BILL NUMBER: SB 352 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2012
INTRODUCED BY Senator Huff
FEBRUARY 15, 2011
An act to amend Section 650.3 of add
Sections 1006 and 1007 to the Business and Professions Code,
relating to chiropractors.
LEGISLATIVE COUNSEL'S DIGEST
SB 352, as amended, Huff. Chiropractors.
Existing law , the Chiropractic Act, enacted by initiative
act, provides for the licensure and regulation of chiropractors
by the State Board of Chiropractic Examiners. Existing law
authorizes a person to participate in or operate a group advertising
and referral service for chiropractors under specified circumstances.
Under the act, a license authorizes its holder to
practice chiropractic as taught in chiropractic schools or colleges
but does not authorize its holder to practice medicine, surgery,
osteopathy, dentistry, or optometry.
This bill would make nonsubstantive, technical changes to those
provisions.
Existing law prohibits a chiropractor, among other healing arts
practitioners, from disseminating any form of public communications
containing a false, fraudulent, misleading, or deceptive statement
for the purpose of inducing the rendering of professional services,
as specified.
This bill would specify that the practice of chiropractic does not
include the treatment or diagnosis of hypersensitivity to foods,
medications, environmental allergens, or venoms, and would prohibit a
chiropractor from advertising that he or she provides or is able to
provide those services, as specified. The bill would specify that a
violation of these provisions constitutes a cause for discipline by
the State Board of Chiropractic Examiners.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares the following:
(a) The law governing practitioners of chiropractic is an
initiative statute known as the Chiropractic Act that was originally
approved by the electorate on November 7, 1922.
(b) The scope of practice authorized by the Chiropractic Act does
not extend beyond the scope of the term "chiropractic" as it was
understood and defined in 1922. In addition, the Chiropractic Act
prohibits a chiropractor from engaging in the practice of medicine.
(c) As it was understood in 1922, the term "chiropractic" did not
include the treatment or diagnosis of hypersensitivity to foods,
medications, environmental allergens, or venoms. Furthermore, those
services constitute the practice of medicine. Therefore, the
Chiropractic Act does not authorize licensees to provide those
services.
SEC. 2. Section 1006 is added to the
Business and Professions Code , to read:
1006. (a) The practice of chiropractic does not include the
treatment or diagnosis of hypersensitivity to foods, medications,
environmental allergens, or venoms, including, but not limited to,
the use of laser therapy for those purposes.
(b) A violation of this section shall constitute a cause for
discipline by the State Board of Chiropractic Examiners. For purposes
of this subdivision, the board shall have the same powers of
suspension, revocation, and discipline as authorized by the
initiative measure referred to in Section 1000.
SEC. 3. Section 1007 is added to the
Business and Professions Code , to read:
1007. (a) A person licensed by the State Board of Chiropractic
Examiners under the Chiropractic Act shall not advertise that he or
she provides or is able to provide the services described in Section
1006, unless that person holds another license under this division
that authorizes the person to provide those services.
(b) For purposes of this section, "advertise" includes, but is not
limited to, the issuance of any card, sign, or device to any person,
or the causing, permitting, or allowing of any sign or marking on,
or in, any building or structure, or in any newspaper or magazine or
in any directory, or any printed matter whatsoever, with or without
any limiting qualification. It also includes business solicitations
communicated by radio or television broadcasting.
(c) A violation of this section shall constitute a cause for
discipline by the State Board of Chiropractic Examiners. For purposes
of this subdivision, the board shall have the same powers of
suspension, revocation, and discipline as authorized by the
initiative measure referred to in Section 1000.
SEC. 4. The provisions of this act are severable.
If any provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.
SECTION 1. Section 650.3 of the Business and
Professions Code is amended to read:
650.3. (a) Notwithstanding Section 650 or any other provision of
law, it shall not be unlawful for a person licensed pursuant to the
Chiropractic Act, or any other person, to participate in or operate a
group advertising and referral service for chiropractors if all of
the following conditions are met:
(1) Patient referrals by the service are the result of patient
initiated responses to service advertising.
(2) The service advertises, if at all, in conformity with Section
651.
(3) The service does not employ a solicitor.
(4) The service does not impose a fee on the member chiropractors
that is dependent upon the number of referrals or amount of
professional fees paid by the patient to the chiropractor.
(5) Participating chiropractors charge no more than their usual
and customary fees to any patient referred.
(6) The service registers with the State Board of Chiropractic
Examiners, providing its name and address.
(7) The service files with the State Board of Chiropractic
Examiners a copy of the standard form contract that regulates its
relationship with member chiropractors, which contract shall be
confidential and not open to public inspection.
(8) If more than 50 percent of its referrals are made to one
individual, association, partnership, corporation, or group of three
or more chiropractors, the service discloses that fact in all public
communications, including, but not limited to, communication by means
of television, radio, motion picture, newspaper, book, or list or
directory of healing arts practitioners.
(b) The State Board of Chiropractic Examiners may adopt
regulations necessary to enforce and administer this section.
(c) The State Board of Chiropractic Examiners or 10 individual
licensed chiropractors may petition the superior court of any county
for the issuance of an injunction restraining any conduct that
constitutes a violation of this section.
(d) It is unlawful and shall constitute a misdemeanor for a person
to operate a group advertising and referral service for
chiropractors without providing its name and address to the State
Board of Chiropractic Examiners.
(e) It is the intent of the Legislature in enacting this section
not to otherwise affect the prohibitions provided in Section 650. The
Legislature intends to allow the pooling of resources by
chiropractors for the purpose of advertising.
(f) This section shall not be construed in any manner that would
authorize a service to engage in the practice of chiropractic.