Revised Draft of Alternative Cancer Bill as of July 17, 2009

 The important differences in this current draft and bills we submitted in the past on freedom to do non-conventional treatment of cancer are:

            1. The bill also authorizes naturopathic doctor to also treat cancer.

            2. 2234.7 protects the right of parents to have a child have non-conventional treatment of cancer and not have the child removed from the treatment selected by the parent. This is a very important and in a few states has been introduced in a separate bill.    

LATEST WORKING OF THE BILL - THE CALIFORNIA CITIZEN FOR HEALTH FREEDOM  (July 17^th)

Expansion of Therapeutic Options for the Integrative Treatment of Cancer Act
An act to add Sections 2234.2-2234.7 to the Business and Professions Code

BUSINESS AND PROFESSIONS CODE – ADDED

“Advanced economy” means the most recent list of advanced economies as defined by the International Monetary Fund.

2234.2 Notwithstanding any other provision of law, a physician or naturopathic doctor, and any qualified person performing under the supervision of a physician or naturopathic doctor may provide advice for cancer and treat cancer, for the purposes of cure or amelioration, and shall not be subject to discipline pursuant to subdivision (b), (c), or (d) of Section 2234 solely on the basis of that advice or treatment as long as all of the following apply:

The requirements of informed consent in 2234.3 are met.

The treatment meets the evidenced-based medical standard for integrative cancer treatment provided in 2234.4.

The physician or naturopathic doctor complies with the patient re-evaluation requirements of 2234.5.

The physician or naturopathic doctor complies with the care standards provided in 2234.6

2234.3 The requirements for informed consent for providing advice for cancer and treating cancer for the purposes of cure or amelioration using non-standard medical treatments are:

The patient, or the patient’s parent or guardian, is required to sign an informed consent form confirming one of the following:

1. That they are under the care of an oncologist or other physician and have been informed as to the type of cancer they have and their prognosis using standard treatment options.

2. That they have declined to be under the care of an oncologist or other physician.

The consent form provided in 2234.3(a)1 shall have the following written on the form: “THE CALIFORNIA DEPARTMENT OF HEALTH AND THE DOCTOR PROVIDING YOUR INTEGRATIVE CANCER CARE RECOGNIZE THE IMPORTANCE OF USING CONVENTIONAL CANCER TREATMENTS INCLUDING RADIATION, CHEMOTHERAPY AND SURGERY. IT IS HIGHLY RECOMMENDED THAT YOU SEE AN ONCOLOGIST OR ANOTHER PHYSICIAN TO PROVIDE YOU WITH CONVENTIONAL CANCER TREATMENTS.

The physician or naturopathic doctor informs the patient, or the patient’s parent or guardian, in writing, that the type of care they will be receiving is not the current standard of care for any form of cancer in California and that radiation, chemotherapy and surgery are the standard of care in treating cancer, and that the advice or treatments provided are not approved by the FDA for treating cancer.

The physician or naturopathic doctor informs the patient, or the patient’s parent or guardian, in writing that the care that they will be receiving is not mutually exclusive of also receiving conventional cancer treatments.

Before any treatment of cancer is commenced, the physician or naturopathic doctor provides to the patient, or the patient’s parent or guardian, in writing:

3. Information regarding the type of treatment that will be provided, including and a summary of expected risks and benefits and the inclusion of the statement “Any and all medical treatments involve some degree of risk up to, and including death”.

4. A time frame and plan for re-evaluation using standard and conventional means in order to assess treatment efficacy.

5. The costs involved in the proposed treatments.　

2234.4 The evidenced-based medical standard that the State of California will recognize for physicians or naturopathic doctors providing advice for cancer and treating cancer for the purposes of cure or amelioration are (all must apply):

(a) In the opinion of the physician or naturopathic doctor, it has the potential for curing or ameliorating cancer, or can provide a measurable amount of therapeutic benefit in slowing the progression of cancer, or can improve the quality of life of the patient.

(b) In the opinion of the physician or naturopathic doctor, the expected benefits of the treatment substantially outweigh any expected harm from the treatment as derived from peer-reviewed scientific or medical journal publications in the US or other advanced economy.

(c) The treatment can legally be administered in another US state or other advanced economy.

(d) The treatment, properly rendered, does not cause death or bodily injury to the patient.

2234.5 The re-evaluation requirements for physicians or naturopathic doctors providing advice or treatment using non-standard protocols in the treatment of cancer are:

The patient, or the patient’s parent or guardian, is regularly informed regarding the measurable results achieved within the proposed time frame at the commencement of treatment and at regular and appropriate intervals during the treatment plan.

Re-evaluation of treatment is made when progress stalls or reverses in the opinion of the patient, or the patient’s parent or guardian, or the doctor providing integrative cancer treatment, or as evidenced by objective evaluations.

The patient, or the patient’s parent or guardian, is informed about and agrees to any proposed changes in treatment, including the reasons for the proposed change(s), risks and benefits, re-evaluation timeframe and costs associated with the new treatment(s).　

2234.6 The care standards for using non-standard protocols in the treatment of cancer are:

(a) The cancer treatment must be provided by a California licensed physician or a California licensed naturopathic doctor or a qualified person acting under the supervision of a physician or naturopathic doctor.

(b) The physician or naturopathic doctor must review all relevant charts, records and laboratory results provided by the patient and make a good faith effort to obtain same records from the patient’s oncologist or physician providing conventional cancer treatment prior to initiating or changing treatments.

The physician or naturopathic doctor shall make a good faith effort to coordinate their care with the oncologist or physician providing conventional care throughout the duration of treatment.

At the request of the patient or oncologist or physician providing conventional care, the physician or naturopathic doctor shall provide a synopsis of the current treatment rendered along with subjective and objective assessments of the patient’s state of health and response to treatment.

(c) Relevant, standardly acceptable tests are administered to confirm the effectiveness and progress of treatment.　

2234.7 A parent or guardian of a minor may authorize the type of cancer treatment and provider of that treatment as long as it is provided by a California licensed physician or a California licensed naturopathic doctor if the provisions of 2234.2 are met. The minor may not be removed from the treatment authorized by the parent of guardian on the basis that it is not conventional.

2234.8 Violations of Sections 2234.2 through 2234.6 in using non-standard protocols in the treatment of cancer shall be referred to the physician or naturopathic doctor’s licensing authority to determine the appropriate disciplinary action.

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