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California Health Freedom Coalition: 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

 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

 (b) Notwithstanding the widespread utilization of complementary and alternative medical

(c) The Legislature intends, by enactment of this act, to allow access by Californian

 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 discloses to a client that he or

 (1) Conducts surgery or any other procedure on another person that punctures the skin or harmfully

 (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

(5) Willfully diagnoses and treats a physical or mental condition of any person under circumstances or

 (6) Sets fractures.

 (7) Treats lacerations or abrasions through electrotherapy.

 (8) (a)Holds out, states, indicates, advertises, or implies to a client or prospective client that he or she

       (b) A person who advertises services subject to this Section shall disclose in any such printed media or advertising that the person is not licensed by the state.

 2053.55 (a) A person who provides services to a client that are not described in Section 2053.5 shall first do all of the following:

 (1) Disclose to the client in plain written language understandable by the           client that he or she is not a licensed physician, that the treatment is alternative or complementary to healing arts services licensed by the state; and that the services to be provided are not licensed by the state.

 (2) Disclose to the client in plain written language understandable by the client the nature of the services to be provided; and the theory of treatment upon which the services are based;

 (3) Disclose to the client in plain written language understandable by the client the person's educational and other training, experience, and other qualifications regarding service to be provided;

(4) Obtain a written acknowledgment from the client that he/she has been provided with the information described in subsections (1), (2), and (3) of         this subdivision. The client shall be provided with a copy of the written             acknowledgment, which shall be maintained by the person providing the         service for (3) three years.

 (b) Nothing in this Section 2053.55 or in Section 2053.5 shall be construed to affect the scope of practice of licensed physicians and surgeons.

 (c) Nothing in this Section 2053.55 or in Section 2053.5 shall be construed to 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.

California Health Freedom Coalition

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