Bill Text: CA SB352 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Chiropractors.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-18 - Referred to Com. on B., P. & C.P. [SB352 Detail]

Download: California-2011-SB352-Introduced.html

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BILL NUMBER: SB 352	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Huff

                        FEBRUARY 15, 2011

   An act to amend Section 650.3 of the Business and Professions
Code, relating to chiropractors.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 352, as introduced, Huff. Chiropractors.
   Existing law provides for the licensure and regulation of
chiropractors by the State Board of Chiropractic Examiners. Existing
law authorizes a person to participate in or operate a group
advertising and referral service for chiropractors under specified
circumstances.
   This bill would make nonsubstantive, technical changes to those
provisions.
   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 650.3 of the Business and Professions Code is
amended to read:
   650.3.  (a) Notwithstanding  the provisions of 
Section 650 or any other provision of law, it shall not be unlawful
for a person licensed pursuant to the Chiropractic Act, or any other
person, to participate in or operate a group advertising and referral
service for chiropractors if all of the following conditions are
met:
   (1) Patient referrals by the service are the result of patient
initiated responses to service advertising.
   (2) The service advertises, if at all, in conformity with Section
651.
   (3) The service does not employ a solicitor.
   (4) The service does not impose a fee on the member chiropractors
that is dependent upon the number of referrals or amount of
professional fees paid by the patient to the chiropractor.
   (5) Participating chiropractors charge no more than their usual
and customary fees to any patient referred.
   (6) The service registers with the State Board of Chiropractic
Examiners, providing its name and address.
   (7) The service files with the State Board of Chiropractic
Examiners a copy of the standard form contract that regulates its
relationship with member chiropractors, which contract shall be
confidential and not open to public inspection.
   (8) If more than 50 percent of its referrals are made to one
individual, association, partnership, corporation, or group of three
or more chiropractors, the service discloses that fact in all public
communications, including, but not limited to, communication by means
of television, radio, motion picture, newspaper, book, or list or
directory of healing arts practitioners.
   (b) The State Board of Chiropractic Examiners may adopt
regulations necessary to enforce and administer this section.
   (c) The State Board of Chiropractic Examiners or 10 individual
licensed chiropractors may petition the superior court of any county
for the issuance of an injunction restraining any conduct 
which   that  constitutes a violation of this
section.
   (d) It is unlawful and shall constitute a misdemeanor for a person
to operate a group advertising and referral service for
chiropractors without providing its name and address to the State
Board of Chiropractic Examiners.
   (e) It is the intent of the Legislature in enacting this section
not to otherwise affect the prohibitions provided in Section 650. The
Legislature intends to allow the pooling of resources by
chiropractors for the purpose of advertising.
   (f) This section shall not be construed in any manner 
which   that  would authorize a service to engage
in the practice of chiropractic.