Senate Bill No. 1691

 
CHAPTER 742

 
An act to add Section 2234.1 to the Business and Professions Code,relating to healing arts.
[Approved by Governor September 24, 2004. Filed with Secretary of State September 24, 2004.]
LEGISLATIVE COUNSEL’S DIGEST SB 1691, Vasconcellos. Physicians and surgeons: alternative or complementary medicine.

 
Existing law, the Medical Practice Act, creates the Medical Board of
California and makes it responsible through its Division of Licensing
and Medical Quality for, respectively, licensing and regulating
physicians and surgeons. Under the act, disciplinary action may be taken
against a physician and surgeon for engaging in unprofessional conduct,
which includes gross negligence, repeated negligent acts, and
incompetence.

 
This bill would provide that a physician and surgeon is not subject to
discipline for these particular aspects of unprofessional conduct solely
on the basis that the treatment or advice he or she rendered to a patient
is alternative or complementary medicine, as defined, if specified
conditions are satisfied.

 
The people of the State of California do enact as follows:
SECTION 1. Section 2234.1 is added to the Business and
Professions Code, to read:

 
2234.1. (a) A physician and surgeon shall not be subject to
discipline pursuant to subdivision (b), (c), or (d) of Section 2234 solely
on the basis that the treatment or advice he or she rendered to a patient
is alternative or complementary medicine if that treatment or advice
meets all of the following requirements:

 
(1) It is provided after informed consent and a good-faith prior
examination of the patient, and medical indication exists for the
treatment or advice, or it is provided for health or well-being.

 
(2) It is provided after the physician and surgeon has given the patient
information concerning conventional treatment and describing the
education, experience, and credentials of the physician and surgeon
related to the alternative or complementary medicine he or she practices.