BILL NUMBER: SB 2100 CHAPTERED 09/26/00 CHAPTER 660 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2000 APPROVED BY GOVERNOR SEPTEMBER 24, 2000 PASSED THE SENATE AUGUST 30, 2000 PASSED THE ASSEMBLY AUGUST 28, 2000 AMENDED IN ASSEMBLY AUGUST 25, 2000 AMENDED IN ASSEMBLY JULY 6, 2000 AMENDED IN ASSEMBLY JUNE 22, 2000 AMENDED IN SENATE APRIL 26, 2000 INTRODUCED BY Senator Vasconcellos FEBRUARY 25, 2000 An act to add Article 23 (commencing with Section 2500) to Chapter 5 of Division 2 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST SB 2100, Vasconcellos. Healing arts: nonconventional treatment. (1) Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and for the licensure and regulation by the Osteopathic Medical Board of California of physicians and surgeons who hold certificates subject to its jurisdiction. This bill would require these boards, on or before July 1, 2002, to establish disciplinary policies and procedures to reflect emerging and innovative medical practices for licensed physicians and surgeons. This bill would request the University of California to review the state of knowledge and emerging research regarding alternative and complementary cancer treatments and therapies for the purpose of assisting the Governor and Legislature, as specified. This bill would make various legislative findings and declarations in this regard. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) California is experiencing and witnessing the emergence amongst thousands if not millions of its people a fascination with and commitment to the philosophies and methodologies of alternative ways of health and healing, commonly known as holistic health, integrative medicine, humanistic medicine, or complementary health. (b) California is also witnessing the emergence of more and more providers who are committed to these alternative modalities of health and healing, while there has been far too little effort expended to understand and appreciate both the alleged benefits and the alleged damages attendant to those practices. (c) In order to assure the people of California the dual goals of the most beneficial balance of access to these new modalities and the protection of their health and well-being, a wide-open study should be undertaken of these emerging modalities in order to seek to ascertain whether and how the state should best reconceptualize and redesign its structures of governance of health care provider practice in order to guarantee these dual goals. SEC. 2. The Legislature hereby intends to commission a comprehensive review by the Medical Board of California and the Osteopathic Medical Board of California into the emergence of the phenomenon of holistic health, together with an assessment of whether and how the boards should redesign their systems of operation so as to meet the goals expressed in subdivision (c) of Section 1. SEC. 3. Article 23 (commencing with Section 2500) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read: Article 23. Alternative Practices and Treatments 2500. The boards acknowledge the significant interest of physicians and patients alike in integrating preventative approaches and holistic-based alternatives into the practice of medicine, including, but not limited to, biopsychosocial techniques, nutrition, and the use of natural supplements to enhance health and wellness. The boards shall establish specific policies in this regard and shall review statutes and recommend modifications of law, when appropriate, in order to assure California consumers that the quality of medicine practiced in this state is the most advanced and innovative it can be both in terms of preserving the health of, as well as providing effective diagnosis and treatment of illness for, the residents of this state. 2501. In fulfilling their responsibilities under this article, the boards shall , on or before July 1, 2002, establish disciplinary policies and procedures to reflect emerging and innovative medical practices for licensed physicians and surgeons. The boards shall solicit the participation of interested parties in the development and preparation of these policies and procedures and shall consult technical advisors as necessary to fulfill the purposes of this article. In preparing these policies and procedures, the boards shall consult with professional medical associations and review the need for any changes in the boards' services, procedures, and activities. The boards shall also assess the need for: (a) Specific standards for informed consent, if any, in order for patients to be able to understand the risks and benefits associated with the range of treatment options available. (b) Standards for investigations to assure competent review in cases involving the practice of any type of alternative medicine, including, but not limited to, the skills and training of investigators. SEC. 4. The University of California is requested to review the state of knowledge and emerging research regarding alternative and complementary health, focusing on cancer treatments and therapies, for the purposes of assisting the Governor and the Legislature in preparing relevant information, analyses, and recommendations to assure that California consumers diagnosed with cancer have the best range of treatment and therapeutic choices.