BILL ANALYSIS Ó AB 2190 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Rudy Salas, Chair AB 2190 (Salas) - As Amended April 5, 2016 SUBJECT: Acupuncture Board: executive officer. SUMMARY: Extends the operation of the California Acupuncture Board (CAB) and the CAB's authority to appoint an executive officer until January 1, 2019. EXISTING LAW: 1)Provides for the licensure and regulation of the practice of acupuncture by the CAB within the Department of Consumer Affairs (DCA). (Business and Professions Code (BPC) § 4928 et seq.) 2)Establishes the CAB until January 1, 2017, and renders the CAB subject to review by the appropriate policy committees of the Legislature. (BPC § 4928) 3)Permits the CAB, with the approval of the director of the DCA, to employ personnel and appoint an executive officer until January 1, 2017. (BPC § 4934) THIS BILL: AB 2190 Page 2 1)Extends the sunset date of the CAB and the CAB's authority to appoint an executive officer from January 1, 2017 to January 1, 2019. FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel. COMMENTS: Purpose. Unless legislation is carried this year to extend the sunset date for the CAB, it will be repealed on January 1, 2017. The legislative changes reflected in this bill are solutions to issues raised about the CAB in the Assembly Committee on Business and Professions' staff Background Paper and during its subsequent sunset review hearing held on March 14, 2016. In addition, this bill will extend the CAB's authority to appoint an executive officer. Background. The CAB regulates the practice of acupuncture and Asian medicine in California. According to the CAB's most recent sunset review report, it regulates 17,801 acupuncturists, 11,644 of which are actively practicing in the state. The practice of acupuncture, as defined in BPC § 4927, involves the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electroacupuncture, cupping and moxibustion. BPC § 4937 authorizes a licensed acupuncturist to engage in the practice of acupuncture and to perform or prescribe the use of Asian massage, acupressure, breathing techniques, exercise, heat, cold, magnets, nutrition, diet, herbs, plant, animal and mineral AB 2190 Page 3 products, and dietary supplements to promote, maintain and restore health. BPC § 4937 also gives acupuncturists some additional authority to practice a number of other forms of Asian treatment. However, these treatments (unlike the practice of acupuncture itself) are not restricted to the acupuncture profession. The primary responsibility of the CAB is to protect California consumers from incompetent, and/or fraudulent practice through the enforcement of the Acupuncture Licensure Act and the CAB's regulations. The CAB implements regulatory programs and performs a variety of functions to protect consumers. These activities include setting licensure requirements for acupuncturists, developing and administering the licensure exam, issuing and renewing licenses, overseeing the investigation of complaints against licensees or allegations of unlicensed activity, overseeing the continuing education (CE) program and monitoring probationer acupuncturists. Sunset Review Oversight Hearings. In March of 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted several joint oversight hearings to review 11 regulatory entities, including the CAB. This bill is intended to implement legislative changes as recommended by the Committees' staff Background Papers prepared for each entity reviewed. Continued Regulation of Acupuncturists by the CAB. The health, safety, and welfare of consumers is protected by a well-regulated acupuncture profession. While the CAB has had issues in the past, the current CAB is newly formed and has stated a strong commitment to protecting the public, ameliorating past deficiencies, and improving efficiency in its operations. Staff of the Committees has observed improvements in the CAB's operations since its last sunset review in 2014 and notes that the CAB has taken significant steps in improving its AB 2190 Page 4 overall administration and performances. The CAB has responded to the request to promulgate consumer protection regulations, has improved in processing time for applications, has made strides to improve CE oversight, and has made changes to staff and management. Therefore, this bill will extend the CAB's sunset date to January 1, 2019. REGISTERED SUPPORT: None on file. REGISTERED OPPOSITION: None on file. Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301