CA SB 1303

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Description

Existing law, the Naturopathic Doctors Act, which is repealed on January 1, 2027, establishes the California Board of Naturopathic Medicine within the Department of Consumer Affairs to license and regulate naturopathic doctors. The act requires the board to consist of 9 members, appointed by the Governor, Speaker of the Assembly, or the Senate Committee on Rules, as specified, and requires each member of the board be appointed to a 4-year term. This bill would instead repeal those provisions on January 1, 2031. The bill would specify that the 4-year term expires 4 years after the date of the appointment. To ensure staggered terms, the bill would require that specified members appointed by the Governor after the effective date of this bill be appointed for prescribed term lengths and thereafter would require all appointments be for four-year terms. The bill would also make nonsubstantive changes to the provisions specifying the appointment authorities for the board members. Existing law sets forth fees associated with the application and renewal of a license, including a renewal fee of $1,000 and authorizing an increase to not more than $1,200. This bill would, instead, specify that this fee range applies to the renewal of an active license and would require the renewal fee for an inactive license to be one-half of the current renewal fee for an active license. The bill would authorize the board to accept the voluntary cancellation of a naturopathic doctor's license, as prescribed, upon the written request of the licensee, provided that the cancellation is not in lieu of an administrative enforcement action. Existing law requires an applicant to have received a degree in naturopathic medicine from an approved naturopathic medical school, as specified. Existing law requires the board to approve a naturopathic medical school program that is accredited by the Council on Naturopathic Medical Education (CNME) or another federally recognized accrediting body if the program meets specified admission and program requirements. This bill would, instead, require the board to approve a program that is accredited by either the CNME or a substantially equivalent accreditor, or that is housed in an accredited institution and meets standards substantially equivalent to those required by CNME, if the program meets the above-described admission and program requirements and other specified requirements. Existing law, the Medical Practice Act, makes it a crime to practice or hold oneself out as practicing medicine, as specified, without having a certificate to do so. Under existing law, providing services other than those specified is not a violation of that crime if the person providing those services discloses that they are not a licensed physician, among other things, and obtains a written acknowledgment from the client before providing those services. The Naturopathic Doctors Act makes it a crime to claim to be a naturopathic doctor without a valid license under the act but does not restrict use of the title "naturopath." The Naturopathic Doctors Act also does not limit activity otherwise allowed by law, including the practice of naturopathy, and authorizes an unlicensed person who engages in specified activities to represent that they "practice naturopathy," if they comply with the above-described provisions of the Medical Practice Act. This bill would revise and recast those provisions. Specifically, the bill would make it a crime to practice or hold oneself out as practicing naturopathic medicine, as specified, without having a license to do so. The bill would specify that engaging in activity that is otherwise allowed by law or using the title "naturopath" is a not a violation of this crime if the person complies with the above-described provisions of the Medical Practice Act and discloses they are not a naturopathic doctor, as provided. By establishing a new crime, this bill would impose a state-mandated local program. Existing law, the Medical Practice Act, prohibits use of any fictitious, false, or assumed name by a physician and surgeon or any doctor of podiatric medicine, as specified, in any public communication, advertisement, sign, or announcement of a practice without a fictitious-name permit. Existing law requires the Medical Board of California or the Division of Licensing to issue a fictitious-name permit if the applicant for the permit satisfies certain conditions, including having a name that includes specified designations. This bill would prohibit the use of any fictitious, false, or assumed name by a naturopathic doctor, as specified, in any public communication, advertisement, sign, or announcement of a practice without a fictitious-name permit. The bill would require the California Board of Naturopathic Medicine to issue a fictitious-name permit if the applicant for the permit satisfies certain conditions. The bill would require the application fee for a fictitious name permit to be $100 and would require the renewal fee for a fictitious-name permit to be $50. The Naturopathic Doctors Act authorizes the board to grant a license to an applicant who meets specified requirements, but who graduated before 1986, and passed a state or Canadian Province naturopathic licensing examination, as specified. The act requires that applications under this provision be received no later than December 31, 2007. This bill would repeal those provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.