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[If you would like to download free analysis, FAQ sheets, and other
compliance information, go to our Provider
Information page. If you would like to read a complete history of the
process of passing SB-577, as recorded in our Action Item emails to our
supporters, check
out this link.]
California Senate Bill SB577 (final version)
(Note: Text within the bill that is in Boldface has been added
as it went through the Assembly Health Committee.)
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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