BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 10, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 538  
          (Hueso) - As Amended August 4, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No





          SUMMARY:


          As proposed to be amended, this bill provides a minor expansion  
          of the scope of practice for naturopathic doctors (NDs).   
          Specifically, this bill:









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          1)After a 12-month period of supervision by a physician, 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)Provides the period of supervision must be waived if: (a) the  
            naturopathic doctor has completed an approved residency  
            program of at least 12 months, or (b) the naturopathic doctor  
            has practiced for at least 12 months in another state where  
            independent prescribing is within the scope of naturopathic  
            doctors.  Specifies this supervision period must be completed  
            once. 


          3)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 after a 12-month period of supervision.   
            It also allows independent prescribing of such drugs if a  
            specified residency program has been completed, or if an ND  
            has practiced for 12 months in another state where independent  








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            prescribing is within their scope.


          2)Naturopathic Doctors.  NDs are licensed and regulated by the  
            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.










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          5)Recent Amendments. Amendments taken August 4th, 2016 add a  
            12-month period of physician supervision, with certain  
            exceptions, prior to allowing independent prescribing. 


          6)Support. This bill is sponsored by the California Naturopathic  
            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. 


          8)Author amendments.  The author notes the August 4th amendments  
            to the bill inadvertently add independent prescribing to the  
            subdivision related to Schedule III and IV drugs, instead of  
            the subdivision related to Schedule V and legend drugs.  The  
            author proposes amendments to correct this error, such that  
            the supervision requirement for prescribing Schedule III and  
            IV drugs will remain the same as current law.  The amendments  
            also clarify the supervision period must be completed once.     
             


          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081













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