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SB-796 Healing arts: boards.(2017-2018)

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Date Published: 05/26/2017 10:00 AM
SB796:v97#DOCUMENT

Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 796


Introduced by Senator Hill

February 17, 2017


An act to amend Sections 2450.3, 3621, 3623, 3630, 3660, 3680, 3686, 3710, and 3716 3716, and 3772 of, to add Section 3635.1 to, and to repeal Section 3645 of, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 796, as amended, Hill. Healing arts: boards.
Existing law, the Naturopathic Doctors Act, establishes the Naturopathic Medicine Committee within the Osteopathic Medical Board of California for the licensure and regulation of naturopathic doctors. Existing law requires the committee to consist of 9 members appointed by the Governor, including 2 public members. Existing law requires a public member to be a citizen of the state for at least 5 years preceding his or her appointment.
This bill would instead require 7 professional members to be appointed by the Governor, one public member to be appointed by the Senate Committee on Rules, and one public member to be appointed by the Assembly Committee on Rules. The bill would instead require a public member to be a resident of the state for at least 5 years preceding his or her appointment.
Existing law repeals the act on January 1, 2018. Existing law also specifies that the committee is subject to review by the appropriate policy committees of the Legislature on January 1, 2018.
This bill would instead repeal the act and subject the committee to legislative review on January 1, 2022.
Existing law requires an applicant for a license as a naturopathic doctor to file a written application with the committee, as specified. Existing law requires the committee to establish the amount of the fee assessed to conduct activities of the committee, including the amount of fees for applicant licensure, licensure renewal, late renewal, and childbirth certification. Existing law requires the committee to require the satisfactory completion of 60 hours of approved continuing education biennially, as specified, for licensure renewal.
This bill would remove the requirement that an application be written. The bill would specify the amount or maximum amount for each of the fees. The bill would require a licensee to retain certificates of continuing education course completion for 6 years. The bill would authorize the committee to audit licensees’ continuing education records to ensure that continuing education requirements are met. The bill would specify that furnishing false or misleading information to the committee regarding continuing education constitutes unprofessional conduct.
Existing law requires the committee to approve a specified naturopathic medical education program. Existing law requires boards within the Department of Consumer Affairs to adopt rules and regulations to provide for methods of evaluating education, training, and experience obtained in the armed services, if applicable to the requirements of the business, occupation, or profession regulated, and to specify how this education, training, and experience may be used to meet the licensure requirements for the particular business, occupation, or profession regulated. Existing law also requires these boards to consult with the Department of Veterans Affairs and the Military Department before adopting these rules and regulations.
This bill would require that the naturopathic medical program, pursuant to those provisions, evaluate an applicant’s education, training, and experience obtained in the armed services, and provide course credit where applicable.
Existing law requires that a person be licensed to use the professional abbreviation “N.D.” or other titles, words, letters, or symbols with the intent to represent that he or she practices, is authorized to practice, or is able to practice naturopathic medicine as a naturopathic doctor, except as specified. Existing law makes a violation of this provision a crime. Existing law also specifies that the Naturopathic Doctors Act permits, and does not restrict the use of, the titles “naturopath,” “naturopathic practitioner,” and “traditional naturopathic practitioner” by persons who are educated and trained for those positions. Existing law specifies that the Naturopathic Doctors Act permits, and does not restrict, the education of these persons, and does not require these persons to be licensed under the act.
This bill would repeal the provisions restricting the scope of the act, and instead would require that a person be licensed to use the title “naturopath,” “naturopathic practitioner,” or “traditional naturopathic practitioner” with the intent to represent that he or she practices, is authorized to practice, or is able to practice naturopathic medicine as a naturopathic doctor, except as specified. By expanding the definition a crime, this bill would impose a state-mandated local program.
Existing law, the Respiratory Care Practice Act, establishes the Respiratory Care Board of California for the licensure and regulation of respiratory care practitioners. Existing law specifies that the board is subject to review by the appropriate policy committees of the Legislature upon repeal of the provision establishing the board. Existing law also authorizes the board to employ an executive officer. Existing law repeals these provisions on January 1, 2018.
This bill would instead repeal those provisions on January 1, 2022.
Existing law establishes the Respiratory Care Fund in the State Treasury to carry out the purposes of the act, and requires all collections from persons licensed or seeking to be licensed under the Respiratory Care Act to be paid into the fund, as specified.
This bill would make the availability of the moneys in the fund contingent upon appropriation by the Legislature.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2450.3 of the Business and Professions Code is amended to read:

2450.3.
 There is within the jurisdiction of the Osteopathic Medical Board of California a Naturopathic Medicine Committee authorized under the Naturopathic Doctors Act (Chapter 8.2 (commencing with Section 3610)). This section shall become inoperative on January 1, 2022. 2022, and as of that date is repealed. Notwithstanding any other provision of law, the repeal of this section renders the Naturopathic Medicine Committee subject to review by the appropriate policy committees of the Legislature.

SEC. 2.

 Section 3621 of the Business and Professions Code is amended to read:

3621.
 (a) The committee shall consist of nine members, consisting of seven professional members appointed by the Governor, one member appointed by the Senate Committee on Rules, and one member appointed by the Assembly Committee on Rules. Members of the committee shall include five members who are California licensed naturopathic doctors, or have met the requirements for licensure pursuant to this chapter, two members who are California licensed physicians and surgeons, and two public members.
(b) A member of the committee shall be appointed for a four-year term. A person shall not serve as a member of the committee for more than two consecutive terms. A member shall hold office until the appointment and qualification of his or her successor, or until one year from the expiration of the term for which the member was appointed, whichever first occurs. Vacancies shall be filled by appointment for unexpired terms.
(c) (1) A public member of the committee shall be a resident of this state for at least five years preceding his or her appointment.
(2) A person shall not be appointed as a public member if the person or the person’s immediate family in any manner owns an interest in a college, school, or institution engaged in naturopathic education, or the person or the person’s immediate family has an economic interest in naturopathy or has any other conflict of interest. “Immediate family” means the public member’s spouse, parents, children, or his or her children’s spouses.
(d) Each member of the committee shall receive a per diem and expenses as provided in Section 103.
(e) The committee may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the committee and vested in him or her by this chapter.

SEC. 3.

 Section 3623 of the Business and Professions Code is amended to read:

3623.
 (a) The committee shall approve a naturopathic medical education program accredited by the Council on Naturopathic Medical Education or an equivalent federally recognized accrediting body for the naturopathic medical profession that has the following minimum requirements:
(1) Admission requirements that include a minimum of three-quarters of the credits required for a bachelor’s degree from a regionally accredited or preaccredited college or university or the equivalency, as determined by the council.
(2) Program requirements for its degree or diploma of a minimum of 4,100 total hours in basic and clinical sciences, naturopathic philosophy, naturopathic modalities, and naturopathic medicine. Of the total requisite hours, not less than 2,500 hours shall consist of academic instruction, and not less than 1,200 hours shall consist of supervised clinical training approved by the naturopathic medical school.
(b) A naturopathic medical education program in the United States shall offer graduate-level full-time studies and training leading to the degree of Doctor of Naturopathy or Doctor of Naturopathic Medicine. The program shall be an institution, or part of an institution of, higher education that is either accredited or is a candidate for accreditation by a regional institutional accrediting agency recognized by the United States Secretary of Education and the Council on Naturopathic Medical Education, or an equivalent federally recognized accrediting body for naturopathic doctor education.
(c) To qualify as an approved naturopathic medical school, a naturopathic medical program located in Canada or the United States shall offer a full-time, doctoral-level, naturopathic medical education program with its graduates being eligible to apply to the committee for licensure and to the North American Board of Naturopathic Examiners that administers the naturopathic licensing examination.
(d) The naturopathic medical program shall evaluate an applicant’s education, training, and experience obtained in the armed services, pursuant to Section 35, and provide course credit where applicable.

SEC. 4.

 Section 3630 of the Business and Professions Code is amended to read:

3630.
 An applicant for a license as a naturopathic doctor shall file an application with the committee on a form provided by the committee that shows, to the committee’s satisfaction, compliance with all of the following requirements:
(a) The applicant has not committed an act or crime that constitutes grounds for denial of a license under Section 480, and has complied with the requirements of Section 144.
(b) The applicant has received a degree in naturopathic medicine from an approved naturopathic medical school where the degree substantially meets the educational requirements in paragraph (2) of subdivision (a) of Section 3623.

SEC. 5.

 Section 3635.1 is added to the Business and Professions Code, to read:

3635.1.
 (a) A licensee shall retain certificates of continuing education course completion for six years.
(b) The committee may audit licensees’ continuing education records to ensure that continuing education requirements are met.
(c) It shall be unprofessional conduct for a licensee to furnish false or misleading information to the committee regarding continuing education.

SEC. 6.

 Section 3645 of the Business and Professions Code is repealed.

SEC. 7.

 Section 3660 of the Business and Professions Code is amended to read:

3660.
 Except as provided in subdivision (h) of Section 3644, a person shall have a valid, unrevoked, or unsuspended license issued under this chapter to do any of the following:
(a) To claim to be a naturopathic doctor, licensed naturopathic doctor, doctor of naturopathic medicine, doctor of naturopathy, or naturopathic medical doctor.
(b) To use the professional abbreviation “N.D.,” “naturopath,” “naturopathic practitioner,” “traditional naturopathic practitioner,” or other titles, words, letters, or symbols with the intent to represent that he or she practices, is authorized to practice, or is able to practice naturopathic medicine as a naturopathic doctor.

SEC. 8.

 Section 3680 of the Business and Professions Code is amended to read:

3680.
 (a) The application fee for a doctor of naturopathic medicine shall be no more than four hundred dollars ($400).
(b) The initial license fee shall be no more than eight hundred dollars ($800).
(c) The renewal fee for a license shall be no more than eight hundred dollars ($800).
(d) The late renewal fee for a license shall be no more than one hundred fifty dollars ($150).
(e) The fee for processing fingerprint cards shall be the current fee charged by the Department of Justice.
(f) The fee for a duplicate or replacement license shall be no more than twenty-five dollars ($25).

SEC. 9.

 Section 3686 of the Business and Professions Code is amended to read:

3686.
 This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 10.

 Section 3710 of the Business and Professions Code is amended to read:

3710.
 (a) The Respiratory Care Board of California, hereafter referred to as the board, shall enforce and administer this chapter.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

SEC. 11.

 Section 3716 of the Business and Professions Code is amended to read:

3716.
 (a) The board may employ an executive officer exempt from civil service and, subject to the provisions of law relating to civil service, clerical assistants and, except as provided in Section 159.5, other employees as it may deem necessary to carry out its powers and duties.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 12.

 Section 3772 of the Business and Professions Code is amended to read:

3772.
 (a)There is established in the State Treasury the Respiratory Care Fund. All collections from persons licensed or seeking to be licensed under this chapter shall be paid by the board into the fund after the report to the Controller at the beginning of each month of the amount and source of the collections. Moneys in the fund shall be available to the board, upon appropriation by the Legislature.

SEC. 12.SEC. 13.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.