BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 2190 Hearing Date: June 27,
2016
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|Author: |Salas |
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|Version: |June 22, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Bill Gage |
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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, and authorizes the CAB to require an
applicant who completed education outside of the United States
to submit documentation of his or her education to a credential
service approved by the CAB to assess the educational
equivalency of the applicant, and requires the CAB to establish
by regulation an application process, criteria and procedures
for the approval of a credential evaluation services.
Existing law:
1)Provides under the Acupuncture Licensure Act (Act) 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) § 4925 et seq.)
2)Defines "acupuncture" as 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 electro-acupuncture, cupping and
moxibustion. (BPC § 4927)
3)Establishes the CAB until January 1, 2017, and renders the CAB
subject to review by the appropriate policy committees of the
AB 2190 (Salas) Page 2
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Legislature. (BPC § 4928)
4)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)
5)Provides that "approved educational and training program,
means a program approved by the CAB pursuant to standards
adopted by the CAB. This authority is repealed as of January
1, 2017. (BPC § 4927.5 and § 4939)
6)Operative January 1, 2017, provides that an "approved
educational and training program" means a school or college
offering education and training in the practice of an
acupuncturist that meets requirements, as specified,
including that it has received approval of its curriculum by
the CAB, full institutional approval by the Bureau for
Private Postsecondary Education, a governmental educational
authority, or has been accredited by the Accreditation
Commission for Acupuncture and Oriental Medicine (ACAOM),
granted candidacy by ACAOM, or submitted a letter of intent
to become accredited by ACAOM. (BPC § 4927.5)
7)Operative January 1, 2017, provides that that CAB shall
establish standards for the approval of educational training
and clinical experience received outside the United States.
(BPC § 4939)
8) Provides that the CAB shall establish standards for the
approval of tutorial programs for education and training in
the practice of acupuncture that satisfies requirements, as
specified. (BPC § 4940)
9) Provides that the CAB in reviewing applications for licensure
based upon the completion of a tutorial program in
acupuncture, that the CAB may provide that credit is granted
for relevant prior training and experience when that training
or experience otherwise meets the standards set by the CAB.
(BPC § 4941)
10)Provides that the CAB shall have the authority to investigate
and evaluate each and every applicant applying for a license
to practice acupuncture and to make the final determination
AB 2190 (Salas) Page 3
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of the admission of the applicant to the examination, or for
the issuance of a license, in conformance with the Act. (BPC
§ 4944)
11)Provides for a guest acupuncturist from another state or
country to engage in the practice of acupuncture in
conjunction with lectures, clinics, or demonstrations for a
maximum of six months, as specified. (BPC § 4949)
This bill:
1) Provides that when education is completed outside the United
States, the CAB may require an applicant to submit
documentation of his or her education to a credential service
approved by the CAB for evaluation and to cause the results
of this evaluation to be reported to the CAB in order to
assess educational equivalency.
2) Requires the CAB to establish by regulation an application
process, criteria and procedures for approval of credential
evaluation services accepted by the CAB and that these
regulations shall require the credential evaluation service
to provide information, furnish evaluations, be reevaluated,
perform evaluations, and perform other functions and tasks,
as specified.
3) 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: This bill is keyed "fiscal" by Legislative Counsel.
According to the Assembly Appropriations analysis dated April
20, 2016, there would be costs of approximately $3.5 million per
year, for calendar years 2017 and 2018, to continue the
operation of the CAB beyond the current January 1, 2017 sunset
date.
COMMENTS:
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1. Purpose. This measure is sponsored by the Author. According
to the Author, 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.
2. Background on CAB. 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 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. A licensed acupuncturist
while engaged in the practice of acupuncture is permitted to
perform or prescribe the use of Asian massage, acupressure,
breathing techniques, exercise, heat, cold, magnets,
nutrition, diet, herbs, plant, animal and mineral products,
and dietary supplements to promote, maintain and restore
health.
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.
3. Sunset Review Oversight Hearings. In March of 2016, the
Senate Business and Professions Committee and the Assembly
Business and Professions Committee (Committees) conducted
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several joint oversight hearings to review 12 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.
4. Foreign Applicants Credential Evaluation Services.
Currently, the CAB has no authority to approve schools
outside the United States or provide credit for equivalency.
When the provisions of SB 1246 (Lieu, Chapter 397, Statutes
of 2014) take effect, the CAB will be required to establish
standards for outside education approval. While the CAB will
start using the ACAOM to accredit training programs when the
requirement goes into effect, the ACAOM does not approve
schools outside of the United States. This amendment will
ensure the CAB has the specific authority to utilize
educational credential evaluation services to provide a way
for applicants who obtained education from outside the U.S.
to obtain equivalent credits.
5. Clarifying Amendment Regarding CAB Approved Curriculum. SB
1246 requires, among other things, the CAB to start relying
on ACOAM; the national accrediting agency for accrediting
acupuncture schools. While all approved schools will
continue to maintain the same standards, this bill will
clarify that, so long as the school has not changed its
curriculum or had its approval revoked, the school will not
need to reapply for approval.
6. 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 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
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January 1, 2019.
7. Prior Related Legislation. SB 1246 (Lieu, Chapter 397,
Statues of 2014, among other things, extended the CAB and the
CAB's authority to appoint an executive officer until January
1, 2017, and revises acupuncture program approval
requirements.
8. Arguments in Support. The CAB is in support of this measure
and indicates that they are pleased to support the Board's
sunset bill and look forward to working with the Legislature
as the bill advances.
SUPPORT AND OPPOSITION:
Support:
California Acupuncture Board
Opposition:
None on file as of June 21, 2016.
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