BILL ANALYSIS                                                                                                                                                                                                    







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        |Hearing Date:July 6, 2009          |Bill No:AB                         |
        |                                   |1260                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                         Senator Gloria Negrete McLeod, Chair

                         Bill No:        AB 1260Author:Huffman
                          As Amended:April 20, 2009Fiscal: No

        
        SUBJECT:  Acupuncture.
        
        SUMMARY:  Changes the number of members required to establish a quorum  
        to conduct business for the California Acupuncture Board (Board) from  
        five to four members, including at least one acupuncturist.

        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 that the Board is comprised of seven members, made up of  
          three acupuncturists and four public members.  States that 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.

        This bill changes the number of members required to establish a quorum  
        to conduct business for the California Acupuncture Board (Board) from  
        five to four members, including at least one acupuncturist.

        
        FISCAL EFFECT:  Unknown.  This bill has been keyed "non fiscal" by  
        Legislative Counsel.

        
        COMMENTS:
        
        1)Purpose.  According to the  California Acupuncture Board  , the Sponsor  





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          of this measure, this bill is necessary for the Board to conduct  
          business.  The Author states that in January 2003, legislation went  
          into effect changing the 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 Board was  
          reconstituted with the nine-member Board being repealed and a new  
          seven-member Board was created.  However, no change was made to the  
          quorum requirement when the Board membership was reduced.  The  
          Author further points that that if there are vacancies on the Board  
          and/or if one member is unable to make a meeting, there is a  
          potential for not having a quorum to conduct business.  Two meetings  
          had to be cancelled last year due to the lack of a quorum.

        2)Background.  Prior to 2006, the Acupuncture License Act provided  
          that the Board would consist of nine members.  On July 1, 2006, the  
          Board sunseted and  SB 248  (Figueroa, Chapter 659, Statutes of 2005),  
          repealed the old Board and created a reconstituted Board of seven  
          members.  Three of the seven members of the Board must be  
          acupuncturists with at least five years of experience in acupuncture  
          and four of the members shall be public members who do not hold a  
          license or certificate as a physician and surgeon or acupuncturist.   
          The Governor appoints the three acupuncturist members and two of the  
          public members, subject to the confirmation of the State Senate.   
          The Senate Rules Committee and the Speaker of the Assembly each  
          appoint a public member.  Each of the members serve a 
        four-year term.  

        Although the Board was reconstituted in 2006, the number of members  
          required to establish a quorum remained at five members.  Subsequent  
          legislation extending the sunset date of the Board did not change  
          this quorum requirement.

        3)Prior Legislation.   SB 248  (Figueroa, Chapter 659, Statutes of  
          2005), appointed a new Board with seven members, and sunseted the  
          Board on July 1, 2008.  

         SB 963  (Ridley-Thomas) further extended the sunset date of the Board  
          to January 1, 2011.

        
        SUPPORT AND OPPOSITION:
        
         Support:  

        California Acupuncture Board (Sponsor)
        Council of Acupuncture and Oriental Medicine Associations





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         Opposition:  

        None on file as of June 29, 2009



        Consultant: Rosielyn Pulmano