BILL ANALYSIS
SB 1050
Page 1
SENATE THIRD READING
SB 1050 (Yee)
As Amended April 22, 2010
Majority vote
SENATE VOTE :30-0
BUSINESS & PROFESSIONS 11-0 APPROPRIATIONS 17-0
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|Ayes:|Hayashi, Conway, Eng, |Ayes:|Fuentes, Conway, |
| |Hernandez, Hill, Ma, | |Bradford, |
| |Nava, Niello, Ruskin, | |Charles Calderon, Coto, |
| |Smyth, Logue | |Davis, |
| | | |De Leon, Gatto, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Revises the membership of the Osteopathic Medical Board
of California (OMBC) and the Naturopathic Medicine Committee
(Committee), and clarifies the duties and responsibilities of the
Committee. Specifically, this bill :
1)Specifies that the Committee is solely responsible for
implementing the Naturopathic Medicine Act, and that the Committee
shall be responsible for reviewing the quality of the practice of
naturopathic medicine carried out by persons licensed as
naturopathic doctors.
2)States that the Committee's highest priority in exercising its
licensing, regulatory, and disciplinary functions is protection of
the public. Whenever the protection of the public is inconsistent
with other interests sought to be promoted, the protection of the
public shall be paramount.
3)Removes the two naturopathic doctors from OMBC and adds them to
the Committee, adds two public members to OMBC, and reduces
Committee membership by one physician and surgeon and one public
member.
4)Deletes the requirement that the Committee get OMBC's approval to
appoint an executive officer, and permits the Committee to employ
other officers and employees as necessary to discharge its duties.
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FISCAL EFFECT : According to the Assembly Appropriations Committee,
annual professional fee-supported special fund costs of $20,000 to
$30,000 to the Naturopathic Committee.
COMMENTS : According to the author's office, "As part of the July
2009 Budget package, ABX4 20 [(Strickland), Chapter 18, Statutes of
2009 - 10 Fourth Extraordinary Session] changed the structure and
the composition of the OMBC by combining it with the Bureau of
Naturopathic Medicine (BNM). For the first time in the board's
86-year history and in the only state in the country, two
non-physician providers would sit in judgment of California's
osteopathic physicians?. ABX4 20 also created a Committee under the
auspices of the OMBC.
"The integration of the two professions on the same oversight board
confuses and misleads the public by implying that the training,
education and credentialing of naturopathic doctors is equivalent to
that of osteopathic physicians and surgeons. Osteopathic physicians
are engaged and qualified in the unlimited practice of medicine,
whereas naturopathic doctors are unable to independently prescribe
medication or perform surgery. Patients may believe they're seeing
a physician when in fact they're visiting a naturopathic
practitioner, whose course of treatment is much different and more
limited.
"[This bill] would fix the abovementioned concerns by simply
changing the two naturopathic doctor seats on the board to two
public member seats.
"This bill also changes the distribution of the existing nine seats
on the Naturopathic Medicine Committee?. [and], consistent with
existing law, authorizes the Committee to appoint an executive
officer and other officers and employees?. This bill would make the
Committee responsible for reviewing the quality of practice by
licensed naturopathic doctors and solely responsible for
implementing the Naturopathic Doctors Act."
Doctors of osteopathy (DOs) are physicians and surgeons who are
fully trained and licensed to prescribe medication and to perform
surgery. DOs are often equated with doctors of medicine (MDs), but
with a philosophical treatment difference that assesses the overall
health of their patients, including home and work environments. DOs
must have a bachelor's degree and complete four years of medical
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school.
OMBC was initially established as the Board of Osteopathic Examiners
by initiative statute in 1922. That initiative established
regulation by an entity separate from the Medical Board of
California (MBC) because of a perception of discrimination against
DOs by the predecessor to the MBC.
Prior to 2002, OMBC was an independent, free-standing board. In
2002, OMBC was brought within the Department of Consumer Affairs
(DCA) by SB 26 (Figueroa), Chapter 615, Statutes of 2002.
Naturopathic medicine is a licensed health care profession based on
the belief that the human body has an innate healing ability.
Naturopathic doctors (NDs) teach their patients to use diet,
exercise, lifestyle changes and natural therapies to enhance their
bodies' ability to ward off and combat disease. NDs must graduate
from a school accredited by the Council of Naturopathic Medical
Education and complete at least 4,100 hours of training, of which
not less than 2,500 hours are academic training and not less than
1,200 hours are supervised clinical training. ND license candidates
must also pass a licensing exam that is administered by the North
American Board of Naturopathic Examiners.
The Bureau of Naturopathic Medicine (Bureau) and the Naturopathic
Doctors Act became operative on July 1, 2004 (SB 907 [Burton],
Chapter 485, Statutes of 2003). As originally established the
Bureau was placed under the authority of the Director of the DCA,
who appointed the Bureau chief. The Director was also responsible
for establishing an advisory council to the Bureau consisting of
three California licensed NDs, three California licensed physicians
and surgeons, and three public members.
As part of the July 2009 Budget package, ABX4 20 [(Strickland),
Chapter 18, Statutes of 2009 - 10 Fourth Extraordinary Session]
changed the structure and the composition of the OMBC by combining
it with the Bureau. OMBC is composed of nine members: five DOs,
two public members, and two naturopathic doctors. The bill also
created the Committee under the auspices of OMBC.
Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916)
319-3301
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FN: 0005137