BILL ANALYSIS ----------------------------------------------------------------------- |Hearing Date:July 6, 2009 |Bill No:AB | | |1260 | ----------------------------------------------------------------------- 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 AB 1260 Page 2 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 In January 2006, the Board was reconstituted with the nine-member Board being repealed and a new seven-member Board was created.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 On July 1, 2006, the Board sunseted and SB 248 (Figueroa, Chapter 659, Statutes of 2005), repealed the old Board and created a reconstituted Board of seven members.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 AB 1260 Page 3 Opposition: None on file as of June 29, 2009 Consultant: Rosielyn Pulmano