BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1260
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          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          reconstituted with the nine-member board being repealed and a  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  








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          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 









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