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sunset date for the CAB, it will be repealed on January 1, 2017.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