exact scope

[Guest guest]

This is the exact wording regarding our use of herbs in CA

 

> (b) To perform or prescribe the use of oriental massage, acupressure,

> breathing techniques, exercise, heat, cold, magnets, nutrition, diet,

> herbs, plant, animal, and mineral products, and dietary supplements to

> promote, maintain, and restore health. Nothing in this section

prohibits

> any person who does not possess an acupuncturist's license or another

> license as a healing arts practitioner from performing, or prescribing

> the use of any modality listed in this subdivision.

 

 

This is the exact wording of the CA healthcare freedom act. Note that

the first line below refers to services that do NOT require training or

credentials. While we might argue that our herbology does indeed

require these things, there is nothing in our law above to suggest the

legislature supports that position. exactly the opposite in the last

line, " Nothing in this section prohibits

> any person who does not possess an acupuncturist's license or another

> license as a healing arts practitioner from performing, or prescribing

> the use of any modality listed in this subdivision. "

 

© 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: [sections 2051-53 refers to the California Medical

Practice Act, which bans ANY diagnosis or treatment of any symptom or

condition by someone that is not licensed by the state]

 

(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.

 

 

 

Chinese Herbs

 

 

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