BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1488|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
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THIRD READING
Bill No: SB 1488
Author: Yee (D)
Amended: 4/30/12
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 5-2, 4/23/12
AYES: Price, Correa, Hernandez, Strickland, Vargas
NOES: Emmerson, Corbett
NO VOTE RECORDED: Negrete McLeod, Wyland
SUBJECT : Healing arts: traditional Chinese Medicine
traumatologist certification
SOURCE : Author
DIGEST : This bill establishes a "Traditional Chinese
Medicine Traumatology Council" as a nonprofit 501(c)(3)
organization for the purpose of developing standards for,
and certifying the practice of, traditional Chinese
Medicine traumatology and includes requirements for the
membership of the Council, for certification of
traumatologists, and protection of the title of "Certified
traditional Chinese Medicine traumatologist," and prohibits
the practice of medicine or chiropractic practice.
ANALYSIS : Existing law:
1. Establishes the California Acupuncture Board within the
Department of Consumer Affairs, which licenses and
regulates the acupuncture profession pursuant to the
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Acupuncture Licensure Act. (Business and Profession
Code (BPC) Section 4925)
2. Defines an acupuncturist as an individual who has been
licensed to practice acupuncture pursuant to the
Acupuncture Licensure Act. Defines acupuncture as 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. (BPC Section 4927)
3. States that a licensed acupuncturist is authorized to do
the following:
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,
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 of these modalities, as
specified. (BPC Section 4937)
4. Provides for certification of massage practitioners and
massage therapists, as defined, by a Massage Therapy
Organization (MTO) and specifies that the MTO is a
nonprofit organization meeting specified requirements,
and imposes certain duties on the MTO. (BPC Sections
4600 (e), 4600.5 (a) and (b)(2))
5. Provides that the MTO is to be governed by a board of
directors selected from various related groups,
organizations and entities, including law enforcement,
involved with both the business and practice of massage
therapy. (BPC Section 4600.5 (b)(1))
6. Requires the MTO to issue either a "massage
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practitioner" certificate or a "massage therapist"
certificate to an applicant, who submits a written
application and provides satisfactory evidence that
he/she meets all of the specified education, experience
or examination requirements, or has a current valid
license from a local jurisdiction and meets other
education and/or experience requirements. (BPC Section
4601 (b))
7. Provides for various grounds for discipline against a
certificate holder or for denial of a certificate to an
applicant, including: unprofessional conduct;
procurement of certificate by fraud; misrepresentation
or mistake; conviction of a felony or misdemeanor
substantially related to their qualifications, functions
or duties, or committing any fraudulent, dishonest, or
corrupt act that is substantially related; and,
committing any act punishable as a sexually related
crime. (BPC Section 4603)
8. Provides that it is an unfair business practice for any
person to state or advertise or put out any sign or card
or other device, or to represent to the public through
any print or electronic media, that he/she is certified,
registered, or licensed by a governmental agency as a
massage therapist or practitioner. (BPC Section 4605)
9. Provides that it is an unfair business practice for any
person to use the title of "certified massage therapist"
or certified massage practitioner" or any other term,
such as "licensed," "registered," or "CMT," that implies
or suggest that the person is certified as a massage
therapist or practitioner without meeting the
requirements as specified. (BPC Section 4606)
10.Establishes the State Board of Chiropractic Examiners
which licenses and regulates the chiropractic profession
pursuant to the Chiropractic Act. (Chiropractic
Initiative Act, Section 1, adopted by the electors
November 7, 1922)
11.Makes the unlawful practice of medicine a public offense
with both misdemeanor or felony penalty provisions which
would apply. (BPC Section 2052)
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This bill:
1. Defines a "Certified traditional Chinese Medicine
traumatologist" as a person who has been certified by
the Traditional Chinese Medicine Traumatology Council
(Council) to perform traditional Chinese Medicine
traumatology.
2. Defines "Traditional Chinese Medicine traumatology" as
including a range of treatments to address both acute
and chronic musculoskeletal conditions, as well as many
nonmusculoskeletal conditions, and techniques including,
but 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.
3. Establishes the "Traditional Chinese Medicine
Traumatology Council" as a nonprofit tax exempt
501(c)(3) organization for the purpose of developing
standards for, and certifying the practice of,
traditional Chinese Medicine traumatology. Specifies
the Council may commence the activities authorized by
the bill after submitting a request to the Internal
Revenue Service seeking the exception.
4. Provides that the Council shall consist of seven
members, composed of three representatives from the
clinical settings of traumatology, two representatives
from the California Orthopaedic Association, and one
representative each from the Medical Board of California
and the California Medical Association.
5. Provides that the representatives from the clinical
settings of traumatology shall be selected by
professional societies, associations, or other entities,
as specified, whose membership are comprised solely of
practitioners of traditional Chinese Medicine
traumatology.
6. Provides that the Council shall meet and confer to
determine the certification standards, including the
level of experience and training needed for an
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individual to qualify for traditional Chinese Medicine
traumatology certification.
7. Provides that the Council shall issue a certificate for
certified traditional Chinese Medicine traumatology to a
person who meets the following requirements, and as
determined pursuant to the standards developed by the
Council:
A. Is at least 18 years of age.
B. Furnishes satisfactory evidence of training and
clinical experience that meets the standards
established by the Council.
C. Is not subject to denial for specified reasons.
8. Provides that an individual who is not qualified to
receive a certificate under this bill, or who fails to
apply for certification, shall not hold himself/herself
our as a certified traditional Chinese Medicine
traumatologist.
9. Requires a certified traditional Chinese Medicine
traumatologist, when engaging in traditional Chinese
Medicine traumatology manipulation techniques to realign
the musculoskeletal and ligamentous relationships, shall
be supervised by a physician and surgeon who has
completed an orthopaedic residency program, and provides
that the relationship between a traditional Chinese
Medicine traumatologist and orthopedic surgeon regarding
those manipulation techniques shall be determined by the
Council after the qualifications necessary for
certification are defined and adopted by the Council.
10.Prohibits a certified traditional Chinese Medicine
traumatolgist from practicing medicine, as defined.
11.Prohibits a certified traditional Chinese Medicine
traumatologist from practicing the scope of activities
regulated by the State Board of Chiropractic Examiners.
12.Provides that a person may file an application for
traditional Chinese Medicine traumatology certification
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commencing January 1, 2013 and until December 15, 2015,
but that on or after December 16, 2015, the Council
shall not issue certification to an applicant, and that
on or after December 16, 2013, the Council may only
issue a renewal for certification and every two years
thereafter.
13.Provides that an individual who is not qualified to
receive a certificate or who fails to apply for a
certification by December 13, 2013, shall not represent
himself/herself as a certified traditional Chinese
Medicine traumatologist.
14.Specifies that the initial application fee for the
certificate shall be $200 and the renewal fee shall be
$100 and that moneys received shall be utilized by the
Council to pay for the costs associated with
administering this bill.
15.Provides that it is unfair business practice for any
person represent himself/herself as a certified
traditional Chinese Medicine traumatologist or use the
title "certified traditional Chinese Medicine
traumatologist" without meeting the requirements of this
bill.
16.Specifies that it is a violation of this bill for a
certified traditional Chinese Medicine traumatologist to
commit, and the Council may deny an application for
certification or suspend or revoke a certificate for,
any of the following:
A. Unprofessional conduct, including denial of
licensure or certification, revocation, suspension,
restriction, or any other disciplinary action against
a certificate holder by another state or territory of
the United States, by any other governmental agency,
or by another entity.
B. Procuring a certificate by fraud,
misrepresentation, or mistake.
C. Violating or attempting to violate, directly or
indirectly, any provision of this bill or bylaw
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adopted by the Council.
D. Conviction of any felony, or conviction of a
misdemeanor that is related to the qualification or
duties of the certificate holder.
E. Impersonating an applicant or acting as a proxy
for an applicant in any part of the application
process or any part of satisfying the standards set
by the Council.
F. Impersonating a certified traditional Chinese
Medicine traumatologist, or permitting or allowing an
uncertified person to use a certificate.
G. Committing any fraudulent, dishonest, or corrupt
act that is substantially related to the
qualifications or duties of a certificate holder.
H. Committing any act punishable as a sexually
related crime.
17.Specifies that this bill sunsets on January 1, 2017.
Background
According to the National Institutes of Health's (NIH)
National Center for Complementary and Alternative Medicine
(Center), Traditional Chinese Medicine (TCM) originated in
ancient China and has evolved over thousands of years. TCM
practitioners use herbs and other methods to treat a wide
range of conditions. In the United States, TCM is
considered part of complementary and alternative medicine.
Herbal remedies and acupuncture are the treatments most
commonly used by TCM practitioners. Other TCM practices
include cupping, mind-body therapy and dietary therapy.
Although TCM is used by the American public, scientific
evidence of its effectiveness is, for the most part,
limited. Acupuncture has the largest body of evidence and
is considered safe if practiced correctly." In 1996, the
U.S. Food and Drug Administration (FDA) approved
acupuncture needles for use by licensed practitioners. The
FDA requirements stipulate that the needles must be
sterile, nontoxic, and labeled for single use only by
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qualified practitioners. In the past two decades,
acupuncture's popularity has grown in the U.S.. According
to the 2002 National Health Interview Survey, the largest
and most comprehensive survey of complementary and
alternative medicine, an estimated 8.2 million adults have
used acupuncture.
Traumatology is one of the modalities that constitute TCM.
Before China systemized their health care system,
individuals acquired their mastery of traumatology through
a master-apprentice relationship. These practitioners
learned from a master through hands-on training. Although
highly skilled, it is extremely difficult for these
practitioners to obtain proof of their training to qualify
for the existing requirement for licensure as an
acupuncturist." As indicated, the practice of TCM
traumatology as including a range of treatments to address
both acute and chronic musculoskeletal conditions, as well
as many nonmusculoskeletal conditions, and techniques
including, but 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. Methods and treatment also
used in the practice of TCM traumatology may also include
the use of wide range of hands-on body treatment, including
traction and massage, and, involves manipulation techniques
to realign the musculoskeletal and ligamentous
relationships; a technique called bone setting.
It should be noted that the term "traumatology" is also
defined as the study of wounds and injuries caused by
accidents or violence to a person, and the surgical therapy
and repair of the damage, and is considered as a branch of
medicine. It is often considered a subset of surgery and
in countries with the specialty of trauma surgery it is
most often a sub-specialty to orthopedic surgery.
Traumatology may also be known as accident surgery.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/1/12)
American Association of Acupuncture and Traditional Chinese
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Medicine
American Chinese Cultural Exchange and Trading Association
American Traditional Chinese Medical Traumatology
Association
California Acupuncture Medical Association
California TCM University Alumni Association and Institute
of TCM Seminars
Chi Wan Mok Traditional Chinese Medical Center
Chinese Culture and Health Center
Ching's Chinese Medical and Therapy Center
David Lu Traditional Chinese Medical Center
Deng Shao Ji Chinese Medical Center
Dian Gui Liu Chinese Herbal Medical Center
Gee Association
GL Health and Herbs Service Center
Hai Feng Chinese Herbal Center
Hai Feng Traditional Chinese Medical Center
Ho Ying Heng Traumatology Center
Hoy-Sun Ning Yung Benevolent Association in America
Huang's Traditional Chinese Medical Center
Hung Yue Louie Chinese Medical Acupuncture Center
Jian Zheng's Chinese Medical Center
Jiang Die Liang Chinese Medical Center
Jiang's Wellness Center
Johson Herb Services
Kang Hua Chinese Herbal Center
Kwong Tim Leung Traditional Chinese Medical Center
Las Tunas Acupuncture and Herbs Pain Relief Center
Liang's Traditional Chinese Medical Center
Nathan Lee Traditional Chinese Medical Center
Numerous Groups and Individuals, including Traumatologists
and Acupuncturists
Peng Tsing Tong Chinese Medical Center
RiYing Gong Traditional Chinese Medical Center
S.H. Body Therapy
Shu Lin Han Traditional Chinese Medical Center
Sidra Yoy Wu Chinese Medical Center
Simon Tang Chinese Medical Center
Soo Yuen Benevolent Association
Tim Lee Traditional Chinese Medical Center
Tony's Pain Medical Center
Toy's American Traditional Chinese Medical Center
Traditional Chinese Medical Center
Wang Guo Zhu Traditional Chinese Medical Center
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William Wu Traditional Chinese Medical Center
Wong Family Benevolent Association
Wong Man Keung Traditional Chinese Medical Center
Wong's Traditional Chinese Medical and Traumatology Center
Yu's Herbal Chinese Medical Center
OPPOSITION : (Verified 5/7/12)
American College of Traditional Chinese Medicine
California Acupuncture Coalition (which includes):
Association of Korean Asian Medicine and Acupuncture
California Alliance of Acupuncture Medicine
California Certified Acupuncture Association
California State Oriental Medical Association
Japanese Acupuncture Association of California
United California Practitioners of Chinese Medicine
California Orthopaedic Association
Five Branches University
Pacific College of Oriental Medicine
Southern California University of Health Sciences
ARGUMENTS IN SUPPORT : According to the author's office,
creation of this certification program will provide a
pathway for skilled traditional Chinese Medicine
traumatologists to receive recognition as one of the
participants in the health care of the public. Traditional
Chinese Medicine traumatology, like acupuncture, takes a
holistic approach to the body with a complete theoretical
system that has provided cure to people for centuries. A
group of such practitioners exist in the State of
California and have been providing care to the public for
more than 50 years to date. The intent of this bill is to
allow some oversight of this practice to ensure public
safety and to give people confidence and assurances, that
for those traumatologists who are certified, they have met
certain standards and requirements to call themselves a
"Certified traditional Chinese Medicine traumatologist."
ARGUMENTS IN OPPOSITION : The California Acupuncture
Coalition (CAC) is opposed to this bill for the following
reasons:
1. This bill will create consumer confusion and endanger
the reputation of existing California licensed
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acupuncturists by using the terms "Chinese medicine" and
"traditional Chinese medicine." Both of these terms are
internationally recognized by entities such as the World
Health Organization and the NIH in conjunction with the
acupuncture and Asian medicine professions not with
traumatology.
2. TCM traumatologists would be certified with absolutely
no required certification examination - written or
practical. CAC indicates that they are not aware of any
other health field licensed or certified by the State of
California that is exempt from an examination to
objectively measure essential knowledge, skills, and
abilities required of entry-level practitioners and that
the absence of certification examination poses a
significant threat to consumer safety.
JJA:kc 5/7/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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