Providing exemptions from practice protection laws for complementary and alternative health care practitioners; requirements and prohibitions for individuals who provide complementary and alternative health care services; and enforcement of practice and title protection laws by the Department of Safety and Professional Services. (FE)

Under current law, DSPS, in conjunction with a number of credentialing boards attached to DSPS (credentialing boards), regulates and provides for the credentialing of various types of professions, including a number of health-care related professions. Current law contains numerous prohibitions against engaging in certain health-care related practices and against using titles associated with certain health-care related professions without a required credential. Also under current law, DSPS may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a required credential. If, after holding a public hearing, DSPS determines that a person has engaged in a practice or used a title without a required credential, DSPS may issue a special order enjoining the person from the continuation of the practice or use of the title or, in lieu of holding a public hearing, if DSPS has reason to believe that a person has engaged in a practice or used a title without a required credential, DSPS may petition the circuit court for a temporary restraining order or an injunction. Any person who violates such a special order, temporary restraining order, or injunction may be subject to certain civil or criminal penalties, and the attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture for violating a special order issued by DSPS.

This bill establishes certain requirements pertaining to CAHC practitioners, which are not specifically regulated or required to hold a specific credential under current law.

The bill requires a CAHC practitioner to provide to each client, during or as soon as practicable following the initial client contact, certain information in a plainly worded written statement, including certain information about the CAHC practitioner, a notice explaining the fact that the CAHC practitioner is not licensed, certified, or registered to provide CAHC services and the nature of the services to be provided, and a list of any credentials held by the CAHC practitioner.

The bill requires a CAHC practitioner, before providing CAHC services to a client, to obtain a written and signed acknowledgment from the client stating that the client has received and understands the information required to be provided as described above. The bill requires the CAHC practitioner to provide a copy of the acknowledgment to the client and retain a copy of it for at least two years after the last date the CAHC practitioner provides CAHC services to the client.

The bill prohibits a person from acting as a CAHC practitioner if the person is or was a credentialed health care professional and had his or her credential revoked or suspended, unless the credential was subsequently reinstated; if the person was convicted of a felony and has not completed his or her sentence, including any probation, parole, or extended supervision; or if the person is an individual found incompetent by a court.

The bill prohibits a CAHC practitioner from taking other specific actions, including taking certain actions with respect to prescription drugs, recommending the discontinuation of treatment that is prescribed by a health care professional, making a medical diagnosis using a medical term that is commonly used and understood in diagnosing in conventional western medicine, holding himself or herself out as a credentialed health care professional without a credential, or providing CAHC services to a minor without the informed consent of the minor's parent or legal guardian.

Finally, the bill eliminates the authority of DSPS to investigate and take other actions, including issuing a special order and petitioning a circuit court for a restraining order, with respect to whether a person has engaged in a practice or used a title without a credential. The bill instead provides that DSPS may only investigate and take those actions with respect to whether a person has violated provisions in the bill.

The bill provides that a CAHC practitioner does not violate any of the prohibitions against engaging in the practices of medicine and surgery, midwifery, nurse-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, cosmetology, and selling and fitting hearing aids; the prohibition against claiming to provide dietetic services; or the prohibitions against acting as a physician assistant or as an ambulance service provider, with respect to the provision of CAHC services to a client if the CAHC practitioner provides that client with the statement required under the bill and does not violate the prohibitions in the bill, described above.

For purposes of the bill, "CAHC practitioner" is defined as an individual, other than a health care professional acting within the scope of his or her practice, who provides CAHC services to a client in exchange for compensation or who offers to do so. The bill defines "CAHC services" as any health care practice or method of healing therapy or modality that is not prohibited under the bill from being provided by a CAHC practitioner.