Bill Text: CA SB352 | 2011-2012 | Regular Session | Amended

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Bill Title: Chiropractors.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-18 - Referred to Com. on B., P. & C.P. [SB352 Detail]

Download: California-2011-SB352-Amended.html

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BILL NUMBER: SB 352	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 11, 2012
	AMENDED IN SENATE  JANUARY 4, 2012

INTRODUCED BY   Senator Huff

                        FEBRUARY 15, 2011

   An act to add Sections 1006 and 1007 to the Business and
Professions Code, relating to chiropractors.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 352, as amended, Huff. Chiropractors.
   Existing law, the Chiropractic Act, enacted by initiative act,
provides for the licensure and regulation of chiropractors by the
State Board of Chiropractic Examiners. Under the act, a license
authorizes its holder to practice chiropractic as taught in
chiropractic schools or colleges but does not authorize its holder to
practice medicine, surgery, osteopathy, dentistry, or optometry.
   Existing law prohibits a chiropractor, among other healing arts
practitioners, from disseminating any form of public communications
containing a false, fraudulent, misleading, or deceptive statement
for the purpose of inducing the rendering of professional services,
as specified.
   This bill would specify that the practice of chiropractic does not
include the treatment  or diagnosis  of
hypersensitivity to foods, medications, environmental allergens, or
venoms, and would prohibit a chiropractor from advertising that he or
she provides or is able to provide those services, as specified. The
bill would specify that a violation of these provisions constitutes
a cause for discipline by the State Board of Chiropractic Examiners.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares the
following:
   (a) The law governing practitioners of chiropractic is an
initiative statute known as the Chiropractic Act that was originally
approved by the electorate on November 7, 1922.
   (b) The scope of practice authorized by the Chiropractic Act does
not extend beyond the scope of the term "chiropractic" as it was
understood and defined in 1922. In addition, the Chiropractic Act
prohibits a chiropractor from engaging in the practice of medicine.
   (c) As it was understood in 1922, the term "chiropractic" did not
include the treatment  or diagnosis  of
hypersensitivity to foods, medications, environmental allergens, or
venoms. Furthermore, those services constitute the practice of
medicine. Therefore, the Chiropractic Act does not authorize
licensees to provide those services.
  SEC. 2.  Section 1006 is added to the Business and Professions
Code, to read:
   1006.  (a) The practice of chiropractic does not include the
treatment  or diagnosis  of hypersensitivity to
foods, medications, environmental allergens, or venoms, including,
but not limited to, the use of laser therapy for those purposes.
   (b) A violation of this section shall constitute a cause for
discipline by the State Board of Chiropractic Examiners. For purposes
of this subdivision, the board shall have the same powers of
suspension, revocation, and discipline as authorized by the
initiative measure referred to in Section 1000.
  SEC. 3.  Section 1007 is added to the Business and Professions
Code, to read:
   1007.  (a) A person licensed by the State Board of Chiropractic
Examiners under the Chiropractic Act shall not advertise that he or
she provides or is able to provide the services described in Section
1006, unless that person holds another license under this division
that authorizes the person to provide those services.
   (b) For purposes of this section, "advertise" includes, but is not
limited to, the issuance of any card, sign, or device to any person,
or the causing, permitting, or allowing of any sign or marking on,
or in, any building or structure, or in any newspaper or magazine or
in any directory, or any printed matter whatsoever, with or without
any limiting qualification. It also includes business solicitations
communicated by radio or television broadcasting.
   (c) A violation of this section shall constitute a cause for
discipline by the State Board of Chiropractic Examiners. For purposes
of this subdivision, the board shall have the same powers of
suspension, revocation, and discipline as authorized by the
initiative measure referred to in Section 1000.
  SEC. 4.  The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.