BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 538  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 538  
          (Hueso) - As Amended June 29, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No





                                    FOR VOTE ONLY










                                                                     SB 538  


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          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  


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            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  








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            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