BILL ANALYSIS Ó SB 538 Page 1 Date of Hearing: August 10, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 538 (Hueso) - As Amended August 4, 2016 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|8 - 4 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Appropriations |Vote:|7 - 6 | | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: SB 538 Page 2 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 SB 538 Page 3 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. SB 538 Page 4 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 SB 538 Page 5