Amended in Senate April 9, 2013

Senate Bill No. 218

Introduced by Senator Yee

February 11, 2013

An act begin insert to amend Sections 4935, 4955, 4955.1, 4955.2, 4956, 4960.2, 4961, 4965, 4966, 4967, and 4969 of, to add Section 4964.5 to, and to add Article 3 (commencing with Section 4950) to Chapter 12 of Division 2 of, the Business and Professions Code, end insert relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 218, as amended, Yee. Healing arts.

begin insert

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. The unlawful practice of acupuncture, as specified, is a crime.

end insert begin insert

This bill would, commencing May 1, 2014, require the board to issue a certificate to practice as a traditional Chinese medicine traumatologist to an applicant who meets certain education, training, and clinical experience requirements and pays a specified fee. This bill would require the board to establish the California Traditional Chinese Medicine Traumatology Committee to provide advice and carry out specified duties, including investigation and evaluation of whether an applicant meets those education, training, and clinical experience requirements.

end insert begin insert

The bill would set forth procedures for the renewal of an unexpired or expired certificate to perform traditional Chinese medicine traumatology and would establish specified fees in that regard.

end insert begin insert

This bill would make it an unfair business practice to use the title of “certified traditional Chinese medicine traumatologist” without meeting these certification requirements and would authorize the board to suspend or revoke a certificate for unprofessional conduct, certain fraudulent acts, or specified crimes committed by the certificate holder. The bill would also make it a crime to use the title of “certified traditional Chinese medicine traumatologist” without meeting these certification requirements and to fraudulently buy or sell a certificate for traditional Chinese medicine traumatology, thereby imposing a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law provides for the licensure and regulation of various healing arts practitioners by boards under the Department of Consumer Affairs.

end delete begin delete

This bill would state the intent of the Legislature to enact legislation to provide for certification of California certified traditional Chinese medicine traumatologists.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4935 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

4935.  

(a) (1) It is a misdemeanor, punishable by a fine of not
less than one hundred dollars ($100) and not more than two
thousand five hundred dollars ($2,500), or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment, for any person who does not hold a current and
valid license to practice acupuncture under this begin delete chapter or end delete begin insert chapter, end insert
to hold himself or herself out as practicing or engaging in the
practice of begin delete acupuncture end delete begin insert acupuncture, or to hold himself or herself
out as a certified traditional Chinese medicine traumatologist or
use the title of “certified traditional Chinese medicine
traumatologist” without meeting the requirements of this chapter end insert .

(2) It is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100) and not more than two thousand five
hundred dollars ($2,500), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment, for
any person to fraudulently buy, sell, or obtain a license to practice
begin delete acupuncture, end delete begin insert acupuncture or a certificate for traditional Chinese
medicine traumatology, end insert or to violate the provisions of this chapter.

(b) Notwithstanding any other provision of law, any person,
other than a physician and surgeon, a dentist, or a podiatrist, who
is not licensed under this article but is licensed under Division 2
(commencing with Section 500), who practices acupuncture
involving the application of a needle to the human body, performs
any acupuncture technique or method involving the application of
a needle to the human body, or directs, manages, or supervises
another person in performing acupuncture involving the application
of a needle to the human body is guilty of a misdemeanor.

(c) A person holds himself or herself out as engaging in the
practice of acupuncture by the use of any title or description of
services incorporating the words “acupuncture,” “acupuncturist,”
“certified acupuncturist,” “licensed acupuncturist,” “Asian
medicine,” “oriental medicine,” begin insert “traditional Chinese medicine,” end insert
or any combination of those words, phrases, or abbreviations of
those words or phrases, begin delete or end delete by representing that he or she is trained,
experienced, or an expert in the field of acupuncture, Asian
medicine, or Chinese begin delete medicine end delete begin insert medicine, or by representing that
he or she is trained, experienced, or an expert in the field of
traditional Chinese medicine traumatology end insert .

(d) Subdivision (a) shall not prohibit a person from
administering acupuncture treatment as part of his or her
educational training if he or she:

(1) Is engaged in a course or tutorial program in acupuncture,
as provided in this chapter; or

(2) Is a graduate of a school of acupuncture approved by the
board and participating in a postgraduate review course that does
not exceed one year in duration at a school approved by the board.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 3 (commencing with Section 4950) is added to
Chapter 12 of Division 2 of the end insert begin insert Business and Professions Code end insert begin insert ,
to read: end insert

begin insert

 

Article begin insert 3. end insert   California Traditional Chinese Medicine
Traumatologist

 

begin insert 4950. end insert   

As used in this article:

(a) “California certified traditional Chinese medicine
traumatologist” means a person who has been certified by the
California Traditional Chinese Medicine Traumatology Committee
to perform traditional Chinese medicine traumatology.

(b) “Committee” means, notwithstanding Section 4925, the
California Traditional Chinese Medicine Traumatology Committee.

(c) “Traditional Chinese medicine traumatology” includes a
range of treatments to address both acute and chronic
musculoskeletal conditions through stimulation of acupressure
points. Techniques include, but are not limited to, brushing,
kneading, rolling, pressing, rubbing, pushing, holding, and lifting
the areas between each of the joints to open the body’s defensive
chi and stimulate the energy movement in the meridians.

begin insert 4950.1. end insert   

(a) On or before March 1, 2014, the board shall
establish the California Traditional Chinese Medicine
Traumatology Committee within the board. The committee shall
consist of the following five members appointed by the board:

(1) One representative from the California Medical Association.

(2) One representative from the California Orthopaedic
Association.

(3) One representative from the Medical Board of California.

(4) Two representatives from a traditional Chinese medicine
traumatology clinical setting. These representatives shall be
selected by professional societies, associations, or other entities,
whose memberships are comprised solely of practitioners of
traditional Chinese medicine traumatology. To qualify as a
professional society or association, an entity shall have a dues
paying membership in the state of at least 30 individuals for the
last three years and shall have bylaws that require its members to
comply with a code of ethics.

(b) The board, in implementing this article, shall give specific
consideration to the recommendations of the committee.

(c) (1) Pursuant to Section 4950.2, the committee shall meet
and confer to determine an applicant’s qualifications, as prescribed
in Section 4950.2, including the level of experience and training
needed to qualify for California traditional Chinese medicine
traumatology certification.

(2) The committee shall advise the board on any other issues
pursuant to this article.

begin insert 4950.2. end insert   

(a) Commencing May 1, 2014, the board shall issue
a certificate for certified traditional Chinese medicine
traumatology to any person who makes an application to the board
and meets all of the following requirements:

(1) Is at least 18 years of age.

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

(3) Furnishes satisfactory evidence of education, training, and
clinical experience that meets one of the following standards:

(A) Passed an examination and received a certificate in
traditional Chinese medicine traumatology for completing a
curriculum in the subject. The curriculum for all applicants shall
provide for adequate instruction in the following subjects:

(i) Human anatomy and physiology.

(ii) Pathology.

(iii) Western diagnosis on traumatological injury.

(iv) Clinical management and medical ethics.

(v) Basic theory of traditional Chinese medicine.

(vi) Comparison of traditional Chinese medicine and western
medicine.

(vii) Meridian and acu-points.

(viii) Basic traditional Chinese medicine diagnosis.

(ix) Basic theory of traditional Chinese medicine traumatology.

(x) Traditional Chinese medicine diagnosis on traumatology.

(xi) Hands on Skills of Traditional Chinese Medicine
Traumatology I.

(xii) Hands on Skills of Traditional Chinese Medicine
Traumatology II.

(xiii) Chinese herbs and formulas for traumatology.

(xiv) Traditional Chinese medicine traumatology case study.

(xv) One thousand hours in a clinical internship on traditional
Chinese medicine traumatology.

(B) Apprenticed as a traditional Chinese medicine
traumatologist for 10 years prior to January 1, 2014.

(C) In the case of an applicant who has completed education
and training outside of the United States or Canada, furnishes
satisfactory evidence of completing education, training, and at
least 10 years clinical experience in traditional Chinese medicine
traumatology.

(b) The committee shall investigate all of the documentation
provided by the applicant and verify its authenticity to evaluate
whether an applicant meets the certification standards, including
the level of education, experience, and training to sufficiently
qualify for the traumatology certification and shall report its
findings and determination to the board.

begin insert 4950.3. end insert   

(a) An applicant for traditional Chinese medicine
traumatology certification shall file an application for that
certificate with the board.

(b) When submitting his or her application to the board, the
applicant shall pay an application fee in a reasonable amount
determined by the board, not to exceed two hundred dollars ($200),
for the regulatory cost to the board of processing the application.

(c) A certified traditional Chinese medicine traumatologist shall
renew his or her certificate every five years.

(d) An expired certificate may be renewed at any time within
three years after its expiration. The holder of the certificate shall
pay all accrued and unpaid renewal fees, plus a delinquency fee,
according to the following:

(1) An annual renewal fee of one hundred dollars ($100).

(2) A delinquency fee of twenty-five dollars ($25).

(3) A fee for a duplicate or replacement engraved wall certificate
of fifteen dollars ($15).

(4) A fee for a duplicate or replacement renewal receipt/pocket
certificate of ten dollars ($10).

(e) Moneys received under this section shall be deposited in the
Acupuncture Fund for the purposes of carrying out this article.

begin insert 4950.4. end insert   

It is an unfair business practice for any person to hold
himself or herself out as a certified traditional Chinese medicine
traumatologist or use the title of “certified traditional Chinese
medicine traumatologist” without meeting the requirements of this
article.

begin insert 4950.5. end insert   

(a) A California certified traditional Chinese medicine
traumatologist shall not practice medicine, as provided in Section
2052.

(b) A California certified traditional Chinese medicine
traumatologist shall not practice within the scope of activities
regulated by the State Board of Chiropractic Examiners.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4955 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4955.  

The board may deny, suspend, or revoke, or impose
probationary conditions upon, the license of any acupuncturist begin insert or
the certificate of any traditional Chinese medicine traumatologist end insert
if he or she is guilty of unprofessional conduct. begin insert As used in this
section, “licensee” includes a certified traditional Chinese
medicine traumatologist. end insert

Unprofessional conduct shall include, but not be limited to, the
following:

(a) Using or possessing any controlled substance as defined in
Division 10 (commencing with Section 11000) of the Health and
Safety Code, or dangerous drug or alcoholic beverage to an extent
or in a manner dangerous to himself or herself, or to any other
person, or to the public, and to an extent that the use impairs his
or her ability to engage in the practice of acupuncture begin insert or
traumatology end insert with safety to the public.

(b) Conviction of a crime substantially related to the
qualifications, functions, or duties of an begin delete acupuncturist, end delete
begin insert acupuncturist or certified traditional Chinese end insert begin insert medicine
traumatologist, end insert the record of conviction being conclusive evidence
thereof.

(c) False or misleading advertising.

(d) Aiding or abetting in, or violating or conspiring in, directly
or indirectly, the violation of the terms of this chapter or any
regulation adopted by the board pursuant to this chapter.

(e) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases
from licensee to patient, from patient to patient, and from patient
to licensee. In administering this subdivision, the board shall
consider referencing the standards, regulations, and guidelines of
the State Department of begin insert Public end insert Health begin delete Services end delete developed pursuant
to Section 1250.11 of the Health and Safety Code and the
standards, regulations, and guidelines pursuant to the California
Occupational Safety and Health Act of 1973 (Part 1 (commencing
with Section 6300) of Division 5 of the Labor Code) for preventing
the transmission of HIV, hepatitis B, and other blood-borne
pathogens in health care settings. As necessary, the board shall
consult with the Medical Board of California, the California Board
of Podiatric Medicine, the Dental Board of California, the Board
of Registered Nursing, and the Board of Vocational Nursing and
Psychiatric Technicians, to encourage appropriate consistency in
the implementation of this subdivision.

The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.

(f) The use of threats or harassment against any patient or
licensee for providing evidence in a disciplinary action, other legal
action, or in an investigation contemplating a disciplinary action
or other legal action.

(g) Discharging an employee primarily for attempting to comply
with the terms of this chapter.

(h) Disciplinary action taken by any public agency for any act
substantially related to the qualifications, functions, or duties of
an begin delete acupuncturist end delete begin insert acupuncturist, certified traditional Chinese end insert
begin insert medicine traumatologist, end insert or any professional health care licensee.

(i) Any action or conduct that would have warranted the denial
of the acupuncture begin delete license end delete begin insert license or the traumatology certificate end insert .

(j) The violation of any law or local ordinance on begin delete an
acupuncturist’s end delete begin insert a licensee’s end insert business premises by begin delete an
acupuncturist’s end delete begin insert a licensee’s end insert employee or a person who is working
under the begin delete acupuncturist’s end delete begin insert licensee’s end insert professional license or business
permit, that is substantially related to the qualifications, functions,
or duties of begin delete an acupuncturist end delete begin insert the licensee end insert . These violations shall
subject the begin delete acupuncturist end delete begin insert licensee end insert who employed the individuals,
or under whose acupuncturist license begin insert or traumatology certificate end insert
the employee is working, to disciplinary action.

(k) The abandonment of a patient by the begin delete licentiate end delete begin insert licensee end insert
without written notice to the patient that treatment is to be
discontinued and before the patient has had a reasonable
opportunity to secure the services of another practitioner.

(l)  begin delete the end delete begin insert The end insert failure to notify the board of the use of any false,
assumed, or fictitious name other than the name under which he
or she is licensed as an individual to practice begin delete acupuncture end delete
begin insert acupuncture or as an individual certified in traditional Chinese end insert
begin insert medicine traumatology end insert .

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4955.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4955.1.  

The board may deny, suspend, revoke, or impose
probationary conditions upon the license of any acupuncturist begin insert or
certified traditional Chinese medicine traumatologist end insert if he or she
is guilty of committing a fraudulent begin delete act end delete begin insert act, end insert including, but not begin delete be end delete
limited to, begin delete any of end delete the following:

(a) Securing a license by fraud or deceit.

(b) Committing a fraudulent or dishonest act as an begin delete acupuncturist end delete
begin insert acupuncturist or certified traditional Chinese end insert begin insert medicine
traumatologist end insert .

(c) Committing any act involving dishonesty or corruption with
respect to the qualifications, functions, or duties of an begin delete acupuncturist end delete
begin insert acupuncturist or certified traditional Chinese medicine
traumatologist end insert .

(d) Altering or modifying the medical record of any person,
with fraudulent intent, or creating any false medical record.

(e) Failing to maintain adequate and accurate records relating
to the provision of services to begin delete their end delete begin insert his or her end insert patients.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4955.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4955.2.  

The board may deny, suspend, revoke, or impose
probationary conditions upon the license of any acupuncturist begin insert or
certified traditional Chinese medicine traumatologist end insert if he or she
is guilty of committing any one of the following:

(a) Gross negligence.

(b) Repeated negligent acts.

(c) Incompetence.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4956 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4956.  

A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge begin delete which end delete begin insert that end insert is substantially
related to the qualifications, functions, or duties of an acupuncturist
begin insert or certified traditional Chinese medicine traumatologist end insert is deemed
to be a conviction within the meaning of this chapter.

The board may order a license begin insert or certificate end insert suspended or
revoked, or may deny a license begin insert or certificate end insert , or may impose
probationary conditions upon a license begin insert or certificate end insert , when the
time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or when an order granting probation is
made suspending the imposition of sentence irrespective of a
subsequent order under begin delete the provisions of end delete Section 1203.4 of the
Penal Code allowing the person to withdraw his or her pleas of
guilty and to enter a plea of not guilty, or setting aside the verdict
of guilty, or dismissing the accusation, complaint, information, or
indictment.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 4960.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4960.2.  

The board in all cases of revocation shall certify the
fact of the revocation, under the seal of the board, to the business
licensing entity of the cities or counties in which the license of the
acupuncturist begin insert or the certificate of the traditional Chinese medicine
traumatologist end insert has been revoked. The record of the revocation
made by the county or city clerk shall be sufficient evidence of
the revocation, and of the regularity of all proceedings of the board
in the matter of the revocation.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 4961 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4961.  

(a) Every person who is now or hereafter licensed to
practice acupuncture begin insert or certified to practice traditional Chinese
medicine traumatology end insert in this state shall register, on forms
prescribed by the begin delete Acupuncture Board, end delete begin insert board, end insert his or her place of
practice, or, if he or she has more than one place of practice, all
of the places of practice. If the licensee begin insert or certificate holder end insert has
no place of practice, he or she shall notify the board of that fact.
A person licensed begin insert or certified end insert by the board shall register within
30 days after the date of his or her begin delete licensure end delete begin insert end insert begin insert licensure or
certification end insert .

(b)  begin delete An acupuncturist licensee end delete begin insert A licensee or certificate holder end insert begin insert end insert
shall post his or her license begin insert or certificate end insert in a conspicuous location
in his or her place of practice at all times. If an acupuncturist begin insert or
certified traditional Chinese medicine traumatologist end insert has more
than one place of practice, he or she shall obtain from the board a
duplicate license begin insert or certificate end insert for each additional location and
post the duplicate license begin insert or certificate end insert at each location.

(c) Any licensee begin insert or certificate holder end insert that changes the location
of his or her place of practice shall register each change within 30
days of making that change. begin delete In the event end delete begin insert If end insert a licensee begin insert or certificate
holder end insert fails to notify the board of any change in the address of a
place of practice within the time prescribed by this section, the
board may deny renewal of begin delete licensure end delete begin insert licensure or certification end insert .
An applicant for renewal of licensure begin insert or certification end insert shall specify
in his or her application whether or not there has been a change in
the location of his or her place of practice and, if so, the date of
that change. The board may accept that statement as evidence of
the change of address.

begin insert

begin insert SEC. 9. end insert   

Section 4964.5 is added to the Business and Professions
Code, immediately following Section 4964, to read:

begin insert 4964.5. end insert   

The provisions of this article apply to both licensed
acupuncturists and certified traditional Chinese medicine
traumatologists.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 4965 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4965.  

(a)  begin delete Licenses end delete begin insert (1) end insert begin insert   end insert begin insert A license to practice acupuncture end insert issued
pursuant to this chapter shall expire on the last day of the birth
month of the licensee during the second year of a two-year term,
if not renewed.

begin delete

(b)

end delete

begin insert (2) end insert  The board shall establish and administer a birth date renewal
begin delete program end delete begin insert program for purposes of this subdivision end insert .

begin delete

(c)

end delete

begin insert (3) end insert  To renew an unexpired license, the holder shall apply for
renewal on a form provided by the board and pay the renewal fee
fixed by the board.

begin insert

(b) A certificate for traditional Chinese medicine traumatology
issued pursuant to this chapter shall expire five years after the
date of issuance, if not renewed. To renew an unexpired certificate,
the holder shall apply for renewal on a form provided by the board
and pay the renewal fee set forth in Section 4950.3.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 4966 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4966.  

begin insert (a) end insert begin insert   end insert Except as provided in Section 4969, a license begin insert to
practice acupuncture end insert that has expired may be renewed at any time
within three years after its expiration by filing begin delete of end delete an application
for renewal on a form provided by the board, paying all accrued
and unpaid renewal fees, and providing proof of completing
continuing education requirements. If the license is not renewed
prior to its expiration, the acupuncturist, as a condition precedent
to renewal, shall also pay the prescribed delinquency fee. begin delete Renewal end delete

begin insert

(b) Except as provided in Section 4969, a certificate for
traditional Chinese medicine traumatology that has expired may
be renewed at any time within three years after its expiration by
filing an application for renewal on a form provided by the board,
and paying all accrued and unpaid renewal fees. If the certificate
is not renewed prior to its expiration, the traditional Chinese
medicine traumatologist, as a condition precedent to renewal,
shall also pay a delinquency fee, set in accordance with Section
163.5.

end insert

begin insert (c) end insert begin insert   end insert begin insert Renewal end insert under this section shall be effective on the date on
which the application is filed, on the date on which the renewal
fee is paid, or on the date the delinquency fee is paid, whichever
occurs last. If so renewed, the license begin insert or certificate end insert shall continue
in effect through the expiration date provided in Section 4965,
after the effective date of the renewal, when it shall expire and
become invalid if it is not again renewed.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 4967 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4967.  

A person who fails to renew his or her license begin insert or
certificate end insert within three years after its expiration may not renew it,
and it may not be restored, reissued, or reinstated thereafter, but
that person may apply for and obtain a new license begin insert or certificate end insert
if he or she meets all of the following requirements:

(a) Has not committed any acts or crimes constituting grounds
for denial of licensure begin insert or certification end insert under Division 1.5
(commencing with Section 475).

(b)  begin delete Takes end delete begin insert If an acupuncturist takes end insert begin insert end insert and passes the examination,
if any, which would be required of him or her if an initial
application for licensure was being made, begin delete or end delete begin insert or, if an acupuncturist
or certified traditional Chinese medicine traumatologist end insert otherwise
establishes to the satisfaction of the board that, with due regard
for the public interest, he or she is qualified to practice as an
begin delete acupuncturist end delete begin insert acupuncturist or certified traditional Chinese end insert
begin insert medicine traumatologist end insert .

(c) Pays all of the fees that would be required if an initial
application for licensure begin insert or certification end insert was being made. begin delete The end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert board may provide for the waiver or refund of all or any
part of an examination fee in those cases in which a license begin insert to
practice acupuncture end insert is issued without an examination pursuant
to this section.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 4969 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4969.  

(a) A suspended license begin insert or certificate end insert is subject to
expiration and shall be renewed as provided in this article, but the
renewal does not entitle the begin delete acupuncturist, end delete begin insert acupuncturist or
certified traditional Chinese medicine traumatologist, end insert while the
license begin insert or certificate end insert remains suspended, and until it is reinstated,
to engage in the practice of begin delete acupuncture, end delete begin insert acupuncture or traditional
Chinese medicine traumatology, end insert or in any other activity or conduct
in violation of the order or judgment by which the license begin insert or
certificate end insert was suspended.

(b) A revoked license begin insert or certificate end insert is subject to expiration as
provided in this article, but it may not be renewed. If it is reinstated
after its expiration, the former begin delete licensee, end delete begin insert licensee or certificate
holder, end insert as a condition to reinstatement, shall pay a reinstatement
fee in an amount equal to the renewal fee in effect on the last
regular renewal date before the date on which the license begin insert or
certificate end insert was reinstated, plus the delinquency fee, if any, accrued
at the time of its expiration.

begin insert

begin insert SEC. 14. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation to provide for certification of California certified
traditional Chinese medicine traumatologists.

end delete