BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2190|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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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,  







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            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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