Complementary and alternative health services and providing a penalty

1. Puncture the skin, except by pricking a finger for purposes of blood screening.

2. Prescribe or administer X-ray services.

3. Prescribe or dispense a prescription drug, a controlled substance, or other device that may only be prescribed or dispensed by a licensed health care provider.

4. Perform a chiropractic adjustment or manipulation of joints or a spine.

5. Recommend that a patient discontinue treatment that is prescribed by a licensed health care provider.

6. Make a specific diagnosis using medical terms that are used in conventional western medicine.

This bill defines a complimentary and alternative health service as any health care practice or method or healing therapy or modality that is not one of the prohibited acts listed above and that is provided by an individual who is not licensed to provide the health care practice, healing therapy, or modality, or method. Under this bill, if a CAHS provider does one of the prohibited acts listed above, he or she is subject to any applicable penalties for unauthorized practice. Additionally, a person who suffers an injury due to a CAHS provider doing one of the prohibited acts, may sue the CAHS provider and may recover treble damages and costs, including attorney fees.

Under this bill, before providing a complementary and alternative health service for a fee, a CAHS provider must provide a consumer with written information that contains the CAHS provider's contact information; the fact that the CAHS provider is not licensed as a health care provider; a description of the complementary and alternative health service that is to be provided; and the CAHS provider's education or other qualifications that relate to the service that is to be provided. The CAHS provider must also obtain written acknowledgment from the consumer that he or she received the required written information and post a similar written statement in a place that is visible to consumers. This bill also requires a CAHS provider to update the required written information to reflect any relevant changes and to obtain a new written acknowledgment from a consumer before performing a complementary and alternative health service after the written information is changed.

Under the bill, a CAHS provider who fails to provide a consumer with the required written information or fails to obtain the consumer's written acknowledgment may be subject to a forfeiture. The Department of Health Services may also pursue a temporary restraining order or permanent injunction against the offending CAHS provider.