Ca "Lyme" Bill
From: Rita Stanley (rlstanleyNOSPAM_at_comcast.net)
Date: 03/29/05
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Date: Tue, 29 Mar 2005 14:25:54 -0800
AW posted this "Lyme bill" in another thread; I've copied it below. If this
is wrong, please correct, of course.
I would like to know about this bill.
The first couple questions I had were:
What has this got to do with Lyme disease? Huh?
Why is this being passed as a Lyme bill?
Who got this thing going? What organizations, sponsers? Who's responsbile?
Accountable?
This sounds like just about anything goes.............
Where are the controls to protect the patients in this? They don't die or
become seriously debilitated - that's it? That's IT? That's protection?
>
> BILL NUMBER: AB 592 INTRODUCED
> BILL TEXT
>
>
> INTRODUCED BY Assembly Member Yee
>
> FEBRUARY 17, 2005
>
> An act to amend Section 2234.1 of the Business and Professions
> Code, relating to healing arts.
>
>
> LEGISLATIVE COUNSEL'S DIGEST
>
>
> AB 592, as introduced, Yee. Physicians and surgeons.
> 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 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. Existing law provides 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.
> This bill would also 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 innovative care or conforms to a different
> school of medical thought, if those conditions are satisfied.
> Vote: majority. Appropriation: no. Fiscal committee: no.
> State-mandated local program: no.
>
>
> THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
>
>
> SECTION 1. Section 2234.1 of the Business and Professions Code
> is amended 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 , or is
> innova tive care or conforms to a different school of
> medical thought, 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 ,
> innovative care, or different school of medical thought that he
> or she practices.
> (3) It In the case of alternative or
> complimentary medicine, it does not cause a delay in, or
> discourage traditional diagnosis of, a condition of the patient.
> (4) It does not cause death or serious bodily injury to the
> patient.
> (b) For purposes of this section, "alternative or complementary
> medicine" means medicine, "
> " innovative care, " or
> " conforming to a different school of medical thought
> " mean those health care methods of
> diagnosis, treatment, or healing that are not generally used but that
> provide a reasonable potential for therapeutic gain in a patient's
> medical condition that is not outweighed by the risk of the health
> care method.
>
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