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Legality of Practicing Ayurveda in the State of California: Senate Bill 577 Approved!

With your help, the California legislature has now passed landmark health freedom legislation that guarantees health freedom not only for our state, but changes the health freedom climate nationwide.  The State of California has passed landmark health freedom legislation - Senate Bill 577. In fact, the bill passed the legislature without a single "no" vote.

Due to the recent signing of the new health freedom bill in California, trained practitioners of Ayurveda, including graduates of programs from the Ayurveda Healing Arts Institute can practice in California in 2003. California is the fifth largest "stand alone" economy in the world, and leads the nation in percentage (75%) of dollars spent on alternative medicine. That percentage is expected to increase with the signing of the new bill.  The bill states that California residents now can have access to "complementary and alternative health care practitioners who are not providing services that require medical training and credentials." In addition, the California legislature found that these "complementary and alternative services do not pose a known risk to the health and safety of residents." The bill was signed on September 24, 2002 by California governor Gray Davis and takes effect January 2003. You can view the bill at the website:

http://www.californiahealthfreedom.org/documents/out_bill.asp

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On September 23, 2002, Senate Bill 577 was signed into law by State of California Governor Grey Davis. As he said when he signed the bill, SB 577 "will ease access to alternative and complementary health care options for all Californians."  He also stated that "the bill provides adequate safeguards for California consumers and enables them to make an informed choice regarding their personal health care."

SB 577, authored by Senate Pro Tem John Burton (D-San Francisco), provides that a person is not in violation of certain provisions of the Medical Practice Act (that prohibit the practice of medicine to anyone who is not a licensed physician) as long as that person does not engage in certain specified medical acts.  It also requires specified disclosures to each client about practitioner training and method of treatment. Client receipt of disclosure materials must be acknowledged in writing.

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The California Health Freedom Coalition (CHFC - http://www.californiahealthfreedom.org), sponsor of the Bill, expects that SB 577 will change and improve the culture of health care in California by enhancing access to alternative forms of health care. Since the law also requires unlicensed alternative and complementary health care practitioners to provide basic information to consumers about themselves, their training, and their work, it also serves to enhance consumer safety.

SB577 will become effective January 1, 2003.

Source: http://www.californiahealthfreedom.org/documents/action_items.asp

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SB577 set out to change existing law that had prohibited persons who were not licensed physicians and surgeons from engaging in activities classified as the practice of medicine.  Now that the bill has been passed, complementary and alternative medicine (CAM) practitioners can offer their services. However, they still cannot:

1. Conduct surgery on a patient

2. Administer or prescribe X-rays

3. Prescribe drugs or controlled substances

4. Recommend discontinuing medication prescribed by a physician

5. Willfully diagnose or treat a person with a mental or physical condition that may worsen the condition

6. Set fractures

7. Treat lacerations or abrasions through electrotherapy

8. Indicate, advertise or imply that he or she is a physician or surgeon

Clinical Ayurvedic Specialists and Ayurvedic Practitioners (Ordained Ministers - Pastoral Counselors) do not perform the above services unless they also happen to be a licensed physician or other primary care provider.

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In addition, a California-based CAM practitioner must disclose to his or her client in a written statement the following: that he or she is not a licensed physician; that the therapy is an alternative to those licensed by the state; and that CAM therapies are not licensed by the state.  Also, the client must state in writing that he or she has been provided with the above information prior to treatment.

SB 577 was partially based on the fact that, according to a study published by the New England Journal of Medicine, up to 5 million Californians go to CAM practitioners.

Source: http://www.naturalproductsinsider.com/hotnews/2ah2122830.html

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SB 577 amends current state legislation that classifies the administration of many alternative health care services (including massage) as a technical violation of the California Medical Practice Act. Specifically, the act states that:

"Any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system or mode of treating the sick or afflicted in this state, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition of any person, without having at the time of so doing a valid, unrevoked, or unsuspended certificate as provided in this chapter, or without being authorized to perform such act pursuant to a certificate obtained in accordance with some other provision of law, is guilty of a misdemeanor."

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SB 577 makes an addition to the existing Business and Professions Code:

Section 2053.5 Notwithstanding any other provision of law, a person who discloses to a client that he or she is not a licensed physician shall not be in violation of Section 2051, 2052, or 2053 unless that person does any of the following:

(a) Conducts surgery or any other procedure on another person that punctures the skin or harmfully invades the body.

(b) Administers or prescribes x-ray radiation to another person.

(c) Prescribes or administers legend drugs or controlled substances to another person.

(d) Recommends the discontinuance of legend drugs or controlled substances prescribed by an appropriately licensed practitioner.

(e) Willfully diagnoses and treats a physical or mental condition of any person under circumstances or conditions that cause or create great bodily harm, serious physical or mental illness, or death.

(f) 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.

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Supporters of SB 577 say the bill will allow the thousands of Ayurvedic practitioners, herbalists, massage therapists, naturopaths, homeopaths and other unlicensed alternative health practitioners in the state to provide their healing services without the threat of punitive legal action. Opponents claim that bill will enable unqualified or otherwise suspect individuals to operate under the guise of legitimate health care.

Source: http://www.massagetoday.com/archives/2002/03/02.html

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The Actual Text of 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.

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(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.

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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.

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(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.

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(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:

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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.

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(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.

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(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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