BILL NUMBER: SB 212	CHAPTERED
	BILL TEXT

	CHAPTER   98
	FILED WITH SECRETARY OF STATE   JULY 21, 1997
	APPROVED BY GOVERNOR   JULY 21, 1997
	PASSED THE SENATE   JULY 3, 1997
	PASSED THE ASSEMBLY   JUNE 26, 1997
	AMENDED IN ASSEMBLY   JUNE 23, 1997
	AMENDED IN ASSEMBLY   MAY 27, 1997

INTRODUCED BY  Senators Burton and Brulte
   (Coauthor:  Assembly Members Migden, Miller, and Shelley)

                        JANUARY 28, 1997

   An act to amend and repeal Section 3209.3 of, and to add Section
3209.9 to, the Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 212, Burton.  Workers' compensation.
   Existing law, until January 1, 1999, defines the term "physician"
as including acupuncturists for purposes of treating injured
employees entitled to workers' compensation medical benefits.
   This bill would delete the repeal date and would make conforming
changes.  The bill would also declare that the inclusion of
acupuncturists in the above provision does not imply any right or
entitle any acupuncturist to represent, advertise, or hold himself or
herself out as a physician or surgeon holding an M.D. or D.O.
degree.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3209.3 of the Labor Code, as amended by Section
1 of Chapter 26 of the Statutes of 1996, is amended to read:
   3209.3.  (a) "Physician" includes physicians and surgeons holding
an M.D. or D.O. degree, psychologists, acupuncturists, optometrists,
dentists, podiatrists, and chiropractic practitioners licensed by
California state law and within the scope of their practice as
defined by California state law.
   (b) "Psychologist" means a licensed psychologist with a doctoral
degree in psychology, or a doctoral degree deemed equivalent for
licensure by the Board of Psychology pursuant to Section 2914 of the
Business and Professions Code, and who either has at least two years
of clinical experience in a recognized health setting or has met the
standards of the National Register of the Health Service Providers in
Psychology.
   (c) When treatment or evaluation for an injury is provided by a
psychologist, provision shall be made for appropriate medical
collaboration when requested by the employer or the insurer.
   (d) "Acupuncturist" means a person who holds an acupuncturist's
certificate issued pursuant to Chapter 12 (commencing with Section
4925) of Division 2 of the Business and Professions Code.
   (e) Nothing in this section shall be construed to authorize
acupuncturists to determine disability for the purposes of Article 3
(commencing with Section 4650) of Chapter 2 of Part 2, or under
Section 2708 of the Unemployment Insurance Code.
  SEC. 2.  Section 3209.3 of the Labor Code, as amended by Section 2
of Chapter 26 of the Statutes of 1996, is repealed.
  SEC. 3.  Section 3209.9 is added to the Labor Code, to read:
   3209.9.  The inclusion of acupuncturists in Section 3209.3 does
not imply any right or entitle any acupuncturist to represent,
advertise, or hold himself or herself out as a physician or surgeon
holding an M.D. or D.O.  degree.