Gregg Hart

Existing law, the Medical Practice Act, establishes the Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. Existing law establishes the Osteopathic Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of osteopathic physicians and surgeons and requires the Osteopathic Medical Board of California to enforce the Medical Practice Act with respect to its licensees, consistent with the Osteopathic Act, as specified. A violation of the Medical Practice Act is a crime.

Existing law generally makes the unauthorized practice of medicine a crime. Existing law makes an exception to that criminal provision if a person, before performing services, complies with certain disclosure requirements. Existing law excludes from that exception a list of specified services, including, among others, conducting surgery or any other procedure on another person that punctures the skin or harmfully invades the body.

This bill would add the provision of osteopathic manipulative treatment, as defined, to that list of specifically excluded services. By excluding those services from the exception to the unauthorized practice of medicine, the bill would expand the scope of a crime, thereby imposing a state-mandated local program.

Existing law, with specified exceptions, makes it a misdemeanor for a person to use the words "doctor" or "physician," the letters or prefix "Dr.," the initials "M.D." or "D.O.," or any other terms or letters indicating or implying that the person is a physician and surgeon, physician, surgeon, or a practitioner under the Medical Practice Act or other law, or to represent or hold themselves out as a physician and surgeon, physician, surgeon, or practitioner under the act or other law without having a valid, unrevoked, and unsuspended certificate as a physician and surgeon under the act. Existing law prohibits a person from using those terms or letters or any other terms or letters indicating or implying that the person is a physician and surgeon, physician, surgeon, or practitioner in a health care setting that would lead a reasonable patient to determine that the person is a licensed "M.D." or "D.O."

This bill would also make it a misdemeanor for a person who is not licensed by the Osteopathic Medical Board of California to use the word "osteopath," the phrase "doctor of osteopathy," or the initials "D.O.," or to indicate or imply that they are a licensed osteopath, licensed doctor of osteopathy, or licensed physician and surgeon when offering or providing a service to treat a medical or physical condition. By creating a new crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.