BILL NUMBER: SB 628	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 18, 2011

   An act to amend Sections 4925, 4927, and 4937 of the Business and
Professions Code, relating to acupuncture.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 628, as introduced, Yee. Acupuncture: regulation.
   Existing law, the Acupuncture Licensure Act, establishes the
Acupuncture Board and makes it responsible for enforcing and
administering the act, including licensing persons who meet specified
licensure requirements. Under the act, licensees are titled
"acupuncturists," and are authorized to perform designated activities
pursuant to their license.
   This bill would retitle the designation "acupuncturist" to Doctor
of Traditional Chinese Medicine and would expand the scope of
authorized activities for these practitioners under their license to
include the performance of traumatology, as defined.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4925 of the Business and Professions Code is
amended to read:
   4925.  (a) This chapter constitutes the chapter on acupuncture of
the Business and Professions Code.
   This chapter shall be known and may be cited as the Acupuncture
Licensure Act. Whenever a reference is made to the Acupuncture
Licensure Act by the provisions of any statute, it is to be construed
as referring to the provisions of this chapter.
   (b) Any reference in this chapter, or to the regulations
pertaining thereto, to "certificate" or "certification" shall
hereafter mean "license" or "licensure." Any reference to the term
"certifying" means "licensing," and the term "certificate holder"
means "licensee." Any reference to the "Acupuncture Committee" or
"committee" means the "Acupuncture Board" or "board." 
   (c) The title "acupuncturist," as applied to an individual to whom
a license has been issued to practice acupuncture pursuant to this
chapter that is in effect and is not suspended or revoked, is renamed
Doctor of Traditional Chinese Medicine. Any reference by the
provisions of this chapter, this code or other codes, or in any
statute or regulation to an acupuncturist shall be deemed a reference
to a Doctor of Traditional Chinese Medicine. 
  SEC. 2.  Section 4927 of the Business and Professions Code is
amended to read:
   4927.  As used in this chapter, unless the context otherwise
requires:
   (a) "Board" means the Acupuncture  "Board".  
Board. 
   (b) "Person" means any individual, organization, or corporate
body, except that only individuals may be licensed under this
chapter.
   (c) "Acupuncturist" means an individual to whom a license has been
issued to practice acupuncture pursuant to this chapter, which is in
effect and is not suspended or revoked.  Any reference to
acupuncturist in this chapter, this code or other codes, or in any
statute or regulation shall be deemed to mean a Doctor of Traditional
Chinese Medicine. 
   (d) "Acupuncture" means the stimulation of a certain point or
points on or near the surface of the body by the insertion of needles
to prevent or modify the perception of pain or to normalize
physiological functions, including pain control, for the treatment of
certain diseases or dysfunctions of the body and includes the
techniques of electroacupuncture, cupping, and moxibustion.
  SEC. 3.  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 Asian 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) To practice traumatology. Traumatology includes a range of
treatments to address both acute and chronic musculoskeletal
conditions, as well as many nonmusculoskeletal conditions. Techniques
include, but are not limited to, brushing, kneading, rolling,
pressing, and rubbing the areas between each of the joints to open
the body's defensive chi and stimulate the energy movement in both
meridians and the muscles so that the licensee is able to use range
of motion, traction, and massage with the stimulation of acupuncture
points.  
   (c) 
    (d)  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) 
    (e)  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) 
    (f)  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.