BILL NUMBER: AB 808	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 21, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 808, as amended, Fong.  Medical Board of California:
responsibility.   Acupuncture: license requirements.
 
   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.  
   This bill would require an applicant for a license to practice
acupuncture to also pass a practical examination administered by the
board.  
   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. 

   This bill would make a technical, nonsubstantive change to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 4938 of the   Business
and Professions Code  is amended to read: 
   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  and a practical examination
 administered by the board that tests the applicant's ability,
competency, and knowledge in the practice of an acupuncturist. The
written  examination   and practical
examinations  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. 
  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.