Amended in Senate August 16, 2016

Amended in Senate June 22, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2190

Introduced by Assembly Member Salas

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(Coauthor: Assembly Member Brough)

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(Principal coauthor: Senator Hill)

February 18, 2016

An act to amend Sections 4927.5, 4928, begin delete and 4934 end delete begin insert 4934, 4938, and 4974 end insert of, begin delete to add Section 4942 to, end delete and to repeal begin insert and add end insert Section 4939 of, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 2190, as amended, Salas. Acupuncture Board: executive officer: education.

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 appoint an executive officer who is exempt from civil service. Existing law repeals the provisions establishing the board and authority for it to appoint an executive officer on January 1, 2017.

The bill would extend the operation of the board and the board’s authority to appoint an executive officer until January 1, 2019.

Existing law requires, among other things, the completion of an approved educational and training program in order to be issued a license to practice acupuncture. For purposes of the act, beginning January 1, 2017, existing law defines “approved educational and training program” as a school or college offering education and training in the practice of an acupuncturist who meets various requirements, including offering curriculum that includes specified hours of didactic and laboratory training and supervised clinical instruction. Existing law requires these programs to submit that curriculum to the board and to receive board approval of the curriculum.

This bill would provide that any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, is deemed to have had its curriculum approved by the board if its approval has not been revoked and it has not changed its curriculum since receiving board approval.

Beginning January 1, 2017, existing law requires the board to establish standards for the approval of educational training and clinical experience received outside the United States.

This bill would repeal that board requirement. The bill would instead begin delete authorize the board to end delete require an applicant completing education outside of the United States to submit documentation of his or her education to a begin insert board approved end insert credential evaluation service begin delete that is approved by the board end delete for evaluation and to have the results of the evaluation sent directly from the credential evaluation service to the board. begin insert The bill would require the board to examine the received results to determine if an applicant meets requirements for licensure and, if the evaluated education is not sufficient, would authorize the board to offer the applicant additional education, training, or testing, as specified. end insert The bill would require the board to establish, by regulation, an application process, criteria, and procedures for approval of a credential evaluation begin delete service to assess the equivalency of an applicant’s education. end delete begin insert service. end insert The bill would require the regulations to, at a minimum, require the credential evaluation service to meet specified requirements. begin insert The bill would define, for these purposes, an “approved credential evaluation service” as an agency or organization that is approved by the board to evaluate education completed outside the United States and identify the equivalency of that education to education completed within the United States. end insert begin insert The bill would also make nonsubstantive changes. end insert

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

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

SECTION 1.  

Section 4927.5 of the Business and Professions
Code, as added by Section 2 of Chapter 397 of the Statutes of
2014, is amended to read:

4927.5.  

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

(1) Offers curriculum that 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. Has submitted
that curriculum to the board, and has received board approval of
the curriculum. Any school or college offering education and
training in the practice of acupuncture that was approved by the
board prior to January 1, 2017, has not had its approval revoked,
and has not changed its curriculum since receiving board approval,
is deemed to have had its curriculum approved by the board for
the purposes of this section.

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

(3) Meets any of the following:

(A) Is accredited by the Accreditation Commission for
Acupuncture and Oriental Medicine.

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

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

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

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

SEC. 2.  

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

4928.  

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

(b) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed.

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

SEC. 3.  

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

4934.  

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

(b) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed.

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begin insert SEC. 4. 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.  

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

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(a)

end delete

begin insert (1) end insert  Is at least 18 years of age.

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(b)

end delete

begin insert (2) end insert  Furnishes satisfactory evidence of completion of one of the
following:

begin delete

(1) (A) 

end delete

begin insert (A) end insert begin insert   end insert begin insert (i) end insert begin insert   end insert An approved educational and training program.

begin delete

(B)

end delete

begin insert (ii) end insert  If an applicant began his or her educational and training
program at a school or college that submitted a letter of intent to
pursue accreditation to, or attained candidacy status from, the
Accreditation Commission for Acupuncture and Oriental Medicine,
but the commission subsequently denied the school or college
candidacy status or accreditation, respectively, the board may
review and evaluate the educational training and clinical experience
to determine whether to waive the requirements set forth in this
subdivision with respect to that applicant.

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(2)

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begin insert (B) end insert  Satisfactory completion of a tutorial program in the practice
of an acupuncturist that is approved by the board.

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(3)

end delete

begin insert (C) end insert  In the case of an applicant who has completed education
and training outside the United States, documented educational
training and clinical experience that meets the standards established
pursuant to Sections 4939 and 4941.

begin delete

(c)

end delete

begin insert (3) end insert  Passes a written examination administered by the board that
tests the applicant’s ability, competency, and knowledge in the
practice of an acupuncturist. The written examination shall be
developed by the Office of Professional Examination Services of
the Department of Consumer Affairs.

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(d)

end delete

begin insert (4) end insert  Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).

begin delete

(e)

end delete

begin insert (5) end insert  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 that is an approved educational and training program.
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.

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Each

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begin insert (b) end insert begin insert   end insert begin insert Each end insert 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 SEC. 4. end delete

begin insert SEC. 5. end insert   

Section 4939 of the Business and Professions Code,
as amended by Section 37 of Chapter 426 of the Statutes of 2015,
is repealed.

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

Section begin delete 4942 end delete begin insert 4939 end insert is added to the Business and
Professions Code, to read:

begin delete

4942.  

(a)

end delete

begin insert

begin insert 4939. end insert   

end insert begin insert

(a) For purposes of this chapter, “approved credential
evaluation service” means an agency or organization that is
approved by the board to evaluate education completed outside
the United States and identify the equivalency of that education to
education completed within the United States.

end insert

begin insert (b) end insert  If an applicant completes education outside of the United
States, the begin delete board may require the applicant to submit end delete begin insert applicant
shall do both of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Submit end insert documentation of his or her education to a
begin insert board-approved end insert credential evaluation service begin delete that is approved by
the board for evaluation and to have end delete begin insert for evaluation. end insert

begin insert (2) end insert begin insert   end insert begin insert Have end insert the results of the evaluation sent directly from the
credential evaluation service to the begin delete board in order to assess
educational equivalency. end delete begin insert board. end insert

begin insert

(c) If the board receives the results of an applicant’s evaluation
pursuant to subdivision (b), the board shall examine the results
and determine whether the applicant meets requirements for
licensure. If the evaluated education is not sufficient to meet the
requirements for licensure, the board may offer the applicant
additional education, training, or standardized testing to satisfy
the educational requirements. The board shall not require the
applicant to complete education, training, or testing that is not
otherwise required of applicants who complete education or
training within the United States.

end insert begin delete

(b)

end delete

begin insert (d) end insert  The board shall establish, by regulation, an application
process, criteria, and procedures for approval of credential
evaluation begin delete services to assess the equivalency of an applicant’s
education. end delete begin insert services. end insert The regulations shall, at a minimum, require
the credential evaluation service to meet all of the following
requirements:

(1) Furnish evaluations written in English directly to the board.

(2) Be a member of a nationally recognized foreign credential
evaluation association, such as, but not limited to, the American
Association of Collegiate Registrars and Admissions Officers or
the National Association of Credential Evaluation Services.

(3) Undergo reevaluation by the board every five years.

(4) Certify to the board that the credential evaluation service
maintains a complete set of reference materials as determined by
the board.

(5) Base evaluations only upon verified authentic, official
transcripts, and degrees.

(6) Have a written procedure for identifying fraudulent
transcripts.

(7) Include in an evaluation report submitted to the board the
specific method or methods of authentication for the transcripts,
certification, degrees, and other education evaluated for the
purposes of the report.

(8) Include in the evaluation report, for each degree held by the
applicant, the equivalent degree offered in the United States, the
date the degree was granted, the institution granting the degree,
an English translation of the course titles, and the semester unit
equivalence for each course.

(9) Have an appeal procedure for applicants.

(10) Provide information concerning the credential evaluation
service to the board that includes, but is not limited to, resumes or
curriculum vitae for each evaluator and translator, which includes
biographical information, three letters of references from public
or private agencies, statistical information on the number of
applications processed annually for the past five years, and any
other information the board may require to determine whether the
credential evaluation service meets the standards under this
subdivision and the board’s regulations.

(11) Provide to the board all information required by the board,
including, but not limited to, the following:

(A) Its credential evaluation policy.

(B) A complete list of terminology and evaluation terms used
in producing its credential evaluations.

(C) A detailed description of the specific methods utilized for
credential authentication.

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begin insert SEC. 7. end insert   

end insert

begin insert Section 4974 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4974.  

The board shall report to the Controller at the beginning
of each month for the month preceding the amount and source of
all revenue received by it pursuant to this chapter, and shall pay
the entire amount thereof to the Treasurer for deposit in the
Acupuncture Fund, which fund is created to carry out the
provisions of this begin delete chapter. end delete begin insert chapter, upon appropriation by the
Legislature. end insert