SB577--California's
alternative health care law
Summary: Text of California's
2002 alternative health care law, which provides legal protection for
practitioners of alternative health care such as hypnotherapists
and NLP practitioners.
Until the passage of this law, providers of
alternative health care in California
could be prosecuted for practicing medicine without a license. Providers
now have legal protection if they follow the practices required
by the new law.
These include avoiding certain practices, following advertising requirements,
and providing a written disclosure for clients. Boldfaced
sections of the law appear particularly relevant to making sure
practitioners' disclosure forms meet the legal requirements. (I am not a
lawyer, nor do I offer or claim to offer legal advice. See my disclaimer.)
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:
Disclose
to the client in a written statement using plain language the
following information :
That he or she is not a licensed physician
That the treatment is alternative or
complementary to healing arts services licensed by the state.
That
the services to be provided are not licensed by the state.
The
nature of the services to be provided.
The
theory of treatment upon which the services are based.
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