SB 198

This bill does the following: 1) establishes certain requirements and

prohibitions for complementary and alternative health care (CAHC) practitioners;

2) provides exemptions for CAHC practitioners from prohibitions against acting

without certain health-care related licenses, certificates, and other credentials if

they comply with provisions in the bill; and 3) modifies the authority of the

Department of Safety and Professional Services (DSPS) to investigate and take

action against individuals who practice or use a title without a license, certificate,

or other credential.

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