BILL ANALYSIS AB 1260 Page 1 ASSEMBLY THIRD READING AB 1260 (Huffman) As Amended April 20, 2009 Majority vote BUSINESS & PROFESSIONS 8-2 ----------------------------------------------------------------- |Ayes:|Hayashi, Conway, Eng, | | | | |Hernandez, Nava, John A. | | | | |Perez, Ruskin, Smyth | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Emmerson, Niello | | | | | | | | ----------------------------------------------------------------- SUMMARY : Specifies that four members of the Acupuncture Board (Board) constitute a quorum to conduct business. EXISTING LAW : 1)Provides for the licensure and regulation of the practice of acupuncture and establishes the Board to enforce and administer these provisions. 2)Specifies the Board is comprised of seven members - three acupuncturists and four public members - and five members constitute a quorum to conduct business. 3)Requires an affirmative vote of a majority of those present at a meeting of the Board to take any action or pass any motion. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal. COMMENTS : According to the author's office, "In January 2003, legislation went into effect changing the Acupuncture Board quorum requirement from 'a majority of the appointed members' to 'five members.' At that time, the Board consisted of nine members. In January 2006, the Acupuncture Board was reconstituted with the nine-member board being repealed and a new seven-member board created. No change was made to the quorum requirement when the board membership was reduced. This change is necessary for the board to conduct business. If there AB 1260 Page 2 are vacancies on the board and/or if one member is unable to make a meeting, there is the potential for not having a quorum to conduct business. Two meetings had to be cancelled last year due to not having a quorum." Prior to its repeal in 2006, the then nine member Board consisted of the following members: three acupuncturists with at least five years of experience and not licensed as physicians and surgeons; one acupuncturist who is also a faculty member of any board approved acupuncture college; one member licensed physician and surgeon with at least two years acupuncture experience; and, four public members who are not licensed as a physician and surgeon or an acupuncturist. The current seven member Board, which sunsets on January 1, 2011, unless extended, consists of three acupuncturists with at least five years of experience in acupuncture and four public members who do not hold a license or certificate as a physician and surgeon or acupuncturist. The three acupuncturists are appointed by the Governor, and are to represent a cross section of the cultural backgrounds of licensed members of the acupuncturist profession. Since the beginning of 2008, there are only five members actually appointed to the Board - three public members and two acupuncturists. According to the meeting agendas published by the Board, it met three times in 2008 and cancelled one meeting. The Board met five times in 2007, including one special meeting via teleconference, and met four times in 2006. The Board is scheduled to meet four times in 2009. SB 821 (Business, Professions and Economic Development Committee) provides, among other things, that four members of the Board, including at least one acupuncturist, shall constitute a quorum. SB 248 (Figueroa), Chapter 659, Statutes of 2005 repealed the nine member Board effective January 1, 2006, and created a new board of seven members with a revised membership. Analysis Prepared by : Whitney Clark / B. & P. / (916) 319-3301 AB 1260 Page 3 FN: 0000467