AB 3142: Acupuncture Licensure Act: Acupuncture Board.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-20
Existing law establishes the Acupuncture Board, which consists of 7 members, to administer and enforce laws in the Acupuncture Licensure Act until January 1, 2019. The Acupuncture Licensure Act authorizes the board, until January 1, 2019, to appoint an executive officer. Existing law specifies that, for purposes of the act, an approved educational and training program is a school or college that meets specified conditions and requirements, including, among others, being granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine, as provided.
This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2023. The bill would require an approved educational and training program to be granted preaccreditation status, rather than candidacy status, by the Accreditation Commission for Acupuncture and Oriental Medicine.
Existing law makes it a misdemeanor for a person who does not hold a current and valid acupuncturists license to hold himself or herself out as practicing or engaging in the practice of acupuncture and describes what constitutes a person holding himself or herself out as engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert in the field of acupuncture, Asian medicine, or Chinese medicine.
This bill would instead make it a misdemeanor for a person who does not hold a current and valid acupuncturists license to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture and would describe what constitutes advertising or representing that a person is practicing or engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, an expert, or otherwise qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program.
Existing law provides that unprofessional conduct includes the knowing failure to protect patients by failing to follow infection control guidelines, as specified, and requires the board to consult, as necessary, with the Medical Board of California and certain other healing arts boards to encourage appropriate consistency in implementing that provision.
This bill would instead require the board to consult, as necessary, with any healing arts board, as specified.
The bill would make other technical changes.
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.
Existing law establishes the Acupuncture Board, which consists of 7 members, to administer and enforce laws in the Acupuncture Licensure Act until January 1, 2019. The Acupuncture Licensure Act authorizes the board, until January 1, 2019, to appoint an executive officer. Existing law specifies that, for purposes of the act, an approved educational and training program is a school or college that meets specified conditions and requirements, including, among others, being granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine, as provided.
This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2023. The bill would require an approved educational and training program to be granted preaccreditation status, rather than candidacy status, by the Accreditation Commission for Acupuncture and Oriental Medicine.
Existing law makes it a misdemeanor for a person who does not hold a current and valid acupuncturists license to hold himself or herself out as practicing or engaging in the practice of acupuncture and describes what constitutes a person holding himself or herself out as engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert in the field of acupuncture, Asian medicine, or Chinese medicine.
This bill would instead make it a misdemeanor for a person who does not hold a current and valid acupuncturists license to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture and would describe what constitutes advertising or representing that a person is practicing or engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, an expert, or otherwise qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program.
Existing law provides that unprofessional conduct includes the knowing failure to protect patients by failing to follow infection control guidelines, as specified, and requires the board to consult, as necessary, with the Medical Board of California and certain other healing arts boards to encourage appropriate consistency in implementing that provision.
This bill would instead require the board to consult, as necessary, with any healing arts board, as specified.
The bill would make other technical changes.
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.
Existing law establishes the Acupuncture Board, which consists of 7 members, to administer and enforce laws in the Acupuncture Licensure Act until January 1, 2019. The Acupuncture Licensure Act authorizes the board, until January 1, 2019, to appoint an executive officer. Existing law specifies that, for purposes of the act, an approved educational and training program is a school or college that meets specified conditions and requirements, including, among others, being granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine, as provided.
This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2021. 2023. The bill would require an approved educational and training program to be granted preaccreditation status, rather than candidacy status, by the Accreditation Commission for Acupuncture and Oriental Medicine.
Existing law makes it a misdemeanor for a person who does not hold a current and valid acupuncturists license to hold himself or herself out as practicing or engaging in the practice of acupuncture and describes what constitutes a person holding himself or herself out as engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert in the field of acupuncture, Asian medicine, or Chinese medicine.
This bill would instead make it a misdemeanor for a person who does not hold a current and valid acupuncturists license to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture and would describe what constitutes advertising or representing that a person is practicing or engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert an expert, or otherwise qualified to practice in the field of oriental medicine acupuncture, Asian medicine, oriental medicine, or any other complimentary complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program.
Existing law provides that unprofessional conduct includes the knowing failure to protect patients by failing to follow infection control guidelines, as specified, and requires the board to consult, as necessary, with the Medical Board of California and certain other healing arts boards to encourage appropriate consistency in implementing that provision.
This bill would instead require the board to consult, as necessary, with any healing arts board, as specified.
The bill would make other technical changes.
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.
Existing law establishes the Acupuncture Board, which consists of 7 members, to administer and enforce laws in the Acupuncture Licensure Act until January 1, 2019. The Acupuncture Licensure Act authorizes the board, until January 1, 2019, to appoint an executive officer. Existing law specifies that, for purposes of the act, an approved educational and training program is a school or college that meets specified conditions and requirements, including, among others, being granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine, as provided.
This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2021. The bill would require an approved educational and training program to be granted preaccreditation status, rather than candidacy status, by the Accreditation Commission for Acupuncture and Oriental Medicine.
Existing law makes it a misdemeanor for a person who does not hold a current and valid acupuncturists license to hold himself or herself out as practicing or engaging in the practice of acupuncture and describes what constitutes a person holding himself or herself out as engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert in the field of acupuncture, Asian medicine, or Chinese medicine.
This bill would instead make it a misdemeanor for a person who does not hold a current and valid acupuncturists license to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture and would describe what constitutes advertising or representing that a person is practicing or engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert qualified to practice in the field of oriental medicine or any other complimentary or integrative medicine associated with an Asian subgroup. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program.
Existing law provides that unprofessional conduct includes the knowing failure to protect patients by failing to follow infection control guidelines, as specified, and requires the board to consult, as necessary, with the Medical Board of California and certain other healing arts boards to encourage appropriate consistency in implementing that provision.
This bill would instead require the board to consult, as necessary, with any healing arts board, as specified.
The bill would make other technical changes.
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.
Existing law establishes the Acupuncture Board, which consists of 7 members, to administer and enforce laws in the Acupuncture Licensure Act until January 1, 2019. The Acupuncture Licensure Act authorizes the board, until January 1, 2019, to appoint an executive officer. Existing law specifies that, for purposes of the act, an approved educational and training program is a school or college that meets specified conditions and requirements, including, among others, being granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine, as provided.
This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2023. 2021. The bill would require an approved educational and training program to be granted preaccreditation status, rather than candidacy status, by the Accreditation Commission for Acupuncture and Oriental Medicine.
Existing law makes it a misdemeanor for a person who does not hold a current and valid acupuncturists license to hold himself or herself out as practicing or engaging in the practice of acupuncture and describes what constitutes a person holding himself or herself out as engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert in the field of acupuncture, Asian medicine, or Chinese medicine.
This bill would instead make it a misdemeanor for a person who does not hold a current and valid acupuncturists license to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture and would describe what constitutes advertising or representing that a person is practicing or engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert qualified to practice in the field of oriental medicine or any other complimentary or integrative medicine associated with an Asian subgroup. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program.
Existing law provides that unprofessional conduct includes the knowing failure to protect patients by failing to follow infection control guidelines, as specified, and requires the board to consult, as necessary, with the Medical Board of California and certain other healing arts boards to encourage appropriate consistency in implementing that provision.
This bill would instead require the board to consult, as necessary, with any healing arts board, as specified.
The bill would make other technical changes.
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.
Existing law establishes the Acupuncture Board, which consists of 7 members, to administer and enforce laws in the Acupuncture Licensure Act until January 1, 2019. The Acupuncture Licensure Act authorizes the board, until January 1, 2019, to appoint an executive officer.
This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2023.
(a)For purposes of this chapter, approved educational and training program means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements:
(1)Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section.
(2)Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.
(3)Meets any of the following:
(A)Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine.
(B)Has been granted preaccreditation status by the Accreditation Commission for Acupuncture and Oriental Medicine.
(C)Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted preaccreditation status within three years of the date that letter was submitted.
(b)Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and the Bureau for Private and Postsecondary Education of whether the board has approved the curriculum.
SEC. 2.Section 4928 of the Business and Professions Code is amended to read:4928.(a)The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.Section 4934 of the Business and Professions Code is amended to read:4934.(a)The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 4935 of the Business and Professions Code is amended to read:4935.(a)(1)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who does not hold a current and valid license to practice acupuncture under this chapter or to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture.
(2)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person to fraudulently buy, sell, or obtain a license to practice acupuncture, or to violate the provisions of this chapter.
(b)Notwithstanding any other law, any person, other than a physician and surgeon, a dentist, or a podiatrist, who is not licensed under this article but is licensed under Division 2 (commencing with Section 500), who practices acupuncture involving the application of a needle to the human body, performs any acupuncture technique or method involving the application of a needle to the human body, or directs, manages, or supervises another person in performing acupuncture involving the application of a needle to the human body is guilty of a misdemeanor.
(c)A person advertises or otherwise represents that he or she is practicing or engaging in the practice of acupuncture by the use of any title or description of services incorporating the words acupuncture, acupuncturist, certified acupuncturist, licensed acupuncturist, Asian medicine, oriental medicine, or any combination of those words, phrases, or abbreviations of those words or phrases, or by representing that he or she is trained, experienced, an expert, or otherwise qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup, including Chinese medicine, Japanese medicine, or Korean medicine.
(d)Subdivision (a) shall not prohibit a person from administering acupuncture treatment as part of his or her educational training if the person is either of the following:
(1)Engaged in a course or tutorial program in acupuncture, as provided in this chapter.
(2)A graduate of an approved educational and training program and participating in a postgraduate review course that does not exceed one year in duration at an approved educational and training program.
SEC. 5.Section 4938 of the Business and Professions Code is amended to read:4938.(a)The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:
(1)Is at least 18 years of age.
(2)Furnishes satisfactory evidence of completion of one of the following:
(A)(i)An approved educational and training program.
(ii)If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.
(B)Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.
(C)In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.
(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.
(4)Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).
(5)Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.
(b)Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee.
SEC. 6.Section 4955 of the Business and Professions Code is amended to read:4955.The board may deny, suspend, or revoke, or impose probationary conditions upon, the license of any acupuncturist who is guilty of unprofessional conduct.
Unprofessional conduct shall include, but not be limited to, the following:
(a)Using or possessing any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, dangerous drug, or alcoholic beverage to an extent or in a manner dangerous to the acupuncturist, or to any other person, or to the public, and to an extent that the use impairs the acupuncturists ability to engage in the practice of acupuncture with safety to the public.
(b)Conviction of a crime substantially related to the qualifications, functions, or duties of an acupuncturist, the record of conviction being conclusive evidence thereof.
(c)False or misleading advertising.
(d)Aiding or abetting in, or violating or conspiring in, directly or indirectly, the violation of the terms of this chapter or any regulation adopted by the board pursuant to this chapter.
(e)Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with healing arts boards within this division, including, but not limited to, the Medical Board of California, the California Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases.
(f)The use of threats or harassment against any patient or licensee for providing evidence in a disciplinary action, other legal action, or in an investigation contemplating a disciplinary action or other legal action.
(g)Discharging an employee primarily for attempting to comply with the terms of this chapter.
(h)Disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties of an acupuncturist or any professional health care licensee.
(i)Any action or conduct that would have warranted the denial of the acupuncture license.
(j)The violation of any law or local ordinance on an acupuncturists business premises by an acupuncturists employee or a person who is working under the acupuncturists professional license or business permit, that is substantially related to the qualifications, functions, or duties of an acupuncturist. These violations shall subject the acupuncturist who employed the individuals, or under whose acupuncturist license the employee is working, to disciplinary action.
(k)The abandonment of a patient by the licensee without written notice to the patient that treatment is to be discontinued and before the patient has had a reasonable opportunity to secure the services of another practitioner.
(l)The failure to notify the board of the use of any false, assumed, or fictitious name other than the name under which the licensee is licensed as an individual to practice acupuncture.
SEC. 7.Section 4961 of the Business and Professions Code is amended to read:4961.(a)Every person who is now or hereafter licensed to practice acupuncture in this state shall register, on forms prescribed by the Acupuncture Board, the licensees place of practice, or, if the licensee has more than one place of practice, all of the places of practice. If the licensee has no place of practice, the licensee shall notify the board of that fact. A person licensed by the board shall register within 30 days after the date of his or her licensure.
(b)An acupuncturist licensee shall post his or her wall license in a conspicuous location in his or her place of practice at all times. If an acupuncturist licensee has more than one place of practice, he or she shall obtain from the board a duplicate wall license for each additional location and post the duplicate wall license at each location.
(c)Any licensee that changes the location of his or her place of practice shall register each change within 30 days of making that change. In the event a licensee fails to notify the board of any change in the address of a place of practice within the time prescribed by this section, the board may deny renewal of licensure. An applicant for renewal of licensure shall specify in the application whether or not there has been a change in the location of the licensees place of practice and, if so, the date of that change. The board may accept that statement as evidence of the change of address.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)For purposes of this chapter, approved educational and training program means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements:
(1)Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section.
(2)Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.
(3)Meets any of the following:
(A)Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine.
(B)Has been granted preaccreditation status by the Accreditation Commission for Acupuncture and Oriental Medicine.
(C)Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted preaccreditation status within three years of the date that letter was submitted.
(b)Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and the Bureau for Private and Postsecondary Education of whether the board has approved the curriculum.
SEC. 2.Section 4928 of the Business and Professions Code is amended to read:4928.(a)The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.Section 4934 of the Business and Professions Code is amended to read:4934.(a)The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 4935 of the Business and Professions Code is amended to read:4935.(a)(1)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who does not hold a current and valid license to practice acupuncture under this chapter or to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture.
(2)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person to fraudulently buy, sell, or obtain a license to practice acupuncture, or to violate the provisions of this chapter.
(b)Notwithstanding any other law, any person, other than a physician and surgeon, a dentist, or a podiatrist, who is not licensed under this article but is licensed under Division 2 (commencing with Section 500), who practices acupuncture involving the application of a needle to the human body, performs any acupuncture technique or method involving the application of a needle to the human body, or directs, manages, or supervises another person in performing acupuncture involving the application of a needle to the human body is guilty of a misdemeanor.
(c)A person advertises or otherwise represents that he or she is practicing or engaging in the practice of acupuncture by the use of any title or description of services incorporating the words acupuncture, acupuncturist, certified acupuncturist, licensed acupuncturist, Asian medicine, oriental medicine, or any combination of those words, phrases, or abbreviations of those words or phrases, or by representing that he or she is trained, experienced, an expert, or otherwise qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup, including Chinese medicine, Japanese medicine, or Korean medicine.
(d)Subdivision (a) shall not prohibit a person from administering acupuncture treatment as part of his or her educational training if the person is either of the following:
(1)Engaged in a course or tutorial program in acupuncture, as provided in this chapter.
(2)A graduate of an approved educational and training program and participating in a postgraduate review course that does not exceed one year in duration at an approved educational and training program.
SEC. 5.Section 4938 of the Business and Professions Code is amended to read:4938.(a)The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:
(1)Is at least 18 years of age.
(2)Furnishes satisfactory evidence of completion of one of the following:
(A)(i)An approved educational and training program.
(ii)If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.
(B)Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.
(C)In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.
(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.
(4)Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).
(5)Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.
(b)Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee.
SEC. 6.Section 4955 of the Business and Professions Code is amended to read:4955.The board may deny, suspend, or revoke, or impose probationary conditions upon, the license of any acupuncturist who is guilty of unprofessional conduct.
Unprofessional conduct shall include, but not be limited to, the following:
(a)Using or possessing any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, dangerous drug, or alcoholic beverage to an extent or in a manner dangerous to the acupuncturist, or to any other person, or to the public, and to an extent that the use impairs the acupuncturists ability to engage in the practice of acupuncture with safety to the public.
(b)Conviction of a crime substantially related to the qualifications, functions, or duties of an acupuncturist, the record of conviction being conclusive evidence thereof.
(c)False or misleading advertising.
(d)Aiding or abetting in, or violating or conspiring in, directly or indirectly, the violation of the terms of this chapter or any regulation adopted by the board pursuant to this chapter.
(e)Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with healing arts boards within this division, including, but not limited to, the Medical Board of California, the California Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases.
(f)The use of threats or harassment against any patient or licensee for providing evidence in a disciplinary action, other legal action, or in an investigation contemplating a disciplinary action or other legal action.
(g)Discharging an employee primarily for attempting to comply with the terms of this chapter.
(h)Disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties of an acupuncturist or any professional health care licensee.
(i)Any action or conduct that would have warranted the denial of the acupuncture license.
(j)The violation of any law or local ordinance on an acupuncturists business premises by an acupuncturists employee or a person who is working under the acupuncturists professional license or business permit, that is substantially related to the qualifications, functions, or duties of an acupuncturist. These violations shall subject the acupuncturist who employed the individuals, or under whose acupuncturist license the employee is working, to disciplinary action.
(k)The abandonment of a patient by the licensee without written notice to the patient that treatment is to be discontinued and before the patient has had a reasonable opportunity to secure the services of another practitioner.
(l)The failure to notify the board of the use of any false, assumed, or fictitious name other than the name under which the licensee is licensed as an individual to practice acupuncture.
SEC. 7.Section 4961 of the Business and Professions Code is amended to read:4961.(a)Every person who is now or hereafter licensed to practice acupuncture in this state shall register, on forms prescribed by the Acupuncture Board, the licensees place of practice, or, if the licensee has more than one place of practice, all of the places of practice. If the licensee has no place of practice, the licensee shall notify the board of that fact. A person licensed by the board shall register within 30 days after the date of his or her licensure.
(b)An acupuncturist licensee shall post his or her wall license in a conspicuous location in his or her place of practice at all times. If an acupuncturist licensee has more than one place of practice, he or she shall obtain from the board a duplicate wall license for each additional location and post the duplicate wall license at each location.
(c)Any licensee that changes the location of his or her place of practice shall register each change within 30 days of making that change. In the event a licensee fails to notify the board of any change in the address of a place of practice within the time prescribed by this section, the board may deny renewal of licensure. An applicant for renewal of licensure shall specify in the application whether or not there has been a change in the location of the licensees place of practice and, if so, the date of that change. The board may accept that statement as evidence of the change of address.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)For purposes of this chapter, approved educational and training program means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements:
(1)Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section.
(2)Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.
(3)Meets any of the following:
(A)Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine.
(B)Has been granted preaccreditation status by the Accreditation Commission for Acupuncture and Oriental Medicine.
(C)Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted preaccreditation status within three years of the date that letter was submitted.
(b)Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and the Bureau of for Private and Postsecondary Education of whether the board has approved the curriculum.
SEC. 2.Section 4928 of the Business and Professions Code is amended to read:4928.(a)The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2021, 2023, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.Section 4934 of the Business and Professions Code is amended to read:4934.(a)The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(b)This section shall remain in effect only until January 1, 2021, 2023, and as of that date is repealed.
SEC. 4.Section 4935 of the Business and Professions Code is amended to read:4935.(a)(1)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who does not hold a current and valid license to practice acupuncture under this chapter or to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture.
(2)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person to fraudulently buy, sell, or obtain a license to practice acupuncture, or to violate the provisions of this chapter.
(b)Notwithstanding any other law, any person, other than a physician and surgeon, a dentist, or a podiatrist, who is not licensed under this article but is licensed under Division 2 (commencing with Section 500), who practices acupuncture involving the application of a needle to the human body, performs any acupuncture technique or method involving the application of a needle to the human body, or directs, manages, or supervises another person in performing acupuncture involving the application of a needle to the human body is guilty of a misdemeanor.
(c)A person advertises or otherwise represents that he or she is practicing or engaging in the practice of acupuncture by the use of any title or description of services incorporating the words acupuncture, acupuncturist, certified acupuncturist, licensed acupuncturist, Asian medicine, oriental medicine, or any combination of those words, phrases, or abbreviations of those words or phrases, or by otherwise representing that he or she is trained, experienced, or an expert who is an expert, or otherwise qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complimentary complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup, including Chinese medicine, Japanese medicine, or Korean medicine.
(d)Subdivision (a) shall not prohibit a person from administering acupuncture treatment as part of his or her educational training if the person is either of the following:
(1)Engaged in a course or tutorial program in acupuncture, as provided in this chapter.
(2)A graduate of an approved educational and training program and participating in a postgraduate review course that does not exceed one year in duration at an approved educational and training program.
SEC. 5.Section 4938 of the Business and Professions Code is amended to read:4938.(a)The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:
(1)Is at least 18 years of age.
(2)Furnishes satisfactory evidence of completion of one of the following:
(A)(i)An approved educational and training program.
(ii)If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.
(B)Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.
(C)In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.
(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.
(4)Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).
(5)Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.
(b)Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee.
SEC. 6.Section 4955 of the Business and Professions Code is amended to read:4955.The board may deny, suspend, or revoke, or impose probationary conditions upon, the license of any acupuncturist who is guilty of unprofessional conduct.
Unprofessional conduct shall include, but not be limited to, the following:
(a)Using or possessing any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, dangerous drug, or alcoholic beverage to an extent or in a manner dangerous to the acupuncturist, or to any other person, or to the public, and to an extent that the use impairs the acupuncturists ability to engage in the practice of acupuncture with safety to the public.
(b)Conviction of a crime substantially related to the qualifications, functions, or duties of an acupuncturist, the record of conviction being conclusive evidence thereof.
(c)False or misleading advertising.
(d)Aiding or abetting in, or violating or conspiring in, directly or indirectly, the violation of the terms of this chapter or any regulation adopted by the board pursuant to this chapter.
(e)Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health Services developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with healing arts boards within this division, including, but not limited to, the Medical Board of California, the California Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases.
(f)The use of threats or harassment against any patient or licensee for providing evidence in a disciplinary action, other legal action, or in an investigation contemplating a disciplinary action or other legal action.
(g)Discharging an employee primarily for attempting to comply with the terms of this chapter.
(h)Disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties of an acupuncturist or any professional health care licensee.
(i)Any action or conduct that would have warranted the denial of the acupuncture license.
(j)The violation of any law or local ordinance on an acupuncturists business premises by an acupuncturists employee or a person who is working under the acupuncturists professional license or business permit, that is substantially related to the qualifications, functions, or duties of an acupuncturist. These violations shall subject the acupuncturist who employed the individuals, or under whose acupuncturist license the employee is working, to disciplinary action.
(k)The abandonment of a patient by the licensee without written notice to the patient that treatment is to be discontinued and before the patient has had a reasonable opportunity to secure the services of another practitioner.
(l)The failure to notify the board of the use of any false, assumed, or fictitious name other than the name under which the licensee is licensed as an individual to practice acupuncture.
SEC. 7.Section 4961 of the Business and Professions Code is amended to read:4961.(a)Every person who is now or hereafter licensed to practice acupuncture in this state shall register, on forms prescribed by the Acupuncture Board, the licensees place of practice, or, if the licensee has more than one place of practice, all of the places of practice. If the licensee has no place of practice, the licensee shall notify the board of that fact. A person licensed by the board shall register within 30 days after the date of his or her licensure.
(b)An acupuncturist licensee shall post his or her wall license in a conspicuous location in his or her place of practice at all times. If an acupuncturist licensee has more than one place of practice, he or she shall obtain from the board a duplicate wall license for each additional location and post the duplicate wall license at each location.
(c)Any licensee that changes the location of his or her place of practice shall register each change within 30 days of making that change. In the event a licensee fails to notify the board of any change in the address of a place of practice within the time prescribed by this section, the board may deny renewal of licensure. An applicant for renewal of licensure shall specify in the application whether or not there has been a change in the location of the licensees place of practice and, if so, the date of that change. The board may accept that statement as evidence of the change of address.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)For purposes of this chapter, approved educational and training program means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements:
(1)Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section.
(2)Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.
(3)Meets any of the following:
(A)Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine.
(B)Has been granted preaccreditation status by the Accreditation Commission for Acupuncture and Oriental Medicine.
(C)Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted preaccreditation status within three years of the date that letter was submitted.
(b)Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and Bureau of Private and Postsecondary Education of whether the board has approved the curriculum.
SEC. 2.Section 4928 of the Business and Professions Code is amended to read:4928.(a)The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 3.Section 4934 of the Business and Professions Code is amended to read:4934.(a)The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 4.Section 4935 of the Business and Professions Code is amended to read:4935.(a)(1)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who does not hold a current and valid license to practice acupuncture under this chapter or to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture.
(2)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person to fraudulently buy, sell, or obtain a license to practice acupuncture, or to violate the provisions of this chapter.
(b)Notwithstanding any other law, any person, other than a physician and surgeon, a dentist, or a podiatrist, who is not licensed under this article but is licensed under Division 2 (commencing with Section 500), who practices acupuncture involving the application of a needle to the human body, performs any acupuncture technique or method involving the application of a needle to the human body, or directs, manages, or supervises another person in performing acupuncture involving the application of a needle to the human body is guilty of a misdemeanor.
(c)A person advertises or otherwise represents that he or she is practicing or engaging in the practice of acupuncture by the use of any title or description of services incorporating the words acupuncture, acupuncturist, certified acupuncturist, licensed acupuncturist, Asian medicine, oriental medicine, or any combination of those words, phrases, or abbreviations of those words or phrases, or by otherwise representing that he or she is trained, experienced, or an expert who is qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complimentary or integrative medicine associated with an Asian subgroup, including Chinese medicine, Japanese medicine, or Korean medicine.
(d)Subdivision (a) shall not prohibit a person from administering acupuncture treatment as part of his or her educational training if the person is either of the following:
(1)Engaged in a course or tutorial program in acupuncture, as provided in this chapter.
(2)A graduate of an approved educational and training program and participating in a postgraduate review course that does not exceed one year in duration at an approved educational and training program.
SEC. 5.Section 4938 of the Business and Professions Code is amended to read:4938.(a)The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:
(1)Is at least 18 years of age.
(2)Furnishes satisfactory evidence of completion of one of the following:
(A)(i)An approved educational and training program.
(ii)If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.
(B)Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.
(C)In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.
(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.
(4)Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).
(5)Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.
(b)Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee.
SEC. 6.Section 4955 of the Business and Professions Code is amended to read:4955.The board may deny, suspend, or revoke, or impose probationary conditions upon, the license of any acupuncturist who is guilty of unprofessional conduct.
Unprofessional conduct shall include, but not be limited to, the following:
(a)Using or possessing any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, dangerous drug, or alcoholic beverage to an extent or in a manner dangerous to the acupuncturist, or to any other person, or to the public, and to an extent that the use impairs the acupuncturists ability to engage in the practice of acupuncture with safety to the public.
(b)Conviction of a crime substantially related to the qualifications, functions, or duties of an acupuncturist, the record of conviction being conclusive evidence thereof.
(c)False or misleading advertising.
(d)Aiding or abetting in, or violating or conspiring in, directly or indirectly, the violation of the terms of this chapter or any regulation adopted by the board pursuant to this chapter.
(e)Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Health Services developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with healing arts boards within this division, including, but not limited to, the Medical Board of California, the California Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases.
(f)The use of threats or harassment against any patient or licensee for providing evidence in a disciplinary action, other legal action, or in an investigation contemplating a disciplinary action or other legal action.
(g)Discharging an employee primarily for attempting to comply with the terms of this chapter.
(h)Disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties of an acupuncturist or any professional health care licensee.
(i)Any action or conduct that would have warranted the denial of the acupuncture license.
(j)The violation of any law or local ordinance on an acupuncturists business premises by an acupuncturists employee or a person who is working under the acupuncturists professional license or business permit, that is substantially related to the qualifications, functions, or duties of an acupuncturist. These violations shall subject the acupuncturist who employed the individuals, or under whose acupuncturist license the employee is working, to disciplinary action.
(k)The abandonment of a patient by the licentiate licensee without written notice to the patient that treatment is to be discontinued and before the patient has had a reasonable opportunity to secure the services of another practitioner.
(l)The failure to notify the board of the use of any false, assumed, or fictitious name other than the name under which the licensee is licensed as an individual to practice acupuncture.
SEC. 7.Section 4961 of the Business and Professions Code is amended to read:4961.(a)Every person who is now or hereafter licensed to practice acupuncture in this state shall register, on forms prescribed by the Acupuncture Board, the licensees place of practice, or, if the licensee has more than one place of practice, all of the places of practice. If the licensee has no place of practice, the licensee shall notify the board of that fact. A person licensed by the board shall register within 30 days after the date of his or her licensure.
(b)An acupuncturist licensee shall post his or her wall license in a conspicuous location in his or her place of practice at all times. If an acupuncturist licensee has more than one place of practice, he or she shall obtain from the board a duplicate wall license for each additional location and post the duplicate wall license at each location.
(c)Any licensee that changes the location of his or her place of practice shall register each change within 30 days of making that change. In the event a licensee fails to notify the board of any change in the address of a place of practice within the time prescribed by this section, the board may deny renewal of licensure. An applicant for renewal of licensure shall specify in the application whether or not there has been a change in the location of the licensees place of practice and, if so, the date of that change. The board may accept that statement as evidence of the change of address.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)For purposes of this chapter, approved educational and training program means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements:
(1)Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section.
(2)Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.
(3)Meets any of the following:
(A)Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine.
(B)Has been granted candidacy preaccreditation status by the Accreditation Commission for Acupuncture and Oriental Medicine.
(C)Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted candidacy preaccreditation status within three years of the date that letter was submitted.
(b)Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and Bureau of Private and Postsecondary Education of whether the board has approved the curriculum.
(c)This section shall become operative on January 1, 2017.SECTION 1.SEC. 2.Section 4928 of the Business and Professions Code is amended to read:4928.(a)The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2023, 2021, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.SEC. 3.Section 4934 of the Business and Professions Code is amended to read:4934.(a)The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(b)This section shall remain in effect only until January 1, 2023, 2021, and as of that date is repealed.
SEC. 4.Section 4935 of the Business and Professions Code is amended to read:4935.(a)(1)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who does not hold a current and valid license to practice acupuncture under this chapter or to hold himself or herself out as advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture.
(2)It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person to fraudulently buy, sell, or obtain a license to practice acupuncture, or to violate the provisions of this chapter.
(b)Notwithstanding any other law, any person, other than a physician and surgeon, a dentist, or a podiatrist, who is not licensed under this article but is licensed under Division 2 (commencing with Section 500), who practices acupuncture involving the application of a needle to the human body, performs any acupuncture technique or method involving the application of a needle to the human body, or directs, manages, or supervises another person in performing acupuncture involving the application of a needle to the human body is guilty of a misdemeanor.
(c)A person holds himself or herself out as advertises or otherwise represents that he or she is practicing or engaging in the practice of acupuncture by the use of any title or description of services incorporating the words acupuncture, acupuncturist, certified acupuncturist, licensed acupuncturist, Asian medicine, oriental medicine, or any combination of those words, phrases, or abbreviations of those words or phrases, or by otherwise representing that he or she is trained, experienced, or an expert who is qualified to practice in the field of acupuncture, Asian medicine, or Chinese medicine. oriental medicine, or any other complimentary or integrative medicine associated with an Asian subgroup, including Chinese medicine, Japanese medicine, or Korean medicine.
(d)Subdivision (a) shall not prohibit a person from administering acupuncture treatment as part of his or her educational training if he or she: the person is either of the following:
(1)Is engaged Engaged in a course or tutorial program in acupuncture, as provided in this chapter; or chapter.
(2)Is a A graduate of an approved educational and training program and participating in a postgraduate review course that does not exceed one year in duration at an approved educational and training program.
SEC. 5.Section 4938 of the Business and Professions Code is amended to read:4938.(a)The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:
(1)Is at least 18 years of age.
(2)Furnishes satisfactory evidence of completion of one of the following:
(A)(i)An approved educational and training program.
(ii)If an applicant began his or her an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.
(B)Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.
(C)In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.
(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.
(4)Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).
(5)Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. On and after January 1, 1987, individuals with 800 or more hours of documented clinical training shall be deemed to have met this requirement. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.
(b)Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee.
SEC. 6.Section 4955 of the Business and Professions Code is amended to read:4955.The board may deny, suspend, or revoke, or impose probationary conditions upon, the license of any acupuncturist if he or she who is guilty of unprofessional conduct.
Unprofessional conduct shall include, but not be limited to, the following:
(a)Using or possessing any controlled substance substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or dangerous drug drug, or alcoholic beverage to an extent or in a manner dangerous to himself or herself, the acupuncturist, or to any other person, or to the public, and to an extent that the use impairs his or her the acupuncturists ability to engage in the practice of acupuncture with safety to the public.
(b)Conviction of a crime substantially related to the qualifications, functions, or duties of an acupuncturist, the record of conviction being conclusive evidence thereof.
(c)False or misleading advertising.
(d)Aiding or abetting in, or violating or conspiring in, directly or indirectly, the violation of the terms of this chapter or any regulation adopted by the board pursuant to this chapter.
(e)Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Health Services developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with healing arts boards within this division, including, but not limited to, the Medical Board of California, the California Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases.
(f)The use of threats or harassment against any patient or licensee for providing evidence in a disciplinary action, other legal action, or in an investigation contemplating a disciplinary action or other legal action.
(g)Discharging an employee primarily for attempting to comply with the terms of this chapter.
(h)Disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties of an acupuncturist or any professional health care licensee.
(i)Any action or conduct that would have warranted the denial of the acupuncture license.
(j)The violation of any law or local ordinance on an acupuncturists business premises by an acupuncturists employee or a person who is working under the acupuncturists professional license or business permit, that is substantially related to the qualifications, functions, or duties of an acupuncturist. These violations shall subject the acupuncturist who employed the individuals, or under whose acupuncturist license the employee is working, to disciplinary action.
(k)The abandonment of a patient by the licentiate without written notice to the patient that treatment is to be discontinued and before the patient has had a reasonable opportunity to secure the services of another practitioner.
(l)the The failure to notify the board of the use of any false, assumed, or fictitious name other than the name under which he or she the licensee is licensed as an individual to practice acupuncture.
SEC. 7.Section 4961 of the Business and Professions Code is amended to read:4961.(a)Every person who is now or hereafter licensed to practice acupuncture in this state shall register, on forms prescribed by the Acupuncture Board, his or her the licensees place of practice, or, if he or she the licensee has more than one place of practice, all of the places of practice. If the licensee has no place of practice, he or she the licensee shall notify the board of that fact. A person licensed by the board shall register within 30 days after the date of his or her licensure.
(b)An acupuncturist licensee shall post his or her wall license in a conspicuous location in his or her place of practice at all times. If an acupuncturist licensee has more than one place of practice, he or she shall obtain from the board a duplicate wall license for each additional location and post the duplicate wall license at each location.
(c)Any licensee that changes the location of his or her place of practice shall register each change within 30 days of making that change. In the event a licensee fails to notify the board of any change in the address of a place of practice within the time prescribed by this section, the board may deny renewal of licensure. An applicant for renewal of licensure shall specify in his or her the application whether or not there has been a change in the location of his or her the licensees place of practice and, if so, the date of that change. The board may accept that statement as evidence of the change of address.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter.
(b)This section shall remain in effect only until January 1, 2019, 2023, and as of that date is repealed.
(c)Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 4934 of the Business and Professions Code is amended to read:4934.(a)The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(b)This section shall remain in effect only until January 1, 2019, 2023, and as of that date is repealed.
|
Date
|
Status
|
|---|---|
| Sep 20, 2018 | Chaptered by Secretary of State - Chapter 596, Statutes of 2018. |
| Sep 20, 2018 | Approved by the Governor. |
| Sep 7, 2018 | Enrolled and presented to the Governor at 2:30 p.m. |
| Aug 29, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 27, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77. |
| Aug 27, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2018 | Read second time. Ordered to third reading. |
| Aug 21, 2018 | Read third time and amended. Ordered to second reading. |
| Aug 17, 2018 | From committee: Do pass. (Ayes 7. Noes 0.) (August 16). |
| Aug 6, 2018 | In committee: Referred to APPR. suspense file. |
| Jun 26, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 25). Re-referred to Com. on APPR. |
| Jun 19, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Jun 13, 2018 | Referred to Com. on B., P. & E.D. |
| May 31, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 25, 2018 | From committee: Do pass. (Ayes 16. Noes 0.) (May 25). |
| May 9, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 30, 2018 | Re-referred to Com. on APPR. |
| Apr 26, 2018 | Read second time and amended. |
| Apr 25, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 24). |
| Mar 12, 2018 | Referred to Com. on B. & P. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2018 | AB 3142 LOW Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2018 | Assembly 3rd Reading AB3142 Low et al. By Hill | Senate Floor |
Passed |
|
| Aug 16, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 6, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 25, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| May 30, 2018 | AB 3142 B. & P. Assembly Third Reading By LOW | Assembly Floor |
Passed |
|
| May 25, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2018 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Acupuncture Board | ** Support | Aug 22, 2018 |
| Council of Acupuncture and Oriental Medical Association | * Support | Jun 25, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 3142
Author:(Low)
As Amended Ver:August 21, 2018
Majority vote
ASSEMBLY: | 77-0 | (May 30, 2018) | SENATE: | 38-0 | (August 27, 2018) |
Original Committee Reference: B. & P.
SUMMARY: Extends the operation of the California Acupuncture Board (CAB) and the CAB's authority to appoint an executive officer by four years and makes various changes to the Acupuncture Licensure Act raised during sunset review and intended to improve oversight of acupuncture licensees. Specifically this bill:
- Extends the sunset date of the CAB and the CAB's authority to appoint an executive officer from January 1, 2019 to January 1, 2023.
- Replaces the term "candidacy" with "pre-accreditation" to match the terms used by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM).
- Makes clarifying changes to the limitations on the use of titles and advertising, including the following:
- A person is only prohibited from saying the person is an expert in acupuncture if that person also conveys the idea that the person is qualified to practice.
- Updates the terms used to describe systems of medicine involving acupuncture.
- Deletes an outdated and inconsistent reference to the number of required clinical training hours.
- Clarifies that, consistent with the CAB's current policies, the CAB should consult with all necessary healing arts boards for purposes of developing infection control guidelines.
- Clarifies that a licensee must hang a wall license in each practice location, not a pocket card license.
The Senate amendments extend the CAB by four years instead of two, make technical changes, and add a coauthor.
FISCAL EFFECT: According to the Senate Appropriations Committee, annual ongoing expenditures of approximately $3.4 million (Acupuncture Fund) and 10.5 positions for the Acupuncture Board, based on Budget Act of 2018 figures, to continue operation of the California Acupuncture Board beyond current sunset date of January 1, 2019.
COMMENTS:
Purpose. This bill is one of four "sunset review bills" authored by the Assembly Business and Professions Committee. This bill extends the sunset date for the Board and makes other technical and clarifying changes.
Background. The California Acupuncture Board (CAB) is a state licensing board under the Department of Consumer Affairs (DCA). The CAB's purpose is to protect consumers from incompetent and fraudulent acupuncture practice through licensing and regulation of acupuncturists. The CAB and the laws relating to the practice of acupuncture are established under the Acupuncture Licensure Act.
The Acupuncture Licensure Act makes it is a misdemeanor to practice acupuncture or hold oneself out as being able to practice acupuncture, via titles or other methods, unless licensed as an acupuncturist, a physician and surgeon, a dentist, or a podiatrist, or otherwise authorized by law. The act also makes it unprofessional conduct for a licensed acupuncturist to use the title "Doctor" or the abbreviation "Dr." unless the licensee possesses a license that allows it or has earned a doctorate degree from an approved program.
As of June 30, 2017, the CAB oversaw 11,981 licensed acupuncturists. During each of the last three Fiscal Years (FYs), the CAB issued an average of 536 initial licenses and renewed an average of 5,533 licenses.
Sunset Review Oversight Hearings. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of seven regulatory entities and the DCA including: Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, CAB, Bureau of Automotive Repair, Professional Fiduciaries Bureau, Structural Pest Control Board, California Tax Education Council, and Dental Hygiene Committee of California.
The Committees conducted two oversight hearings in February and March. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
Continued Regulation of Acupuncturists by the CAB. As noted under Issue #15 of the 2018 Sunset Review Background Paper for the CAB, in the short amount of time since 2016, the CAB has shown an improved commitment to its mission and a willingness to work with the Legislature. This is demonstrated by the CAB's recent decision to support legislation relating to the examination, progress on implementation of prior sunset bills, and overall responsiveness. Therefore, the CAB should continue to regulate licensed acupuncturists for another four years in order to protect the interests of the public.
However, much of the CAB's initial progress was made under prior board leadership. Half of the current CAB members are relatively new and there are still vacant professional member positions. Therefore, the CAB should continue to seek ways to improve. It should also continue to address its structural budget deficit, improve its CE auditing processes, and expand its consumer outreach programs.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0005024
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 3142
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/25/18
AYES: Hill, Fuller, Allen, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18
AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 77-0, 5/30/18 - See last page for vote
DIGEST:
This bill extends the sunset date on the Acupuncture Board (Board) until January 1, 2023, and makes clarifying and technical changes to the Acupuncture Licensure Act (Act).
Senate Floor Amendments of 8/21/18 extend the sunset date of the Board by two years, to January 1, 2023, add a coauthor, and make technical changes.
Existing law:
- Establishes the Board within the Department of Consumer Affairs (DCA) to enforce the Act until January 1, 2019. (Business and Professions Code (BPC) §§ 4928, 4925)
- Authorizes the Board, with the approval of the director of the DCA, to employ personnel and appoint an executive officer until January 1, 2019. (BPC § 4934)
This bill:
- Replaces the term “candidacy” in relation to approved educational and training programs with “preaccreditation”.
- Extends the date of the Board and its authority to appoint an executive director until January 1, 2023.
- Amends the following incomplete subsection within the section generally describing misdemeanors: “A person advertises or otherwise represents that he or she is practicing or engaging in the practice of acupuncture by the use of any title or description of services incorporating the words ‘acupuncture,’ ‘acupuncturist,’ ‘certified acupuncturist,’ ‘licensed acupuncturist,’ ‘Asian medicine,’ ‘oriental medicine,’ or any combination of those words, phrases, or abbreviations of those words or phrases, or by representing that he or she is trained, experienced, an expert, or otherwise qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup, including Chinese medicine, Japanese medicine, or Korean medicine.”
- Requires the Board to consult with all DCA healing arts boards in regards to infection control guidelines.
- Clarifies that an acupuncturist licensee shall post his or her wall license, as specified.
- Makes technical changes.
Background
Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 13 regulatory entities and the DCA including the Board.
The Committees conducted two oversight hearings in February and March. This bill is intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
Background on the Board. The Board is a state licensing board under DCA, whose purpose is to protect consumers from incompetent and fraudulent acupuncture practice through the licensing and regulation of acupuncturists.
Under the Act, an acupuncture license authorizes the holder to engage in the practice of acupuncture [and] perform or prescribe the use of Asian massage, acupressure, breathing techniques, exercise, heat, cold, magnets, nutrition, diet, herbs, plant, animal, and mineral products, and dietary supplements to promote, maintain, and restore health.
As of June 30, 2017, the Board oversaw 11,981 licensed acupuncturists. During each of the last three fiscal years, the Board issued an average of 536 initial licenses and renewed an average of 5,533 licenses.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, this bill will result in annual ongoing expenditures of approximately $3.4 million and 10.5 positions for the Board, based on Budget Act of 2018 figures, to continue operation of the Board beyond current sunset date of January 1, 2019.
California Acupuncture Board
OPPOSITION: (Verified 8/16/18)
None received
ASSEMBLY FLOOR: 77-0, 5/30/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Patterson
8/22/18 14:36:49
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 3142
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/25/18
AYES: Hill, Fuller, Allen, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18
AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 77-0, 5/30/18 - See last page for vote
DIGEST:
This bill extends the sunset date on the Acupuncture Board (Board) until January 1, 2021, and makes clarifying and technical changes to the Acupuncture Licensure Act (Act).
Existing law:
- Establishes the Board within the Department of Consumer Affairs (DCA) to enforce the Act until January 1, 2019. (Business and Professions Code (BPC) §§ 4928, 4925)
- Authorizes the Board, with the approval of the director of the DCA, to employ personnel and appoint an executive officer until January 1, 2019. (BPC § 4934)
This bill:
- Replaces the term “candidacy” in relation to approved educational and training programs with “preaccreditation”.
- Extends the date of the Board and its authority to appoint an executive director until January 1, 2021.
- States that it is a misdemeanor for an individual to represent that he or she is trained, experienced, or an expert who is qualified to practice in any other complimentary or integrative medicine associated with an Asian subgroup, including Japanese medicine or Korean medicine.
- Requires the Board to consult with all DCA healing arts boards in regards to infection control guidelines.
- Clarifies that an acupuncturist licensee shall post his or her wall license, as specified.
- Makes technical changes.
Background
Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 13 regulatory entities and the DCA including the Board.
The Committees conducted two oversight hearings in February and March. This bill is intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
Background on the Board. The Board is a state licensing board under DCA, whose purpose is to protect consumers from incompetent and fraudulent acupuncture practice through the licensing and regulation of acupuncturists.
Under the Act, an acupuncture license authorizes the holder to engage in the practice of acupuncture [and] perform or prescribe the use of Asian massage, acupressure, breathing techniques, exercise, heat, cold, magnets, nutrition, diet, herbs, plant, animal, and mineral products, and dietary supplements to promote, maintain, and restore health.
As of June 30, 2017, the Board oversaw 11,981 licensed acupuncturists. During each of the last three fiscal years, the Board issued an average of 536 initial licenses and renewed an average of 5,533 licenses.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, this bill will result in annual ongoing expenditures of approximately $3.4 million and 10.5 positions for the Board, based on Budget Act of 2018 figures, to continue operation of the Board beyond current sunset date of January 1, 2019.
California Acupuncture Board
OPPOSITION: (Verified 8/16/18)
None received
ASSEMBLY FLOOR: 77-0, 5/30/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Patterson
8/18/18 13:41:59
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 3142 (Low) - Acupuncture Licensure Act: Acupuncture Board
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
Extends operation, from January 1, 2019 to January 1, 2021, of the California Acupuncture Board (CAB), and makes other clarifying and technical changes to the Acupuncture Licensure Act.
Fiscal Impact:
Annual ongoing expenditures of approximately $3.4 million (Acupuncture Fund) and 10.5 positions for the Acupuncture Board, based on Budget Act of 2018 figures, to continue operation of the California Acupuncture Board beyond current sunset date of January 1, 2019.
Background:
- The Acupuncture Board licenses and regulates 12,000 individuals practicing acupuncture pursuant to the Acupuncture Licensure Act. The Board administers an examination that tests an applicant's ability, competency, and knowledge in the practice of an acupuncturist; issues licenses to qualified practitioners; approves and monitors students in tutorial programs; approves acupuncture schools and continuing education providers and courses; and enforces the Acupuncture Licensure Act. The practice of acupuncture involves the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions.
Proposed Law:
The bill includes the following provisions, among others:
- Extends the date of the Board and its authority to appoint an executive director from January 1, 2019, to January 1, 2021.
- Replaces the term “candidacy” in relation to approved educational and training programs with “preaccreditation”.
- States that it is a misdemeanor for an individual to represent that he or she is trained, experienced, or an expert who is qualified to practice in any other complimentary or integrative medicine associated with an Asian subgroup, including Japanese medicine or Korean medicine.
- Requires the Board to consult with all DCA healing arts boards in regards to infection control guidelines.
- Clarifies that an acupuncturist licensee shall post his or her wall license, as specified.
Related Legislation:
AB 2190 (Salas), Chapter 667, Statutes of 2016, extended the operation of the CAB and the CAB's authority to appoint an executive officer until January 1, 2019, and made minor changes.
Staff Comments:
This bill is a “sunset review" bill to extend the sunset date for the CAB and make other necessary changes. This bill will extend the CAB’s sunset date to January 1, 2021. The two-year sunset will allow for legislative follow-up on a shorter time cycle than the usual four-year cycle in order to monitor CAB's continued improvement.
-- END --
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 25, 2018
Author: | Low | ||
Version: | June 19, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Sarah Huchel | ||
Subject:
SUMMARY:
Extends the sunset date on the Acupuncture Board (Board) until January 1, 2021 and makes clarifying and technical changes to the Acupuncture Licensure Act (Act).
Existing law:
- Establishes the Board within the Department of Consumer Affairs (DCA) to enforce the Act until January 1, 2019. (Business and Professions Code (BPC) §§ 4928, 4925)
- Authorizes the Board, with the approval of the director of the DCA, to employ personnel and appoint an executive officer until January 1, 2019. (BPC § 4934)
This bill:
- Replaces the term “candidacy” in relation to approved educational and training programs with “preaccreditation”.
- Extends the date of the Board and its authority to appoint an executive director until January 1, 2021.
- States that it is a misdemeanor for an individual to represent that he or she is trained, experienced, or an expert who is qualified to practice in any other complimentary or integrative medicine associated with an Asian subgroup, including Japanese medicine or Korean medicine.
- Requires the Board to consult with all DCA healing arts boards in regards to infection control guidelines.
- Clarifies that an acupuncturist licensee shall post his or her wall license, as specified.
- Makes technical changes.
FISCAL EFFECT:
This bill is keyed fiscal by the Legislative Counsel. According to the Assembly Appropriations analysis dated May 9, 2018, this bill has a cost of approximately $3.5 million per year, for calendar years 2019 and 2020, to continue the operation of the Board beyond the current sunset date of January 1, 2019 (Acupuncture Fund).
COMMENTS:
- Purpose. This bill is Author sponsored. According to the Author’s office, “Unless the Board’s sunset date is extended, it will sunset, leaving the licensing program without an administrator. This bill is one of four ‘sunset review bills’ authored by the Assembly Business and Professions Committee. The other Assembly sunset bills are: AB 3141 relating to the Bureau of Automotive Repair, AB 3143 relating to the California Tax Education Council, and AB 3144 relating to the Professional Fiduciaries Bureau.”
- Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 13 regulatory entities and the DCA including: DHCC, Acupuncture Board, Bureau of Automotive Repair, Professional Fiduciaries Bureau, Structural Pest Control Board, California Tax Education Council, and the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation.
The Committees conducted two oversight hearings in February and March. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
- Background on the Board. The Board is a state licensing board under DCA, whose purpose is to protect consumers from incompetent and fraudulent acupuncture practice through the licensing and regulation of acupuncturists.
Under the Act, an acupuncture license authorizes the holder:
To engage in the practice of acupuncture [and] perform or prescribe the use of Asian massage, acupressure, breathing techniques, exercise, heat, cold, magnets, nutrition, diet, herbs, plant, animal, and mineral products, and dietary supplements to promote, maintain, and restore health.
As of June 30, 2017, the Board oversaw 11,981 licensed acupuncturists. During each of the last three fiscal years, the Board issued an average of 536 initial licenses and renewed an average of 5,533 licenses.
- Review of the Board – Issues Identified and Recommended Changes. The following are some of the major issues and staff recommendations pertaining to the Board.
- Issue – Should the State continue to license and regulate acupuncturists under the current CAB?
Background: In the short amount of time since 2016, the Board has shown an improved commitment to its mission and a willingness to work with the Legislature. This is demonstrated by the Board’s recent decision to support legislation relating to the examination, progress on implementation of SB 1246 (Lieu, Chapter 397, Statutes of 2014) and AB 2190 (Salas, Chapter 667, Statutes of 2016), and overall responsiveness. However, much of the Board’s progress was made under prior board leadership. Half of the current Board members are relatively new and there is still one vacant professional member position.
The Board should also continue to seek ways to improve its structural budget deficit, CE auditing processes, and consumer outreach efforts, such as improving its relationships with stakeholder groups, exploring outstanding issues, and educating the public through ongoing stakeholder meetings. ction of workload ons that it r there are he performan licensee who has already pending on the complexity of the case, ther
Recommendation and Proposed Statutory Change: The Board should continue to regulate licensed acupuncturists order to protect the interests of the public. However, given the Board’s inconsistent past and recent membership change, the Board should be extended for two years with a reduced reporting requirement, unless the Board can demonstrate that the current progress and focus will continue.
This bill extends the Board’s sunset by two years, until January 1, 2021.
This bill also:
- Replaces the term "candidacy" with "pre-accreditation" to match the terms used by the Accreditation Commission for Acupuncture and Oriental Medicine.
- Clarifies the use of titles and representations, including that the prohibition against holding oneself out as an expert in acupuncture only applies if the person making the representation also conveys the idea that the person is qualified to practice.
- Clarifies that, consistent with the CAB's current policies, the CAB should consult with all necessary healing arts boards for purposes of developing infection control guidelines.
- Clarifies that a licensee must hang a wall license in each practice location, not a pocket card license.
SUPPORT AND OPPOSITION:
Support: None on file as of June 20, 2018.
Opposition: None on file as of June 20, 2018.
ASSEMBLY THIRD READING
ATR Bill Id:AB 3142
Author:(Committee on Business and Professions)
As Amended Ver:April 26, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Business & Professions | 15-0 | Low, Brough, Arambula, Baker, Bloom, Chen, Chiu, Cunningham, Eggman, Fong, Grayson, Holden, Irwin, Mullin, Ting | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Extends the operation of the California Acupuncture Board (CAB) and the CAB's authority to appoint an executive officer for two years and makes various changes to the Acupuncture Licensure Act raised during sunset review and intended to improve oversight of acupuncture licensees. Specifically this bill:
- Extends the sunset date of the CAB and the CAB's authority to appoint an executive officer from January 1, 2019 to January 1, 2021.
- Replaces the term "candidacy" with "pre-accreditation" to match the terms used by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM).
- Clarifies the use of titles and representations, including that the prohibition against holding oneself out as an expert in acupuncture only applies if the person making the representation also conveys the idea that the person is qualified to practice.
- Deletes an outdated and inconsistent reference to the number of required clinical training hours.
- Clarifies that, consistent with the CAB's current policies, the CAB should consult with all necessary healing arts boards for purposes of developing infection control guidelines.
- Clarifies that a licensee must hang a wall license in each practice location, not a pocket card license.
FISCAL EFFECT: According to the Assembly Appropriations Committee, cost of approximately $3.5 million per year, for calendar years 2019 and 2020, to continue the operation of the CAB beyond the current sunset date of January 1, 2019 (Acupuncture Fund).
COMMENTS:
Purpose. This bill is one of four "sunset review bills" authored by the Assembly Business and Professions Committee. This bill extends the sunset date for the Board and makes other technical and clarifying changes.
Background. The California Acupuncture Board (CAB) is a state licensing board under the Department of Consumer Affairs (DCA). The CAB's purpose is to protect consumers from incompetent and fraudulent acupuncture practice through licensing and regulation of acupuncturists. The CAB and the laws relating to the practice of acupuncture are established under the Acupuncture Licensure Act.
The Acupuncture Licensure Act makes it is a misdemeanor to practice acupuncture or hold oneself out as being able to practice acupuncture, via titles or other methods, unless licensed as an acupuncturist, a physician and surgeon, a dentist, or a podiatrist, or otherwise authorized by law. The act also makes it unprofessional conduct for a licensed acupuncturist to use the title "Doctor" or the abbreviation "Dr." unless the licensee possesses a license that allows it or has earned a doctorate degree from an approved program.
As of June 30, 2017, the CAB oversaw 11,981 licensed acupuncturists. During each of the last three Fiscal Years (FYs), the CAB issued an average of 536 initial licenses and renewed an average of 5,533 licenses.
Sunset Review Oversight Hearings. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of seven regulatory entities and the DCA including: Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, CAB, Bureau of Automotive Repair, Professional Fiduciaries Bureau, Structural Pest Control Board, California Tax Education Council, and Dental Hygiene Committee of California.
The Committees conducted two oversight hearings in February and March. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
Continued Regulation of Acupuncturists by the CAB. As noted under Issue #15 of the 2018 Sunset Review Background Paper for the CAB, in the short amount of time since 2016, the CAB has shown an improved commitment to its mission and a willingness to work with the Legislature. This is demonstrated by the CAB's recent decision to support legislation relating to the examination, progress on implementation of prior sunset bills, and overall responsiveness. However, much of the CAB's progress was made under prior board leadership. Half of the current CAB members are relatively new and there is still one vacant professional member position.
The CAB should also continue to seek ways to improve its structural budget deficit, CE auditing processes, and consumer outreach efforts, such as improving its relationships with stakeholder groups, exploring outstanding issues, and educating the public through ongoing stakeholder meetings. CAB should continue to regulate licensed acupuncturists order to protect the interests of the public. However, given the CAB's inconsistent past and recent membership change, the CAB should be extended for two years with a reduced reporting requirement unless the CAB and can demonstrate that the current progress and focus will continue.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0003140
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 3142
Author:(Committee on Business and Professions) – As Amended Ver:April 26, 2018
Policy Committee: | Business and Professions | Vote: | 15 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill extends operation of the California Acupuncture Board (CAB) and the CAB’s authority to appoint an executive officer until January 1, 2021, and makes minor changes to address issues raised in the board's sunset review.
FISCAL EFFECT:
Cost of approximately $3.5 million per year, for calendar years 2019 and 2020, to continue the operation of the CAB beyond the current sunset date of January 1, 2019 (Acupuncture Fund).
COMMENTS:
- Purpose. This bill is a “sunset review" bill to extend the sunset date for the CAB and make other necessary changes.
- Background. The CAB regulates the practice of acupuncture and Asian medicine in California. CAB licenses about 12,000 acupuncturists in the state. The practice of acupuncture involves the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions. CAB protects California consumers from incompetent and fraudulent practice through the enforcement of the Acupuncture Licensure Act and the CAB's regulations.
- Continued Regulation of Acupuncturists by the CAB. While the Legislature has raised issues with CAB's operations in the past, legislative staff has observed improvements in the CAB’s operations and willingness to engage with the Legislature since its last sunset review in 2016. Therefore, this bill will extend the CAB’s sunset date to January 1, 2021. The two-year sunset will allow for legislative follow-up on a shorter time cycle than the usual four-year cycle in order to monitor CAB's continued improvement.
- Prior Legislation. AB 2190 (Salas), Chapter 667, Statutes of 2016, extended the operation of the CAB and the CAB's authority to appoint an executive officer until January 1, 2019, and made minor changes.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: April 24, 2018
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Evan Low, Chair
ABPCA Bill Id:AB 3142
Author:(Committee on Business and Professions) – As Introduced Ver:February 16, 2018
SUBJECT: Acupuncture Board.
SUMMARY: Extends the operation of the California Acupuncture Board (CAB) and the CAB’s authority to appoint an executive officer until January 1, 2023.
EXISTING LAW:
- Provides for the licensure and regulation of the practice of acupuncture by the CAB within the Department of Consumer Affairs (DCA). (Business and Professions Code (BPC) § 4928 et seq.)
- Establishes the CAB until January 1, 2019, and renders the CAB subject to review by the appropriate policy committees of the Legislature. (BPC § 4928)
- Authorizes the CAB, with the approval of the director of the DCA, to employ personnel and appoint an executive officer until January 1, 2019. (BPC § 4934)
THIS BILL:
- Extends the sunset date of the CAB and the CAB’s authority to appoint an executive officer from January 1, 2019 to January 1, 2023.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is one of four “sunset review bills” authored by the Assembly Business and Professions Committee. This bill extends the sunset date for the Board and makes other technical and clarifying changes. The other Assembly sunset bills are: AB 3141 relating to the Bureau of Automotive Repair, AB 3143 relating to the California Tax Education Council, and AB 3144 relating to the Professional Fiduciaries Bureau. The other Senate sunset bills are: SB 1481 relating to the Structural Pest Control Board, SB 1482 relating to the Dental Hygiene Committee of California, and SB 1483 relating to the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation.
Background. The California Acupuncture Board (CAB) is a state licensing board under the Department of Consumer Affairs (DCA). The CAB's purpose is to protect consumers from incompetent and fraudulent acupuncture practice through licensing and regulation of acupuncturists. The CAB and the laws relating to the practice of acupuncture are established under the Acupuncture Licensure Act.
The CAB is the agency responsible for administering and enforcing the act. The CAB is also authorized to establish and clarify licensing procedures and practice standards through administrative rulemaking (the process for issuing regulations).
Under the Acupuncture Licensure Act, an acupuncture license authorizes the holder:
To engage in the practice of acupuncture [and] perform or prescribe the use of Asian massage, acupressure, breathing techniques, exercise, heat, cold, magnets, nutrition, diet, herbs, plant, animal, and mineral products, and dietary supplements to promote, maintain, and restore health.
For purposes of licensure, the Acupuncture Licensing Act also provides the following for purposes of scope of practice:
- “Acupuncture” is "the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electroacupuncture, cupping, and moxibustion."
- A “Magnet” is a mineral or metal that produces a magnetic field without the application of an electric current.
- “Plant, animal, and mineral products” are "naturally occurring substances of plant, animal, or mineral origin, except that it does not include synthetic compounds, controlled substances or dangerous drugs."
- “Dietary supplement” has the meaning as it does under federal law, except that dietary supplement does not include controlled substances or dangerous drugs as defined under state law.
The Acupuncture Licensure Act makes it is a misdemeanor to practice acupuncture or hold oneself out as being able to practice acupuncture, via titles or other methods, unless licensed as an acupuncturist, a physician and surgeon, a dentist, or a podiatrist, or otherwise authorized by law. The act also makes it unprofessional conduct for a licensed acupuncturist to use the title “Doctor” or the abbreviation “Dr.” unless the licensee possesses a license that allows it or has earned a doctorate degree from an approved program.
As of June 30, 2017, the CAB oversaw 11,981 licensed acupuncturists. During each of the last three Fiscal Years (FYs), the CAB issued an average of 536 initial licenses and renewed an average of 5,533 licenses.
The CAB’s mission statement, as stated in its 2013–2017 Strategic Plan, is:
To protect, benefit, and inform the people of California by exercising the licensing, regulatory, and enforcement mandates of the Acupuncture Licensure Act and Acupuncture Regulations.
Sunset Review Oversight Hearings. Beginning in 2017, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of seven regulatory entities and the DCA including: Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, CAB, Bureau of Automotive Repair, Professional Fiduciaries Bureau, Structural Pest Control Board, California Tax Education Council, and Dental Hygiene Committee of California.
The Committees conducted two oversight hearings in February and March. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.
Continued Regulation of Acupuncturists by the CAB. As noted in the 2018 Sunset Review Background Paper for the CAB, in the short amount of time since 2016, the CAB has shown an improved commitment to its mission and a willingness to work with the Legislature. This is demonstrated by the CAB’s recent decision to support legislation relating to the examination, progress on implementation of SB 1246 and AB 2190, and overall responsiveness. However, much of the CAB’s progress was made under prior board leadership. Half of the current CAB members are relatively new and there is still one vacant professional member position.
The CAB should also continue to seek ways to improve its structural budget deficit, CE auditing processes, and consumer outreach efforts, such as improving its relationships with stakeholder groups, exploring outstanding issues, and educating the public through ongoing stakeholder meetings.
Prior Related Legislation. AB 2190 (Salas), Chapter 667, Statutes of 2016 extended the operation of the CAB and the CAB's authority to appoint an executive officer until January 1, 2019; established processes for the CAB to assess the educational equivalency of license applicants who received their education outside the United States; and made clarifying changes.
AB 758 (Chau) of 2015 would have allowed acupuncture schools to receive approval from another accreditation agency recognized by the United States Department of Education (USDE) as an alternative to the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM); reauthorized the CAB to conduct site visits to acupuncture schools; and required the CAB to impose a fee for the site visits. NOTE: This bill failed passage in the Assembly Committee on Business and Professions.
SB 1246 (Lieu), Chapter 397, Statues of 2014, among other things, extended the CAB and the CAB’s authority to appoint an executive officer until January 1, 2017, and revised acupuncture program approval requirements, including removing the CAB's ability to perform site visits and adding ACAOM-approval as a requirement for acupuncture schools.
SB 1236 (Price), Chapter 332, Statutes of 2012 extended the sunset date for the CAB and other boards under the DCA and the term of the Board's Executive Officer by two years, until January 1, 2015, and made technical and clarifying changes to statutes governing CAB-approved acupuncture training programs.
AMENDMENTS:
- As noted under Issue #15 (Sunset Extension) of the 2018 Sunset Review Background Paper for the CAB, the "CAB should continue to regulate licensed acupuncturists order to protect the interests of the public. However, given the CAB’s inconsistent past and recent membership change, the CAB should be extended for two years with a reduced reporting requirement, unless the CAB and can demonstrate that the current progress and focus will continue."
Therefore, the bill should be amended as follows:
SECTION 1. Section 4928 of the Business and Professions Code is amended to read:
4928. (a) The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter.
(b) This section shall remain in effect only until January 1, 2023,2021, and as of that date is repealed.
(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2. Section 4934 of the Business and Professions Code is amended to read:
4934. (a) The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(b) This section shall remain in effect only until January 1, 2023,2021, and as of that date is repealed.
- Pursuant to Issue #14 (Technical Changes) of the 2018 Sunset Review Background Paper for the CAB, the CAB has submit a number of technical changes. Therefore, the bill should be amended as follows:
Insert the following related to the terms candidacy and pre-accreditation status to match the terms used by ACAOM:
Section 4927.5 of the Business and Professions Code is amended to read:
4927.5. (a) For purposes of this chapter, “approved educational and training program” means a school or college offering education and training in the practice of an acupuncturist that meets all of the following requirements:
(1) Offers curriculum that includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section.
(2) Has received full institutional approval under Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code in the field of traditional Asian medicine, or in the case of institutions located outside of this state, approval by the appropriate governmental educational authority using standards equivalent to those of Article 6 (commencing with Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.
(3) Meets any of the following:
(A) Is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine.
(B) Has been granted candidacy pre-accreditation status by the Accreditation Commission for Acupuncture and Oriental Medicine.
(C) Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Oriental Medicine within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted candidacy pre-accreditation status within three years of the date that letter was submitted.
(b) Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and Bureau of Private and Postsecondary Education of whether the board has approved the curriculum.
(c) This section shall become operative on January 1, 2017.
Insert the following related to clarifying the use of titles and representations, including that it is only prohibited to hold oneself out as an expert in acupuncture if also conveying the idea that the person is qualified to practice:
Section 4935 of the Business and Professions Code is amended to read:
4935. (a) (1) It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person who does not hold a current and valid license to practice acupuncture under this chapter or to hold himself or herself out as advertise as, or otherwise represent, as practicing or engaging in the practice of acupuncture.
(2) It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for any person to fraudulently buy, sell, or obtain a license to practice acupuncture, or to violate the provisions of this chapter.
(b) Notwithstanding any other law, any person, other than a physician and surgeon, a dentist, or a podiatrist, who is not licensed under this article but is licensed under Division 2 (commencing with Section 500), who practices acupuncture involving the application of a needle to the human body, performs any acupuncture technique or method involving the application of a needle to the human body, or directs, manages, or supervises another person in performing acupuncture involving the application of a needle to the human body is guilty of a misdemeanor.
(c) A person holds himself or herself out as engaging represents as engaging in the practice of acupuncture by the use of any title or description of services incorporating the words “acupuncture,” “acupuncturist,” “certified acupuncturist,” “licensed acupuncturist,” “Asian medicine,” “oriental medicine,” or any combination of those words, phrases, or abbreviations of those words or phrases, or by otherwise representing that he or she the person is trained, experienced, or an expert and qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complementary or integrative medicine associated with an Asian subgroup, including Chinese medicine. medicine, Japanese medicine, or Korean medicine.
(d) Subdivision (a) shall not prohibit a person from administering acupuncture treatment as part of his or her the person's educational training if he or she: the person:
(1) Is engaged in a course or tutorial program in acupuncture, as provided in this chapter; or
(2) Is a graduate of an approved educational and training program and participating in a postgraduate review course that does not exceed one year in duration at an approved educational and training program.
Insert the following to align requirements for clinical training with BPC § 4927.5(a)(1):
Section 4938 of the Business and Professions Code is amended to read:
4938. (a) (5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. On and after January 1, 1987, individuals with 800 or more hours of documented clinical training shall be deemed to have met this requirement. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.
Insert the following to clarify that, consistent with the CAB's current policies, the CAB should consult with all necessary healing arts boards for purposes of infection control guidelines:
Section 4955 of the Business and Professions Code is amended to read:
4955. (e) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Health Services developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with healing arts boards within Division 2 (commencing with Section 500), including the Medical Board of California, the California Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
Insert the following to clarify that a licensee must hang a wall license in each practice location, not a pocket card license:
Section 4961 of the Business and Professions Code is amended to read:
4961. (a) Every A person who is now or hereafter licensed to practice acupuncture in this state shall register, on forms prescribed by the Acupuncture Board, his or her the licensee's place of practice, or, if he or she the licensee has more than one place of practice, all of the places of practice. If the licensee has no place of practice, he or she the licensee shall notify the board of that fact. A person licensed by the board shall register within 30 days after the date of his or her licensure becoming licensed.
(b) An acupuncturist licensee shall post his or her the licensee's wall license in a conspicuous location in his or her the licensee's place of practice at all times. If an acupuncturist licensee has more than one place of practice, he or she the licensee shall obtain from the board a duplicate wall license for each additional location and post the duplicate wall license at each location.
(c) Any A licensee that changes the location of his or her the licensee's place of practice shall register each change within 30 days of making that change. In the event a licensee fails to notify the board of any change in the address of a place of practice within the time prescribed by this section, the board may deny renewal of licensure. An applicant for renewal of licensure shall specify in his or her the application whether or not there has been a change in the location of his or her the licensee's place of practice and, if so, the date of that change. The board may accept that statement as evidence of the change of address.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Discussed in Hearing
48SEC
Assembly Floor
48SEC
Senate Floor
1H
Senate Standing Committee on Appropriations
1MIN
Senate Standing Committee on Business, Professions and Economic Development
41SEC
Assembly Floor
1MIN
Assembly Standing Committee on Business and Professions
Bill Author
Bill Co-Author(s):
