Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 808

Introduced by Assembly Member Fong

February 21, 2013

An act to amend Section begin delete 2004 end delete begin insert 4938 end insert of the Business and Professions Code, relating to begin delete medicine end delete begin insert acupuncture end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 808, as amended, Fong. begin delete Medical Board of California: responsibility. end delete begin insert Acupuncture: license requirements. end insert

begin insert

Existing law, the Acupuncture Licensure Act, provides for an Acupuncture Board within the Department of Consumer Affairs to license and regulate the practice of acupuncture. Existing law requires the board to issue a license to practice acupuncture to a person who files an application, pays a fee, and meets specified criteria, including taking a written examination and completing a clinical internship program.

end insert begin insert

This bill would require an applicant for a license to practice acupuncture to also pass a practical examination administered by the board.

end insert begin delete

The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California, and specifies the board’s responsibilities in this regard.

end delete begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4938 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

4938.  

The board shall issue a license to practice acupuncture
to any person who makes an application and meets the following
requirements:

(a) Is at least 18 years of age.

(b) Furnishes satisfactory evidence of completion of one of the
following:

(1) An educational and training program approved by the board
pursuant to Section 4939.

(2) Satisfactory completion of a tutorial program in the practice
of an acupuncturist which is approved by the board.

(3) In the case of an applicant who has completed education
and training outside the United States and Canada, documented
educational training and clinical experience which meets the
standards established pursuant to Sections 4939 and 4941.

(c) Passes a written examination begin insert and a practical examination end insert
administered by the board that tests the applicant’s ability,
competency, and knowledge in the practice of an acupuncturist.
The written begin delete examination end delete begin insert and practical examinations end insert shall be
developed by the Office of Professional Examination Services of
the Department of Consumer Affairs.

(d) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).

(e) Completes a clinical internship training program approved
by the board. The clinical internship training program shall not
exceed nine months in duration and shall be located in a clinic in
this state, which is approved by the board pursuant to Section 4939.
The length of the clinical internship shall depend upon the grades
received in the examination and the clinical training already
satisfactorily completed by the individual prior to taking the
examination. On and after January 1, 1987, individuals with 800
or more hours of documented clinical training shall be deemed to
have met this requirement. The purpose of the clinical internship
training program shall be to ensure a minimum level of clinical
competence.

Each applicant who qualifies for a license shall pay, as a
condition precedent to its issuance and in addition to other fees
required, the initial licensure fee.

begin delete

SECTION 1.  

Section 2004 of the Business and Professions
Code is amended to read:

2004.  

The board shall have the responsibility for all of the
following:

(a) The enforcement of the disciplinary and criminal provisions
of the Medical Practice Act.

(b) The administration and hearing of disciplinary actions.

(c) Carrying out disciplinary actions appropriate to findings
made by a panel or an administrative law judge.

(d) Suspending, revoking, or otherwise limiting certificates after
the conclusion of disciplinary actions.

(e) Reviewing the quality of medical practice carried out by
physician and surgeon certificate holders under the jurisdiction of
the board.

(f) Approving undergraduate and graduate medical education
programs.

(g) Approving clinical clerkship and special programs and
hospitals for the programs in subdivision (f).

(h) Issuing licenses and certificates under the board’s
jurisdiction.

(i) Administering the board’s continuing medical education
program.

end delete