Naturopathic Doctors Act., the official text

An act to amend Sections 3621, 3680, and 3686 of, to add Sections 3636.1, 3638, and 3661.5 to, and to repeal Section 3633.1 of, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Naturopathic Doctors Act, which is repealed on January 1, 2027, establishes the California Board of Naturopathic Medicine within the Department of Consumer Affairs to license and regulate naturopathic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, 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 people of the State of California do enact as follows:

SECTION 1.
It is the intent of the Legislature to work with stakeholders and the California Board of Naturopathic Medicine to evaluate opportunities to authorize naturopathic doctors to provide additional services to patients for which they are trained, educated, and qualified and that will expand access to safe, holistic, and preventive care for California’s consumers.

SEC. 2.
Section 3621 of the Business and Professions Code is amended to read:
3621.
(a) The board shall consist of nine members. Seven members shall be appointed by the Governor, one public member shall be appointed by the Senate Committee on Rules, and one public member shall be appointed by the Speaker of the Assembly. Members of the board shall include five members who are California-licensed naturopathic doctors, two members who are California-licensed physicians and surgeons, and two public members.
(b) (1) A member of the board shall be appointed for a four-year term that shall expire four years after the date of the appointment. A person shall not serve as a member of the board for more than two consecutive terms. A member shall hold office until the appointment and qualification of the member’s successor, or until one year from the expiration of the term for which the member was appointed, whichever first occurs. Vacancies shall be filled by appointment for unexpired terms.
(2) Notwithstanding paragraph (1), to ensure staggered terms, the terms for a member appointed by the Governor after the effective date of the act adding this subdivision shall be as follows:
(A) Two members shall serve an initial term of two years.
(B) Two members shall serve an initial term of three years.
(C) Three members shall serve an initial term of four years.
(D) Thereafter, all appointments shall be for four-year terms.
(c) (1) A public member of the board shall be a resident of this state for at least five years preceding the public member’s appointment.
(2) A person shall not be appointed as a public member if the person or the person’s immediate family in any manner owns an interest in a college, school, or institution engaged in naturopathic education, or the person or the person’s immediate family has an economic interest in naturopathy or has any other conflict of interest. “Immediate family” means the public member’s spouse, domestic partner, parents, children, or children’s spouses or domestic partners.
(d) Each member of the board shall receive a per diem and expenses as provided in Section 103.
(e) The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
(f) Each appointing authority has power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106.

SEC. 3.
Section 3633.1 of the Business and Professions Code is repealed.

SEC. 4.
Section 3636.1 is added to the Business and Professions Code, to read:
3636.1.
(a) The board may accept the voluntary cancellation of a naturopathic doctor’s license upon the written request of the licensee, provided that the cancellation is not in lieu of an administrative enforcement action.
(b) A license that has been voluntarily canceled under this section shall be deemed surrendered and shall not be reinstated. A former licensee who wishes to resume practice shall be required to apply for a new license and meet all current requirements for licensure.
(c) The board may adopt regulations as necessary to implement this section, including the process for submitting a written request for voluntary cancellation.

SEC. 5.
Section 3638 is added to the Business and Professions Code, to read:
3638.
(a) Any naturopathic doctor who as a sole proprietor, or in a partnership, group, or professional corporation, desires to practice under any name that would otherwise be a violation of Section 3661.5 may practice under that name if the proprietor, partnership, group, or corporation obtains and maintains in current status a fictitious-name permit issued by the board, under the provisions of this section.
(b) The board shall issue a fictitious-name permit authorizing the holder thereof to use the name specified in the permit in connection with their practice if the division or the board finds to its satisfaction that:
(1) The applicant or applicants or shareholders of the professional corporation hold valid and current licenses as naturopathic doctors.
(2) The professional practice of the applicant or applicants is wholly owned and entirely controlled by one or more naturopathic doctors, except as otherwise permitted by law.
(3) The name under which the applicant or applicants propose to practice is not deceptive, misleading, or confusing.
(c) Each permit shall be accompanied by a notice that shall be displayed in a location readily visible to patients and staff. The notice shall be displayed at each place of business identified in the permit.
(d) This section shall not apply to licensees who contract with, are employed by, or are on the staff of, any clinic licensed by the State Department of Health Care Services under Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code or any naturopathic medical education program approved by the board, or a faculty practice plan affiliated with that program.
(e) Fictitious-name permits issued under this section shall be subject to renewal and shall expire concurrently with the license of the naturopathic doctor, unless otherwise specified by the board by regulation.
(f) The board may revoke or suspend any permit issued if it finds that the holder or holders of the permit are not in compliance with the provisions of this section or any regulations adopted pursuant to this section. Proceedings to revoke or suspend a fictitious-name permit shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
(g) A fictitious-name permit issued to any licensee in a sole practice is automatically revoked in the event the licensee’s certificate to practice naturopathic medicine is revoked.
(h) The board may delegate to the executive officer, or to another official of the board, its authority to review and approve applications for fictitious-name permits and to issue those permits.
(i) The board shall adopt and administer regulations to implement this section, including, but not limited to, specifying appropriate naturopathic medical name designations and standards to ensure that the public is not misled regarding the nature of services provided.

SEC. 6.
Section 3661.5 is added to the Business and Professions Code, to read:
3661.5.
The use of any fictitious, false, or assumed name, or any name other than their own by a licensee either alone, in conjunction with a partnership or group, or as the name of a professional corporation, in any public communication, advertisement, sign, or announcement of their practice without a fictitious-name permit obtained pursuant to Section 3638 constitutes unprofessional conduct. This section shall not apply to either of the following:
(a) Licensees who are employed by a partnership, a group, or a professional corporation that holds a fictitious name permit.
(b) Licensees who contract with, are employed by, or are on the staff of, any clinic licensed by the State Department of Health Services under Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.

SEC. 7.
Section 3680 of the Business and Professions Code is amended to read:
3680.
(a) The application fee for a doctor of naturopathic medicine shall be no more than five hundred dollars ($500) and may be increased to not more than six hundred dollars ($600).
(b) The initial license fee shall be one thousand dollars ($1,000) and may be increased to not more than one thousand two hundred dollars ($1,200).
(c) (1) The renewal fee for an active license shall be one thousand dollars ($1,000) and may be increased to not more than one thousand two hundred dollars ($1,200).
(2) The renewal fee for an inactive license shall be one-half of the current renewal fee for an active license.
(d) The late renewal fee for a license shall be two hundred twenty-five dollars ($225).
(e) The fee for processing fingerprint cards shall be the current fee charged by the Department of Justice.
(f) The fee for a duplicate or replacement license shall be thirty-eight dollars ($38).
(g) The fee for a certified license verification shall be thirty dollars ($30).
(h) The application fee for a fictitious name permit shall be one hundred dollars ($100).
(i) The renewal fee for a fictitious name permit shall be fifty dollars ($50).

SEC. 8.
Section 3686 of the Business and Professions Code is amended to read:
3686.
This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.