BILL ANALYSIS Ó SB 538 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 538 (Hueso) - As Amended June 29, 2016 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|8 - 4 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Appropriations |Vote:|7 - 6 | | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No FOR VOTE ONLY SB 538 Page 2 SUMMARY: This bill provides a minor expansion of the scope of practice for naturopathic doctors (NDs). Specifically, this bill: 1)Allows NDs to prescribe Schedule V drugs (those with some, albeit low, potential for abuse) and drugs that are not classified on the DEA schedule, without physician supervision. 2)Modifies under what circumstances an ND may order diagnostic imaging studies and dispense, administer, order, prescribe, provide, or furnish devices and durable medical equipment. FISCAL EFFECT: Minor and absorbable costs to the Osteopathic Medical Board to oversee the new requirements (Naturopathic Doctors Fund). COMMENTS: 1)Purpose. This bill intends to remove barriers for patients seeking medical care from licensed NDs, by allowing them to prescribe routine and low-risk medications, such as blood pressure medications and antibiotics, without a written supervision agreement. 2)Naturopathic Doctors. NDs are licensed and regulated by the SB 538 Page 3 Naturopathic Medicine Committee within the Osteopathic Medical Board. NDs must complete four years of post-graduate training and take a national standardized licensing examination, but they are not required to complete a residency training program, as are medical doctors. An ND may be considered as a primary care provider who uses herbs, supplements, vitamins, homeopathy, nutritional counseling, some prescription medicines, and other treatments to help the body. Under current law, naturopathic doctors can furnish or prescribe Schedule III - V drugs, in accordance with standardized procedures established by a supervising physician. Naturopathic doctors can order diagnostic imaging studies such as x-rays, but must refer those studies to a properly licensed health care professional to interpret the results. 3)Drug Schedules. Drugs are classified into five schedules depending on the drug's medical use and potential for abuse or dependency. Schedule I drugs are considered the most dangerous and Schedule V are the least dangerous. Schedule V drugs include drugs with limited quantities of narcotic and stimulant drugs (such as cough syrups with codeine). 4)Prior Legislation. SB 1446 (McCleod), Chapter 333, Statutes of 2012) allowed NDs to independently prescribe and administer vitamins, minerals, amino acids, and other substances. 5)Recent Amendments. Amendments taken June 29, 2016 simply change authorship and make a technical change; the current content of the bill is largely the same as the August 17, 2015 version. 6)Support. This bill is sponsored by the California Naturopathic SB 538 Page 4 Doctors Association and supported by numerous natural and integrative medicine groups. They support the ability of NDs to offer more expansive primary care services. 7)Opposition. Numerous groups representing physicians, as well as Kaiser Permanente, opposed a previous version of this bill. Amendments taken in the Assembly Business and Professions on August 17, 2015 removed many of the opposition's concerns. However, some physician groups remain opposed to the expansion of NDs' prescribing abilities, citing the belief NDs are inadequately prepared to prescribe the specified drugs without supervision. Analysis Prepared by:Lisa Murawski / APPR. / (916) 319-2081