California 2015-2016 Regular Session Status: Passed Senate

SB 538 — Naturopathic doctors.

Last action — From Assembly without further action.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

(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. 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 authorize a naturopathic doctor to independently administer, furnish, order, or prescribe Schedule V controlled substances 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 doctor's scope of practice in that other state.

Bill Text

Action History

  1. From Assembly without further action.

  2. Read third time. Refused passage. (Ayes 20. Noes 28. Page 6584.)

  3. Read second time. Ordered to third reading.

  4. Read second time and amended. Ordered to second reading.

  5. From committee: Do pass as amended. (Ayes 11. Noes 1.) (August 10).

  6. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  7. August 3 set for second hearing canceled at the request of author.

  8. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  9. August 26 set for first hearing. Failed passage in committee. Reconsideration granted.

  10. August 19 hearing postponed by committee.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 4.) (June 30).

  14. Referred to Com. on B. & P.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 21. Noes 9. Page 1215.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 5. Noes 2. Page 1101.) (May 26).

  19. Joint Rule 62(a) suspended.

  20. Set for hearing May 26.

  21. May 18 set for first hearing canceled at the request of author.

  22. Set for hearing May 18.

  23. May 11 hearing postponed by committee.

  24. Set for hearing May 11.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 794.) (April 27). Re-referred to Com. on APPR.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  27. Set for hearing April 27.

  28. April 13 set for first hearing canceled at the request of author.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  30. Set for hearing April 13.

  31. Referred to Com. on B., P. & E.D.

  32. From printer. May be acted upon on or after March 29.

  33. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Block · Cosponsor
  • Hueso · Primary
  • Nazarian · Cosponsor
  • Mark Stone · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 7 voted No

Sponsors (1)

  • Hueso

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 538 Hueso Senate Third Reading By JONES

Failed 20 Yea · 28 Nay · 32 Other
Party YeaNayPresentNot Voting
Unaffiliated 1726027
Democratic 1103
Republican 2102
Total 2028032
% of votes cast 25%35%0%40%
How each member voted (80)
Member Party Vote
Achadjian — Not Voting
Alejo — Not Voting
Bloom — Not Voting
Brown — Nay
Brough — Nay
Jones-Sawyer — Not Voting
Linder — Nay
Low — Yea
Mathis — Nay
Melendez — Nay
O'Donnell — Nay
Ridley-Thomas — Not Voting
Steinorth — Nay
Wagner — Yea
Wilk — Nay
Cooper — Not Voting
Eggman — Yea
Atkins — Yea
Gatto — Nay
Salas — Nay
Gomez — Yea
Gordon — Nay
Harper — Nay
Lopez — Nay
Holden — Not Voting
Kim — Nay
Burke — Yea
Campos — Nay
Chang — Nay
Bonilla — Not Voting
Levine — Yea
Gray — Not Voting
Maienschein — Yea
Mayes — Not Voting
McCarty — Nay
Medina — Not Voting
Baker — Nay
Bigelow — Nay
Chiu — Not Voting
Chu — Yea
Chávez — Not Voting
Cooley — Nay
Dababneh — Nay
Daly — Not Voting
Dodd — Yea
Mullin — Not Voting
Nazarian — Yea
Obernolte — Not Voting
Olsen — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Not Voting
Santiago — Not Voting
Thurmond — Not Voting
Ting — Yea
Waldron — Not Voting
Weber — Not Voting
Williams — Yea
Chau — Not Voting
Wood — Not Voting
Frazier — Nay
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Lorena Gonzalez — Not Voting
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Nay
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Dahle, Megan Republican Not Voting
Gallagher, James Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 1 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 8107
Democratic 1001
Republican 2000
Total 11108
% of votes cast 55%5%0%40%
How each member voted (20)
Member Party Vote
Bloom — Not Voting
Quirk — Yea
Eggman — Yea
Bonilla — Yea
Chang — Not Voting
Chu — Not Voting
Daly — Not Voting
Holden — Yea
Bigelow — Nay
Obernolte — Yea
Santiago — Not Voting
Wagner — Yea
Weber — Not Voting
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Not Voting
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Reconsideration.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Quirk — Yea
Rendon — Yea
Wood — Yea
Eggman — Yea
Gomez — Yea
Gordon — Yea
Chang — Yea
Holden — Yea
Wagner — Yea
Weber — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Failed 7 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 6502
Democratic 0002
Republican 1100
Total 7604
% of votes cast 41%35%0%24%
How each member voted (17)
Member Party Vote
Bloom — Not Voting
Holden — Yea
Rendon — Not Voting
Wagner — Nay
Eggman — Yea
Gomez — Yea
Chang — Nay
Bigelow — Nay
Quirk — Nay
Weber — Nay
Wood — Yea
Gordon — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Gallagher, James Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7402
Republican 1000
Total 8402
% of votes cast 57%29%0%14%
How each member voted (14)
Member Party Vote
Bloom — Not Voting
Holden — Yea
Eggman — Yea
Campos — Not Voting
Bonilla — Yea
Gatto — Nay
Chang — Nay
Baker — Nay
Dodd — Yea
Mullin — Yea
Ting — Yea
Wilk — Nay
Wood — Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 21 Yea · 9 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 19909
Democratic 2001
Total 219010
% of votes cast 53%23%0%25%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Leyva — Yea
Pavley — Yea
Wieckowski — Not Voting
Hill — Yea
Leno — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Glazer — Yea
Cannella — Nay
Hall — Not Voting
Hancock — Yea
Hernandez — Yea
Hertzberg — Not Voting
Hueso — Yea
Huff — Not Voting
Beall — Yea
Block — Yea
Lara — Not Voting
Liu — Yea
Mendoza — Not Voting
Monning — Not Voting
Moorlach — Nay
Morrell — Not Voting
Nielsen — Nay
Pan — Nay
Roth — Yea
Vidak — Nay
Wolk — Not Voting
Fuller — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Yea
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Lara — Yea
Beall — Yea
Hill — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Nay

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 538 do?
(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. 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 authorize a naturopathic doctor to independently administer, furnish, order, or prescribe Schedule V controlled substances 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 doctor's scope of practice in that other state.
Who sponsors SB 538?
SB 538 is sponsored by Block, Hueso, Nazarian, and Mark Stone.
What is the current status of SB 538?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 538?
Track SB 538 free on One Click Politics — get push/email alerts when it moves.

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