BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2190


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          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:








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          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          sunset date for the CAB, it will be repealed on January 1, 2017.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  








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          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  








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          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