          provisions allowing a naturopathic doctor to supervise an  
          assistant which will provide more time for naturopathic  
          doctors to see patients and run a more efficient practice.   
          Currently, private practice naturopathic doctors must  
          perform all simple patient related tasks, such as vitals,  
          taking blood and giving shots. 


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,  
            Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Norby, Vacancy


          JJA:mw  8/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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