SB 280

Under current law, a person must have a license, certificate, or permit (license)

to practice medicine and surgery, midwifery, professional nursing, chiropractic,

dentistry, perfusion, respiratory care, physical therapy, podiatry, occupational

therapy, optometry, psychology, psychotherapy, clinical social work, marriage and

family therapy, professional counseling, pharmacy, speech pathology, audiology,

acupuncture, barbering or cosmetology, aesthetics, electrology, manicuring, and

selling and fitting hearing aids. Additionally, a license is required under current law

to practice as a physician assistant or to act as an ambulance service provider.

This bill allows a person who provides a complimentary and alternative health

service (CAHS provider) to practice any of the above activities without a license as

long as they do not do any of the following:

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