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FAQ for Complementary and Alternative Health Consumers
This page will answer the most common consumer questions about SB-577.
Please email us
with any other questions and concerns that you would like to see addressed.
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After you finish reading this page, you can download
a formatted version of this FAQ sheet, a copy of the legislation,
a 7-page legal analysis and other documents.
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- My practitioner has formal credentials (certification)
in his/her healing art. Doesn't that mean s/he is licensed?
- How have alternative practitioners been able to practice
up until now?
- How does SB-577 change the law?
- What if I have a problem with a practitioner?
- What if I am also seeing a licensed practitioner?
Can I see both alternative and conventional practitioners at the same
time? Can I tell my licensed practitioner about my unlicensed practitioner
and vice versa?
1. My practitioner has formal credentials (certification)
in his/her healing art. Doesn't that mean s/he is licensed?
Practitioners who are certified have met certain requirements that
demonstrate their proficiency in their profession. Certification exams
are administered by the professions themselves, not by the State (for
example, a massage organization certifies massage practitioners). Whether
or not the state of California licenses a particular form of healing art
is a completely separate issue. Having a license simply means that a practitioner
can legally practice (within the scope of their license) in California.
A practitioner may be very well trained, experienced and certified in
their healing art but not have a license. In fact, most alternative therapies
are not licensed at all by California - for example, naturopathy, homeopathy,
reiki, ayurveda, craniosacral therapy, and many other therapies are not
licensed. However, with SB-577, unlicensed practitioners will be able
practice legally, subject to the requirements of the bill.
2. How have alternative practitioners been able to
practice up until now?
Most unlicensed alternative practitioners could have been found to
be in technical violation of the law up until the passage of SB-577, because
they might have been "practicing medicine without a license".
In fact, practitioners could have been prosecuted even if they had caused
no one harm and their practice had nothing to do with medicine in the
conventional sense. Because of these legal prohibitions, practitioners
have been inhibited from holding themselves out to the public and developing
professional standards. The laws have also discouraged many individuals
from training to become practitioners, slowing the development of alternative
healing professions. These prohibitions have also served to discourage
clients of alternative practitioners and practitioners themselves from
communicating with doctors.
3. How does SB-577 change the law?
SB-577 allows unlicensed practitioners to practice legally as long
as they do not perform certain medical activities or put their clients
at risk of serious harm. For example, unlicensed practitioners will, of
course, not be allowed to perform surgery, puncture the skin, harmfully
invade the body, prescribe controlled drugs, or recommend that clients
discontinue drugs that were prescribed by a licensed practitioner. They
also can't set fractures, treat wounds with electrotherapy, or treat or
diagnose with radiation. They also have to make absolutely clear to their
clients that they are not licensed physicians. They must disclose what
their training and experience is, and they must explain the rationale
behind their method of treatment. Additionally they must keep records
that show that they have disclosed this information to their clients.
4. What if I have a problem with a practitioner?
First of all, talk to your practitioner and try to work out any problem
with him or her. If that proves to be unsatisfactory, contact your practitioner's
professional association or certifying organization. Finally, SB-577 does
nothing to stop you from seeking relief for negligence or any other kind
of civil remedy against a practitioner.
Actually, SB-577 creates an atmosphere that will improve public safety.
First, SB-577 explicitly prohibits practitioners from treating clients
in a way that causes or creates risk of great physical or mental harm,
and it explicitly forbids certain medical activities. Second, it requires
practitioners to disclose their training and experience as well as the
rationale behind their treatment. Third, SB-577 will facilitate the development
and growth of professional societies of those therapies. These organizations
will be better able to improve training and monitoring of their practitioner
members.
As always, responsibility ultimately rests with you as a client or patient
for wisely choosing a professional who has good training, experience,
and skills. Talk to friends for referrals and ask for references. Check
to see if your alternative practitioner has been certified by a professional
membership society. Ask your practitioner any questions you have. Tell
your doctor that you are using an alternative or complementary therapy.
5. What if I am also seeing a licensed practitioner?
Can I see both alternative and conventional practitioners at the same
time? Can I tell my licensed practitioner about my unlicensed practitioner
and vice versa?
One of the main consequences of SB-577 is that it allows the practice
of alternative therapies. This means that your unlicensed alternative
practitioner will be able to operate freely and openly. We hope it will
also encourage and facilitate communication between alternative and complementary
practitioners and licensed physicians. We think that this is another way
in which SB-577 will enhance your health freedom and your safety. Ideally,
everyone should be monitored by a licensed medical practitioner. You should
consult this practitioner about any serious medical concerns you have.
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