SB 538: Naturopathic doctors.

(1)Existing law, the Naturopathic Doctors Act, provides for the licensure and regulation of naturopathic doctors by the Naturopathic Medicine Committee in the Osteopathic Medical Board of California. Existing law authorizes a naturopathic doctor to perform certain tasks, including physical and laboratory examinations for diagnostic purposes and to order diagnostic imaging studies, consistent with naturopathic training as determined by the committee. Under the act, a naturopathic doctor is authorized to dispense, administer, order, prescribe, furnish, or perform certain things, including health education and health counseling.

This bill would, instead, authorize a naturopathic doctor to perform certain tasks, consistent with the practice of naturopathic medicine, and would additionally authorize a naturopathic doctor to dispense, administer, order, prescribe, provide, or furnish devices and durable medical equipment consistent with the naturopathic training as determined by the committee.

(2)Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 designated schedules, with the most restrictive limitations generally placed on controlled substances classified in Schedule I, and the least restrictive limitation generally placed on controlled substances classified in ScheduleV.

Existing law states that nothing in the Naturopathic Doctors Act or any other law shall be construed to prohibit a naturopathic doctor from furnishing or ordering drugs when, among other requirements, the naturopathic doctor is functioning pursuant to standardized procedure, as defined, or protocol developed and approved, as specified, and the Naturopathic Medicine Committee has certified that the naturopathic doctor has satisfactorily completed adequate coursework in pharmacology covering the drugs to be furnished or ordered. Existing law requires that the furnishing or ordering of drugs by a naturopathic doctor occur under the supervision of a physician and surgeon. Existing law also authorizes a naturopathic doctor to furnish or order controlled substances classified in Schedule III, IV, or V of the California Uniform Controlled Substances Act, but limits this authorization to those drugs agreed upon by the naturopathic doctor and physician and surgeon as specified in the standardized procedure. Existing law further requires that drugs classified in Schedule III be furnished or ordered in accordance with a patient-specific protocol approved by the treating or supervising physician.

This bill would instead provide that, except as specified, nothing in the provisions governing naturopathic doctors or any other law shall be construed to prohibit a naturopathic doctor from administering, furnishing, ordering, or prescribing drugs and would make a conforming change to the scope of the certification duties of the Naturopathic Medicine Committee. The bill would delete certain provisions described above restricting the authority of naturopathic doctors to furnish or order drugs, including the requirements that the naturopathic doctor function pursuant to a standardized procedure, or furnish or order drugs under the supervision of a physician and surgeon for Schedule V controlled substances and for any drug approved by the federal Food and Drug Administration and labeled for prescription only, except chemotherapeutics, that is not classified. The bill would require the period of supervision of a naturopathic doctor for the administering, furnishing, ordering, or prescribing of Schedule III and Schedule IV drugs to be 12 months, after which the naturopathic doctor would be authorized to prescribe independently. The bill would waive from that supervision requirement a naturopathic doctor who has completed a residency program, as specified, or who has practiced for at least 12 months in another state where independent prescribing is within a naturopathic doctors scope of practice. drugs. The bill would authorize a naturopathic doctor to administer, furnish, order, or prescribe Schedule III and Schedule IV controlled substances pursuant to a standardized procedure or protocol and under the supervision of a physician and surgeon, as specified.

(3)Existing law, notwithstanding any provision of the Naturopathic Doctors Act, authorizes a naturopathic doctor to independently prescribe and administer certain things, including, among others, epinephrine to treat anaphylaxis.

This bill would additionally authorize a naturopathic doctor to independently prescribe and administer all legend drugs and administer, furnish, order, or prescribe Schedule V controlled substances after 12 months of supervision, residency, or practice in a state that allows a naturopathic doctor to prescribe medications independently. and any drug approved by the federal Food and Drug Administration and labeled for prescription only, except chemotherapeutics, that is not classified, after the completion of 12 months of physician and surgeon supervision, as specified, and would waive that supervision requirement for a naturopathic doctor who has completed a residency program, as specified, or who has a license in good standing and practiced for at least 12 months in another state where independent prescribing is within a naturopathic doctors scope of practice in that other state.