Osteopathic physicians and surgeons: unauthorized practice: unauthorized use of titles., the official text

An act to amend Section 2053.5 of, and to add Section 2453.3 to, the Business and Professions Code, relating to the healing arts.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Medical Practice Act, establishes the Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. Existing law establishes the Osteopathic Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of osteopathic physicians and surgeons and requires the Osteopathic Medical Board of California to enforce the Medical Practice Act with respect to its licensees, consistent with the Osteopathic Act, as specified. A violation of the Medical Practice Act is a crime.
Existing law generally makes the unauthorized practice of medicine a crime. Existing law makes an exception to that criminal provision if a person, before performing services, complies with certain disclosure requirements. Existing law excludes from that exception a list of specified services, including, among others, conducting surgery or any other procedure on another person that punctures the skin or harmfully invades the body.
This bill would add the provision of osteopathic manipulative treatment, as defined, to that list of specifically excluded services. By excluding those services from the exception to the unauthorized practice of medicine, the bill would expand the scope of a crime, thereby imposing a state-mandated local program.
Existing law, with specified exceptions, makes it a misdemeanor for a person to use the words “doctor” or “physician,” the letters or prefix “Dr.,” the initials “M.D.” or “D.O.,” or any other terms or letters indicating or implying that the person is a physician and surgeon, physician, surgeon, or a practitioner under the Medical Practice Act or other law, or to represent or hold themselves out as a physician and surgeon, physician, surgeon, or practitioner under the act or other law without having a valid, unrevoked, and unsuspended certificate as a physician and surgeon under the act. Existing law prohibits a person from using those terms or letters or any other terms or letters indicating or implying that the person is a physician and surgeon, physician, surgeon, or practitioner in a health care setting that would lead a reasonable patient to determine that the person is a licensed “M.D.” or “D.O.”
This bill would also make it a misdemeanor for a person who is not licensed by the Osteopathic Medical Board of California to use the word “osteopath,” the phrase “doctor of osteopathy,” or the initials “D.O.,” or to indicate or imply that they are a licensed osteopath, licensed doctor of osteopathy, or physician and surgeon licensed by the board when offering or providing a service to treat a medical or physical condition. By creating a new crime, the bill would impose a state-mandated local program.
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.

The people of the State of California do enact as follows:

SECTION 1.
Section 2053.5 of the Business and Professions Code is amended to read:
2053.5.
(a) Notwithstanding any other provision of law, a person who complies with the requirements of Section 2053.6 shall not be in violation of Section 2051 or 2052 unless that person does any of the following:
(1) Conducts surgery or any other procedure on another person that punctures the skin or harmfully invades the body.
(2) Administers or prescribes x-ray radiation to another person.
(3) Prescribes or administers legend drugs or controlled substances to another person.
(4) Recommends the discontinuance of legend drugs or controlled substances prescribed by an appropriately licensed practitioner.
(5) Willfully diagnoses and treats a physical or mental condition of any person under circumstances or conditions that cause or create a risk of great bodily harm, serious physical or mental illness, or death.
(6) Sets fractures.
(7) Treats lacerations or abrasions through electrotherapy.
(8) Provides osteopathic manipulative treatment. For purposes of this paragraph, “osteopathic manipulative treatment” means the therapeutic application of manually guided forces to alleviate somatic dysfunction.
(9) Holds out, states, indicates, advertises, or implies to a client or prospective client that they are a physician, a surgeon, or a physician and surgeon.
(b) A person who advertises any services that are not unlawful under Section 2051 or 2052 pursuant to subdivision (a) shall disclose in the advertisement that they are not licensed by the state as a healing arts practitioner.

SEC. 2.
Section 2453.3 is added to the Business and Professions Code, to read:
2453.3.
(a) A person who is not licensed by the board shall not use the word “osteopath,” use the phrase “doctor of osteopathy,” use the initials “D.O.,” or indicate or imply that they are a licensed osteopath, licensed doctor of osteopathy, or physician and surgeon licensed by the board when offering or providing a service to treat a medical or physical condition.
(b) A person who violates subdivision (a) is guilty of a misdemeanor.

SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.