BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2190|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 2190
Author: Salas (D), et al.
Amended: 8/16/16 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/27/16
AYES: Hill, Bates, Block, Gaines, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 5/31/16 - See last page for vote
SUBJECT: Acupuncture Board: executive officer: education
SOURCE: Author
DIGEST: This bill 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.
ANALYSIS:
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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
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 This authority is repealed as of January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)Provides, operative January 1, 2017, 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 the ACAOM. (BPC § 4927.5)
7)Provides, operative January 1, 2017, that that CAB shall
establish standards for the approval of educational training
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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
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) Specifies that any school or college offering education and
training in the practice of acupuncture that was approved by
the CAB 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 CAB.
2) Eliminates the requirement that the CAB shall establish
standards for the approval of educational training and
clinical experience received outside the United States by
January 1, 2017.
3) Specifies that "approved credential evaluation service"
means an agency or organization that is approved by the CAB
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to evaluate education completed outside the U. S. and
identify the equivalency of that education to education
completed within the U.S.
4) Provides that when education is completed outside the U.S.,
the applicant shall do both of the following:
a) Submit documentation of his or her education to a
board approved credential evaluation service for
evaluation.
b) Have the results of the evaluation sent directly from
the credential evaluation service to the board.
5) Provides that if the CAB receives the results of an
applicant's evaluation, the CAB 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 CAB may offer the
applicant additional education, training, or standardized
testing to satisfy the educational requirements.
6) Specifies that the CAB 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 U.S.
7) 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.
8) 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.
Background
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California Acupuncture Board. 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 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 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.
Foreign Applicants Credential Evaluation Services. SB 1246
(Lieu, Chapter 397, Statutes of 2014) which takes effect on
January 1, 2017, made some major changes in the way that the
CAB will approve schools within the U.S. and requires, among
other things, the CAB to start relying on the ACOAM, the
national accrediting agency, for accrediting acupuncture
schools. When the provisions of SB 1246 take effect the CAB
will also be required to establish standards for the approval of
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educational training and clinical experience received outside
the U.S. and Canada. 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, this bill will
result in ongoing costs of $3.8 million per year for the
continued operation of the CAB, costs of which are paid for by
license fee revenues. The analysis notes that the bill will
also result in minor costs to establish requirements for
assessing the educational equivalency of applicants who received
their training outside the U.S.
SUPPORT: (Verified 8/15/16)
California Acupuncture Board
OPPOSITION: (Verified8/15/16)
None received
ASSEMBLY FLOOR: 80-0, 5/31/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
AB 2190
Page 7
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
Prepared by:Bill Gage / B., P. & E.D. / (916) 651-4104
8/16/16 17:55:13
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