help protect health freedoms in California. (what little there is of it)

[Guest guest]

California is trying to restrict alt. health resources. This is an ongoing

process there.

 

The medical societies are very rich and strong and have a lot of political

clout.

 

This is a way to put the " competition " out of business. It's all about money.

 

Please pass this on and repost wherever possible..

 

California Health Freedom Coalition

<http://www.californiahealthfreedom.org/default.asp> :: Our Bill

 

Working to protect freedom of access to alternative health care in

California

 

 

 

California Senate Bill SB577

 

(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.

 

© 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.

 

© 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.

 

© 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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2001 California Health Freedom Coalition

 

 

 

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