California Senate Bill SB577
SECTION 1.
The Legislature hereby finds and declares all of the following:
(a) Based upon a comprehensive report by the National Institute of Medicine
and other studies, including a study published by the New England Journal of
Medicine, it is evident that millions of Californians, perhaps more than five
million, are presently receiving a substantial volume of health care services from
complementary and alternative health care practitioners. Those studies further
indicate that individuals utilizing complementary and alternative health care
services cut across a wide variety of age, ethnic, socioeconomic, and other
demographic categories.
(b) Notwithstanding the widespread utilization of complementary and alternative
medical services by Californians, the provision of many of these services may be
in technical violation of the Medical Practice Act (Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code).
Complementary and alternative health care practitioners could therefore be
subject to fines, penalties, and the restriction of their practice under the Medical
Practice Act even though there is no demonstration that their practices are
harmful to the public.
(c) The Legislature intends, by enactment of this act, to allow access by
California residents to complementary and alternative health care practitioners
who are not providing services that require medical training and credentials. The
Legislature further finds that these nonmedical complementary and alternative
services do not pose a known risk to the health and safety of California
residents, and that restricting access to those services due to technical
violations of the Medical Practice Act is not warranted.
SECTION 2.
Section 2053.5 is added to the Business and Professions Code, to read:
2053.5. (a) Notwithstanding any other provision of law, a person who complies with the
requirements of Section 2053.6 shall not be in violation of Section 2051, 2052, or 2053
unless that person does any of the following:
(1) Conducts surgery or any other procedure on another person that punctures the skin or
harmfully invades the body.
(2) Administers or prescribes x-ray radiation to another person.
(3) Prescribes or administers legend drugs or controlled substances to another person.
(4) Recommends the discontinuance of legend drugs or controlled substances prescribed by
an appropriately licensed practitioner.
(5) Willfully diagnoses and treats a physical or mental condition of any person under
circumstances or conditions that cause or create risk of great bodily harm, serious physical
or mental illness, or death.
(6) Sets fractures.
(7) Treats lacerations or abrasions through electrotherapy.
(8) Holds out, states, indicates, advertises, or implies to a client or prospective client that he
or she is a physician, a surgeon, or a physician and surgeon.
(b) A person who advertises any services that are not unlawful under Section 2051,
2052, or 2053 pursuant to subdivision (a) shall disclose in the advertisement that he or
she is not licensed by the state as a healing arts practitioner.
SECTION 3. Section 2053.6 is added to the Business and Professions Code, to read:
2053.6. (a) A person who provides services pursuant to Section 2053.5 that are not
unlawful under Section 2051, 2052, or 2053 shall, prior to providing those services, do
the following:
(1) Disclose to the client in a written statement using plain language the
following information::
A) That he or she is not a licensed physician.:
(B) That the treatment is alternative or complementary to
healing arts services licensed by the state.:
(C) That the services to be provided are not licensed by the
state.:
(D) The nature of the services to be provided.:
(E) The theory of treatment upon which the services are based.
(F) His or her educational, training, experience, and other
qualifications regarding the services to be provided. :
(2) Obtain a written acknowledgement from the client stating that he or she
has been provided with the information described in paragraph (1). The
client shall be provided with a copy of the written acknowledgement, which
shall be maintained by the person providing the service for three years.:
(b) The information required by subdivision (a) shall be provided in a language that the
client understands.:
(c) Nothing in this section or in Section 2053.5 shall be construed to do the following: :
(1) Affect the scope of practice of licensed physicians and surgeons. :
(2) Limit the right of any person to seek relief for negligence or any other
civil remedy against a person providing services subject to the requirements
of this section.:
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