Amended in Assembly August 22, 2014

Amended in Assembly August 19, 2014

Amended in Assembly June 15, 2014

Amended in Senate April 23, 2014

Senate BillNo. 1246


Introduced by Senator Lieu

(Principal coauthor: Assembly Member Bonilla)

February 20, 2014


An act to amend Sections 4928, 4934, 4935, 4938, 4944, 4949, and 4970 of, to amend and repeal Section 4973 of, to amend, repeal, and add Section 4939 of, to add Section 4933.5 to, and to add and repeal Section 4927.5 of, the Business and Professions Code, relating to acupuncture.

LEGISLATIVE COUNSEL’S DIGEST

SB 1246, as amended, Lieu. Acupuncture.

(1) Existing law, the Acupuncture Licensure Act, provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board, within the Department of Consumer Affairs. Existing law authorizes the board, with the approval of the Director of Consumer Affairs, to employ personnel necessary to administer the Acupuncture Licensure Act, including an executive officer who is exempt from civil service. Existing law repeals the provisions establishing the board and authority for it to employee personnel on January 1, 2015.

This bill would remove the repeal date with respect to the board’s authority to employ personnel. The bill would also extend the operation of the boardbegin insert and the board’s authority to appoint an executive officer exempt from civil serviceend insert until January 1,begin delete 2017, and extend the board’s authority to hire an executive officer exempt from civil service until January 1, 2016.end deletebegin insert 2017.end insert

(2) Existing law requires the board to establish standards for the approval of schools and colleges offering education and training in the practice of an acupuncturist, as specified. Existing law requires a school or college approved by the board, within 3 years of board approval, to receive full institutional approval to operate from the Bureau for Private Postsecondary Education or comparable approval by a governmental authority outside of the state, as applicable. Existing law requires the board to issue a license to practice acupuncture to a person who files an application, pays a fee, and among other requirements, completes an educational and training program approved by the board.

This bill would delete the requirement that schools and colleges offering education and training in the practice of an acupuncturist obtain those approvals within 3 years of board approval. Commencing January 1, 2017, the bill would eliminate the requirement that the board approve those schools and colleges offering education and training in the practice of an acupuncturist and would instead define an “approved educational and training program,” for purposes of licensure as an acupuncturist, as a school or college that: (A) offers curriculum that has been submitted to and approved by the board and includes at least 3,000 hours of which at least 2,050 hours are didactic and laboratory training, and at least 950 hours are supervised clinical instruction; (B) is approved by the Bureau for Private Postsecondary Educationbegin insert or is the appropriate out-of-state governmental educational authorityend insert; and (C) is accredited or granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicinebegin insert, or has submitted a letter of intent to pursue accreditation to that commission, as specifiedend insert.

This bill would require the board, within 30 days of receiving curriculum submitted by a school or college pursuant to these provisions, to review the curriculum, determine whether the curriculum satisfies the board’s requirements, and notify the school or college, the Accreditation Commission for Acupuncture and Oriental Medicine, and the Bureau for Private Postsecondary Education of whether the board has approved the curriculum. The bill would authorize the board to review and evaluate thebegin delete program curriculumend deletebegin insert educational training and clinical experienceend insert of a school or college that has submittedbegin delete an eligibility reportend deletebegin insert a letter of intent to pursue accreditationend insert to, or was granted candidacy status by, the commission, but was subsequently denied candidacy status or accreditation, respectively, by the commission, to determine whether to waive the requirement that an applicant who attended that program complete an approved educational and training program.

This bill would also require the board to establish standards for the approval of educational training and clinical experience received outside the United States and Canada, and would make related conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

Section 4927.5 is added to the Business and
2Professions Code
, to read:

3

4927.5.  

(a) For purposes of this chapter, “approved educational
4and training program” means a program approved by the board
5pursuant to Section 4939.

6(b) This section shall remain in effect only until January 1, 2017,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2017, deletes or extends that date.

9

SEC. 2.  

Section 4927.5 is added to the Business and Professions
10Code
, to read:

11

4927.5.  

(a) For purposes of this chapter, “approved educational
12and training program” means a school or college offering education
13and training in the practice of an acupuncturist that meets all of
14the following requirements:

15(1) Offers curriculum that includes at least 3,000 hours of which
16at least 2,050 hours are didactic and laboratory training, and at
17least 950 hours are supervised clinical instruction. Has submitted
18that curriculum to the board, and has received board approval of
19the curriculum.

20(2) Has received full institutional approval under Article 6
21(commencing with Section 94885) of Chapter 8 of Part 59 of
22Division 10 of Title 3 of the Education Code in the field of
23traditional Asian medicine, or in the case of institutions located
24outside of this state, approval by the appropriate governmental
25educational authority using standards equivalent to those of Article
266 (commencing with Section 94885) of Chapter 8 of Part 59 of
27Division 10 of Title 3 of the Education Code.

begin insert

P4    1(3) Meets any of the following:

end insert
begin delete

2(3)

end delete

3begin insert(A)end insert Is accreditedbegin delete or has been granted candidacy statusend delete by the
4Accreditation Commission for Acupuncture and Oriental Medicine.

begin insert

5(B) Has been granted candidacy status by the Accreditation
6Commission for Acupuncture and Oriental Medicine.

end insert
begin insert

7(C) Has submitted a letter of intent to pursue accreditation to
8the Accreditation Commission for Acupuncture and Oriental
9Medicine within 30 days of receiving full institutional approval
10pursuant to paragraph (2), and is granted candidacy status within
11three years of the date that letter was submitted.

end insert

12(b) Within 30 days after receiving curriculum pursuant to
13paragraph (1), the board shall review the curriculum, determine
14whether the curriculum satisfies the requirements established by
15the board, and notify the school or college, the Accreditation
16Commission for Acupuncture and Oriental Medicine, and Bureau
17of Private and Postsecondary Education of whether the board has
18approved the curriculum.

19(c) This section shall become operative on January 1, 2017.

20

SEC. 3.  

Section 4928 of the Business and Professions Code is
21amended to read:

22

4928.  

(a) The Acupuncture Board, which consists of seven
23members, shall enforce and administer this chapter.

24(b) This section shall remain in effect only until January 1, 2017,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2017, deletes or extends that date.

27(c) Notwithstanding any other law, the repeal of this section
28renders the board subject to review by the appropriate policy
29committees of the Legislature.

30

SEC. 4.  

Section 4933.5 is added to the Business and Professions
31Code
, to read:

32

4933.5.  

The board, by and with the approval of the director,
33may employ personnel necessary for the administration of this
34chapter.

35

SEC. 5.  

Section 4934 of the Business and Professions Code is
36amended to read:

37

4934.  

(a) The board, by and with the approval of the director,
38may appoint an executive officer who is exempt from the State
39Civil Service Act (Part 2 (commencing with Section 18500) of
40Division 5 of Title 2 of the Government Code).

P5    1(b) This section shall remain in effect only until January 1, begin delete 2016,end delete
2begin insert 2017,end insert and as of that date is repealed, unless a later enacted statute,
3that is enacted before January 1,begin delete 2016,end deletebegin insert 2017,end insert deletes or extends
4that date.

5

SEC. 6.  

Section 4935 of the Business and Professions Code is
6amended to read:

7

4935.  

(a) (1) It is a misdemeanor, punishable by a fine of not
8less than one hundred dollars ($100) and not more than two
9thousand five hundred dollars ($2,500), or by imprisonment in a
10county jail not exceeding one year, or by both that fine and
11imprisonment, for any person who does not hold a current and
12valid license to practice acupuncture under this chapter or to hold
13himself or herself out as practicing or engaging in the practice of
14acupuncture.

15(2) It is a misdemeanor, punishable by a fine of not less than
16one hundred dollars ($100) and not more than two thousand five
17hundred dollars ($2,500), or by imprisonment in a county jail not
18exceeding one year, or by both that fine and imprisonment, for
19any person to fraudulently buy, sell, or obtain a license to practice
20acupuncture, or to violate the provisions of this chapter.

21(b) Notwithstanding any other law, any person, other than a
22physician and surgeon, a dentist, or a podiatrist, who is not licensed
23under this article but is licensed under Division 2 (commencing
24with Section 500), who practices acupuncture involving the
25application of a needle to the human body, performs any
26acupuncture technique or method involving the application of a
27needle to the human body, or directs, manages, or supervises
28another person in performing acupuncture involving the application
29of a needle to the human body is guilty of a misdemeanor.

30(c) A person holds himself or herself out as engaging in the
31practice of acupuncture by the use of any title or description of
32services incorporating the words “acupuncture,” “acupuncturist,”
33“certified acupuncturist,” “licensed acupuncturist,” “Asian
34medicine,” “oriental medicine,” or any combination of those words,
35phrases, or abbreviations of those words or phrases, or by
36representing that he or she is trained, experienced, or an expert in
37the field of acupuncture, Asian medicine, or Chinese medicine.

38(d) Subdivision (a) shall not prohibit a person from
39administering acupuncture treatment as part of his or her
40educational training if he or she:

P6    1(1) Is engaged in a course or tutorial program in acupuncture,
2as provided in this chapter; or

3(2) Is a graduate of an approved educational and training
4program and participating in a postgraduate review course that
5does not exceed one year in duration at an approved educational
6and training program.

7

SEC. 7.  

Section 4938 of the Business and Professions Code is
8amended to read:

9

4938.  

The board shall issue a license to practice acupuncture
10to any person who makes an application and meets the following
11requirements:

12(a) Is at least 18 years of age.

13(b) Furnishes satisfactory evidence of completion of one of the
14following:

15(1) (A) An approved educational and training program.

16(B) If an applicant began his or her educational and training
17program at a school or college that submittedbegin delete an eligibility reportend delete
18begin insert a letter of intent toend insertbegin insert pursue accreditationend insert to, or attained candidacy
19status from, the Accreditation Commission for Acupuncture and
20Oriental Medicine, but the commission subsequently denied the
21school or college candidacy status or accreditation, respectively,
22the board may review and evaluate thebegin delete program curriculumend delete
23begin insert educational training and clinical experienceend insert to determine whether
24to waive the requirements set forth inbegin delete subparagraph (A)end deletebegin insert this
25subdivisionend insert
with respect to that applicant.

26(2) Satisfactory completion of a tutorial program in the practice
27of an acupuncturist which is approved by the board.

28(3) In the case of an applicant who has completed education
29and training outside the United States and Canada, documented
30educational training and clinical experience that meets the standards
31established pursuant to Sections 4939 and 4941.

32(c) Passes a written examination administered by the board that
33tests the applicant’s ability, competency, and knowledge in the
34practice of an acupuncturist. The written examination shall be
35developed by the Office of Professional Examination Services of
36the Department of Consumer Affairs.

37(d) Is not subject to denial pursuant to Division 1.5 (commencing
38with Section 475).

39(e) Completes a clinical internship training program approved
40by the board. The clinical internship training program shall not
P7    1exceed nine months in duration and shall be located in a clinic in
2this state, which is an approved educational and training program.
3The length of the clinical internship shall depend upon the grades
4received in the examination and the clinical training already
5satisfactorily completed by the individual prior to taking the
6examination. On and after January 1, 1987, individuals with 800
7or more hours of documented clinical training shall be deemed to
8have met this requirement. The purpose of the clinical internship
9training program shall be to ensure a minimum level of clinical
10competence.

11Each applicant who qualifies for a license shall pay, as a
12condition precedent to its issuance and in addition to other fees
13required, the initial licensure fee.

14

SEC. 8.  

Section 4939 of the Business and Professions Code is
15amended to read:

16

4939.  

(a) The board shall establish standards for the approval
17of schools and colleges offering education and training in the
18practice of an acupuncturist, including standards for the faculty in
19those schools and colleges, completion of which will satisfy the
20requirements of Section 4938.

21(b) Standards for the approval of schools and colleges described
22in subdivision (a) shall include a minimum of 3,000 hours of study
23in curriculum pertaining to the practice of an acupuncturist. This
24subdivision shall apply to all students entering programs on or
25after January 1, 2005.

26(c) Each school or college approved by the board shall receive
27full institutional approval under Article 6 (commencing with
28Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3
29of the Education Code in the field of traditional Asian medicine,
30or in the case of institutions located outside of this state, approval
31by the appropriate governmental educational authority using
32standards equivalent to those of Article 6 (commencing with
33Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3
34of the Education Code, or the board’s approval of the program
35shall automatically lapse.

36(d) This section shall remain in effect only until January 1, 2017,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 1, 2017, deletes or extends that date.

39

SEC. 9.  

Section 4939 is added to the Business and Professions
40Code
, to read:

P8    1

4939.  

(a) The board shall establish standards for the approval
2of educational training and clinical experience received outside
3the United States and Canada.

4(b) This section shall become operative on January 1, 2017.

5

SEC. 10.  

Section 4944 of the Business and Professions Code
6 is amended to read:

7

4944.  

(a) The board shall have the authority to investigate and
8evaluate each and every applicant applying for a license to practice
9acupuncture and to make the final determination of the admission
10of the applicant to the examination, or for the issuance of a license,
11in conformance with the provisions of this chapter.

12(b) The board shall investigate and evaluate each school or
13college applying for approval under Section 4939 and may utilize
14and contract with consultants to evaluate those training programs.
15This subdivision shall become inoperative on January 1, 2017.

16(c) The board may delegate to the executive officer or other
17official of the board its authority under this section in routine
18matters.

19

SEC. 11.  

Section 4949 of the Business and Professions Code
20 is amended to read:

21

4949.  

The provisions of this chapter shall not prohibit an
22acupuncturist from another state or country, who is not a licensed
23acupuncturist in this state, who is the invited guest of a professional
24acupuncture association or scientific acupuncture foundation, an
25approved educational and training program, or a continuing
26education provider that is approved under Section 4945, solely
27from engaging in professional education through lectures, clinics,
28or demonstrations. The guest acupuncturist may engage in the
29practice of acupuncture in conjunction with these lectures, clinics,
30or demonstrations for a maximum of six months, but may not open
31an office or appoint a place to meet patients or receive calls from
32patients or otherwise engage in the practice of acupuncture.

33

SEC. 12.  

Section 4970 of the Business and Professions Code
34 is amended to read:

35

4970.  

The amount of fees prescribed for licensed acupuncturists
36shall be those set forth in this section unless a lower fee is fixed
37by the board in accordance with Section 4972:

38(a) The application fee shall be seventy-five dollars ($75).

P9    1(b) The examination and reexamination fees shall be the actual
2cost to the Acupuncture Board for the development and writing
3of, grading, and administering of each examination.

4(c) The initial license fee shall be three hundred twenty-five
5dollars ($325), except that if the license will expire less than one
6year after its issuance, then the initial license fee shall be an amount
7equal to 50 percent of the initial license fee.

8(d) The renewal fee shall be three hundred twenty-five dollars
9($325) and in the event a lower fee is fixed by the board, shall be
10an amount sufficient to support the functions of the board in the
11administration of this chapter. The renewal fee shall be assessed
12on an annual basis until January 1, 1996, and on and after that date
13the board shall assess the renewal fee biennially.

14(e) The delinquency fee shall be set in accordance with Section
15163.5.

16(f) The application fee for the approval of a school or college
17under Section 4939 shall be three thousand dollars ($3,000). This
18subdivision shall become inoperative on January 1, 2017.

19(g) The duplicate wall license fee is an amount equal to the cost
20to the board for the issuance of the duplicate license.

21(h) The duplicate renewal receipt fee is ten dollars ($10).

22(i) The endorsement fee is ten dollars ($10).

23(j) The fee for a duplicate license for an additional office
24location as required under Section 4961 shall be fifteen dollars
25($15).

26

SEC. 13.  

Section 4973 of the Business and Professions Code
27 is amended to read:

28

4973.  

(a) A fee for the inspection or reinspection of a school
29or college of acupuncture for purposes of approval or continued
30approval shall be charged at an amount to recover the direct costs
31incurred by the board in conducting that inspection and evaluation
32of the school or college.

33(b) This section shall remain in effect only until January 1, 2017,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2017, deletes or extends that date.



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