BILL NUMBER: SB 341	CHAPTERED  09/27/01

	CHAPTER  361
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2001
	PASSED THE SENATE  SEPTEMBER 12, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2001
	AMENDED IN ASSEMBLY  AUGUST 20, 2001

INTRODUCED BY   Senator Perata

                        FEBRUARY 20, 2001

   An act to amend Section 4937 of the Business and Professions Code,
relating to acupuncture.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 341, Perata.  Acupuncture.
   Existing law, the Acupuncture Licensure Act, lists certain
techniques and modalities that a licensed acupuncturist may use on
patients.
   This bill would expand the modalities available for use by a
licensed acupuncturist and specifically authorize the use of heat,
cold, diet, magnets, plant, animal, and mineral products, and dietary
supplements to promote, maintain, and restore health.  The bill
would define "magnet," "plant, animal, and mineral products," and
"dietary supplement."


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4937 of the Business and Professions Code is
amended to read:
   4937.  An acupuncturist's license authorizes the holder thereof:
   (a) To engage in the practice of acupuncture.
   (b) To perform or prescribe the use of oriental 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.
Nothing in this section prohibits any person who does not possess an
acupuncturist's license or another license as a healing arts
practitioner from performing, or prescribing the use of any modality
listed in this subdivision.
   (c) For purposes of this section, a "magnet" means a mineral or
metal that produces a magnetic field without the application of an
electric current.
   (d) For purposes of this section, "plant, animal, and mineral
products" means naturally occurring substances of plant, animal, or
mineral origin, except that it does not include synthetic compounds,
controlled substances or dangerous drugs as defined in Sections 4021
and 4022, or a controlled substance listed in Chapter 2 (commencing
with Section 11053) of Division 10 of the Health and Safety Code.
   (e) For purposes of this section, "dietary supplement" has the
same meaning as defined in subsection (ff) of Section 321 of Title 21
of the United States Code, except that dietary supplement does not
include controlled substances or dangerous drugs as defined in
Section 4021 or 4022, or a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code.