SB 492

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, certifications, and other credentials if

they comply with provisions in the bill; and 3) provides the Department of Safety and

Professional Services with authority to investigate and take action against a CAHC

practitioner for violating a provision in the bill.

Under current law, DSPS, in conjunction with a number of credentialing boards

attached to DSPS, regulates and provides for the credentialing of various types of

health-care 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.

The 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, before

first providing CAHC services to the client, certain information in a plainly worded

written statement, including the following: 1) information about the CAHC

practitioner; 2) a notice explaining that the CAHC practitioner is not practicing

under a health-care related credential granted by the state; 3) information about the

nature of the service to be provided; and 4) a list of any degrees, training, experience,

or other qualification that the CAHC practitioner has.

The bill requires a CAHC practitioner, before providing CAHC services to a

client, to obtain a written and signed acknowledgement from the client stating that

the client has received the information required to be provided. The bill requires the

CAHC practitioner to provide a copy of the acknowledgement to the client and to

retain a copy of it for at least two years.

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 certain felonies and has not completed his or her sentence; or if the

person is an individual found incompetent by a court.

The bill also prohibits a CAHC practitioner from taking other specific actions,

including the following: 1) taking certain actions with respect to prescription drugs;

2) recommending the discontinuation of treatment that is prescribed by a health care

professional; 3) making a diagnosis of a medical disease; or 4) holding himself or

herself out as a credentialed health care professional without a credential.

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,