BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2190| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 2190 Page 2 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 This authority is repealed as of January 1, 2017.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 AB 2190 Page 3 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 AB 2190 Page 4 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 AB 2190 Page 5 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 AB 2190 Page 6 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 **** END ****