Bill Text: CA SB1246 | 2013-2014 | Regular Session | Chaptered
Bill Title: Acupuncture.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-17 - Chaptered by Secretary of State. Chapter 397, Statutes of 2014. [SB1246 Detail]
Download: California-2013-SB1246-Chaptered.html
BILL NUMBER: SB 1246 CHAPTERED
BILL TEXT
CHAPTER 397
FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2014
APPROVED BY GOVERNOR SEPTEMBER 17, 2014
PASSED THE SENATE AUGUST 28, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 19, 2014
AMENDED IN ASSEMBLY JUNE 15, 2014
AMENDED IN SENATE APRIL 23, 2014
INTRODUCED BY Senator Lieu
(Principal coauthor: Assembly Member Bonilla)
FEBRUARY 20, 2014
An act to amend Sections 4928, 4934, 4935, 4938, 4944, 4949, and
4970 of, to amend and repeal Section 4973 of, to amend, repeal, and
add Section 4939 of, to add Section 4933.5 to, and to add and repeal
Section 4927.5 of, the Business and Professions Code, relating to
acupuncture.
LEGISLATIVE COUNSEL'S DIGEST
SB 1246, Lieu. Acupuncture.
(1) Existing law, the Acupuncture Licensure Act, provides for the
licensure and regulation of the practice of acupuncture by the
Acupuncture Board, within the Department of Consumer Affairs.
Existing law authorizes the board, with the approval of the Director
of Consumer Affairs, to employ personnel necessary to administer the
Acupuncture Licensure Act, including an executive officer who is
exempt from civil service. Existing law repeals the provisions
establishing the board and authority for it to employ personnel on
January 1, 2015.
This bill would remove the repeal date with respect to the board's
authority to employ personnel. The bill would also extend the
operation of the board and the board's authority to appoint an
executive officer exempt from civil service until January 1, 2017.
(2) Existing law requires the board to establish standards for the
approval of schools and colleges offering education and training in
the practice of an acupuncturist, as specified. Existing law requires
a school or college approved by the board, within 3 years of board
approval, to receive full institutional approval to operate from the
Bureau for Private Postsecondary Education or comparable approval by
a governmental authority outside of the state, as applicable.
Existing law requires the board to issue a license to practice
acupuncture to a person who files an application, pays a fee, and
among other requirements, completes an educational and training
program approved by the board.
This bill would delete the requirement that schools and colleges
offering education and training in the practice of an acupuncturist
obtain those approvals within 3 years of board approval. Commencing
January 1, 2017, the bill would eliminate the requirement that the
board approve those schools and colleges offering education and
training in the practice of an acupuncturist and would instead define
an "approved educational and training program," for purposes of
licensure as an acupuncturist, as a school or college that: (A)
offers curriculum that has been submitted to and approved by the
board and 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; (B) is approved by the Bureau for
Private Postsecondary Education or is the appropriate out-of-state
governmental educational authority; and (C) is accredited or granted
candidacy status by the Accreditation Commission for Acupuncture and
Oriental Medicine, or has submitted a letter of intent to pursue
accreditation to that commission, as specified.
This bill would require the board, within 30 days of receiving
curriculum submitted by a school or college pursuant to these
provisions, to review the curriculum, determine whether the
curriculum satisfies the board's requirements, and notify the school
or college, the Accreditation Commission for Acupuncture and Oriental
Medicine, and the Bureau for Private Postsecondary Education of
whether the board has approved the curriculum. The bill would
authorize the board to review and evaluate the educational training
and clinical experience of a school or college that has submitted a
letter of intent to pursue accreditation to, or was granted candidacy
status by, the commission, but was subsequently denied candidacy
status or accreditation, respectively, by the commission, to
determine whether to waive the requirement that an applicant who
attended that program complete an approved educational and training
program.
This bill would also require the board to establish standards for
the approval of educational training and clinical experience received
outside the United States and Canada, and would make related
conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4927.5 is added to the Business and Professions
Code, to read:
4927.5. (a) For purposes of this chapter, "approved educational
and training program" means a program approved by the board pursuant
to Section 4939.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. Section 4927.5 is added to the Business and Professions
Code, 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.
(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 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 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.
SEC. 3. 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,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
(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. 4. Section 4933.5 is added to the Business and Professions
Code, to read:
4933.5. The board, by and with the approval of the director, may
employ personnel necessary for the administration of this chapter.
SEC. 5. 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,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 6. 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
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 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, or an expert in the field of
acupuncture, Asian medicine, or Chinese 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:
(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.
SEC. 7. Section 4938 of the Business and Professions Code is
amended to read:
4938. The board shall issue a license to practice acupuncture to
any person who makes an application and meets the following
requirements:
(a) Is at least 18 years of age.
(b) Furnishes satisfactory evidence of completion of one of the
following:
(1) (A) An approved educational and training program.
(B) If an applicant began his or her 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.
(2) Satisfactory completion of a tutorial program in the practice
of an acupuncturist which is approved by the board.
(3) In the case of an applicant who has completed education and
training outside the United States and Canada, documented educational
training and clinical experience that meets the standards
established pursuant to Sections 4939 and 4941.
(c) Passes a written examination administered by the board that
tests the applicant's 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.
(d) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
(e) 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, which 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.
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. 8. Section 4939 of the Business and Professions Code is
amended to read:
4939. (a) The board shall establish standards for the approval of
schools and colleges offering education and training in the practice
of an acupuncturist, including standards for the faculty in those
schools and colleges, completion of which will satisfy the
requirements of Section 4938.
(b) Standards for the approval of schools and colleges described
in subdivision (a) shall include a minimum of 3,000 hours of study in
curriculum pertaining to the practice of an acupuncturist. This
subdivision shall apply to all students entering programs on or after
January 1, 2005.
(c) Each school or college approved by the board shall receive
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,
or the board's approval of the program shall automatically lapse.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 9. Section 4939 is added to the Business and Professions
Code, to read:
4939. (a) The board shall establish standards for the approval of
educational training and clinical experience received outside the
United States and Canada.
(b) This section shall become operative on January 1, 2017.
SEC. 10. Section 4944 of the Business and Professions Code is
amended to read:
4944. (a) The board shall have the authority to investigate and
evaluate each and every applicant applying for a license to practice
acupuncture and to make the final determination of the admission of
the applicant to the examination, or for the issuance of a license,
in conformance with the provisions of this chapter.
(b) The board shall investigate and evaluate each school or
college applying for approval under Section 4939 and may utilize and
contract with consultants to evaluate those training programs. This
subdivision shall become inoperative on January 1, 2017.
(c) The board may delegate to the executive officer or other
official of the board its authority under this section in routine
matters.
SEC. 11. Section 4949 of the Business and Professions Code is
amended to read:
4949. The provisions of this chapter shall not prohibit an
acupuncturist from another state or country, who is not a licensed
acupuncturist in this state, who is the invited guest of a
professional acupuncture association or scientific acupuncture
foundation, an approved educational and training program, or a
continuing education provider that is approved under Section 4945,
solely from engaging in professional education through lectures,
clinics, or demonstrations. The guest acupuncturist may engage in the
practice of acupuncture in conjunction with these lectures, clinics,
or demonstrations for a maximum of six months, but may not open an
office or appoint a place to meet patients or receive calls from
patients or otherwise engage in the practice of acupuncture.
SEC. 12. Section 4970 of the Business and Professions Code is
amended to read:
4970. The amount of fees prescribed for licensed acupuncturists
shall be those set forth in this section unless a lower fee is fixed
by the board in accordance with Section 4972:
(a) The application fee shall be seventy-five dollars ($75).
(b) The examination and reexamination fees shall be the actual
cost to the Acupuncture Board for the development and writing of,
grading, and administering of each examination.
(c) The initial license fee shall be three hundred twenty-five
dollars ($325), except that if the license will expire less than one
year after its issuance, then the initial license fee shall be an
amount equal to 50 percent of the initial license fee.
(d) The renewal fee shall be three hundred twenty-five dollars
($325) and in the event a lower fee is fixed by the board, shall be
an amount sufficient to support the functions of the board in the
administration of this chapter. The renewal fee shall be assessed on
an annual basis until January 1, 1996, and on and after that date the
board shall assess the renewal fee biennially.
(e) The delinquency fee shall be set in accordance with Section
163.5.
(f) The application fee for the approval of a school or college
under Section 4939 shall be three thousand dollars ($3,000). This
subdivision shall become inoperative on January 1, 2017.
(g) The duplicate wall license fee is an amount equal to the cost
to the board for the issuance of the duplicate license.
(h) The duplicate renewal receipt fee is ten dollars ($10).
(i) The endorsement fee is ten dollars ($10).
(j) The fee for a duplicate license for an additional office
location as required under Section 4961 shall be fifteen dollars
($15).
SEC. 13. Section 4973 of the Business and Professions Code is
amended to read:
4973. (a) A fee for the inspection or reinspection of a school or
college of acupuncture for purposes of approval or continued
approval shall be charged at an amount to recover the direct costs
incurred by the board in conducting that inspection and evaluation of
the school or college.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
