BILL NUMBER: AB 1260 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huffman
FEBRUARY 27, 2009
An act to amend Sections 4933, 4938, and 4939 of, and to amend and
repeal Section 4940 of, the Business and Professions Code, relating
to acupuncture.
LEGISLATIVE COUNSEL'S DIGEST
AB 1260, as introduced, Huffman. Acupuncture.
Existing law, the Acupuncture Licensure Act, provides for the
licensure and regulation of the practice of acupuncture and
establishes the Acupuncture Board to enforce and administer these
provisions.
(1) Under existing law, the board is comprised of 7 members, 3
acupuncturists and 4 public members, and 5 members constitute a
quorum to conduct business.
This bill would instead specify that 4 members of the board,
including at least one acupuncturist, constitute a quorum to conduct
business.
(2) Existing law requires an applicant for licensure to meet
certain education and training requirements, which may be met by
completion of an educational and training program approved by the
board, by satisfactory completion of a tutorial program, or, in the
case of an applicant who has completed education and training outside
of the United States and Canada, by specified documented educational
and clinical experience. Existing law also requires an applicant for
licensure to complete a clinical internship training program.
This bill would delete the requirement that an applicant for
licensure complete a clinical internship training program. The bill
would require an applicant who meets the education and training
requirements by completion of a tutorial program to complete the
program no later than December 31, 2014. The bill would also apply
the specified documented educational and clinical experience
applicable to foreign applicants to applicants who have completed
education and training in Canada. The bill would allow an applicant
who has completed education and training outside of California but
within the United States to meet the education and training
requirements with documented educational training and clinical
experience that meets certain standards.
(3) Existing law requires the board to establish standards for the
approval of schools and colleges offering education and training in
the practice of an acupuncturist. Under existing law, a program
approved by the board is required to receive additional approval, as
specified, within 3 years.
This bill would instead require the board's standards to include a
requirement that the program be located in a school or college
accredited by an accrediting agency recognized by the United States
Department of Education, as specified. The bill would require that a
program approved prior to January 1, 2010, meet this requirement by
January 1, 2013.
(4) Existing law requires the Acupuncture Board to establish
standards for the approval of tutorial programs for education and
training in the practice of acupuncture and for the approval of
supervising acupuncturists. Existing law provides that an
acupuncturist who meets certain standards shall be approved to
supervise a trainee.
This bill would repeal these provisions on January 1, 2015. The
bill would also prohibit the board, on and after January 1, 2010,
from approving any new tutorial program under these provisions, but
would provide that a person approved to participate in a tutorial
program prior to that date be allowed to continue with the program,
as long as it is completed by December 31, 2014.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4933 of the Business and Professions Code is
amended to read:
4933. (a) The board shall administer this chapter.
(b) The board may adopt, amend, or repeal, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
regulations as may be necessary to enable it to carry into effect the
provisions of law relating to the practice of acupuncture.
(c) Five Four members of the board
, including at least one member who is an
acupuncturist, shall constitute a quorum to conduct business.
(d) It shall require an affirmative vote of a majority of those
present at a meeting of the board to take any action or pass any
motion.
SEC. 2. Section 4938 of the Business and Professions Code is
amended to read:
4938. The board shall issue a license to practice acupuncture to
any person who makes an application and meets the following
requirements:
(a) Is at least 18 years of age.
(b) Furnishes satisfactory evidence of completion of one of the
following:
(1) An educational and training program approved by the board
pursuant to Section 4939.
(2) Satisfactory completion on or before December 31, 2014,
of a tutorial program in the practice of an acupuncturist
which that is approved by the board.
(3) In the case of an applicant who has completed education and
training outside of California, but within the United States,
documented educational training and clinical experience that meets
the standards established pursuant to Section 4939. Educational
training for purposes of this paragraph shall be obtained at a school
or college approved by an accrediting agency of acupuncture and
Asian medicine programs that is recognized by the United States
Department of Education.
(3)
(4) In the case of an applicant who has completed
education and training outside the United States and Canada
, documented educational training and clinical experience
which that meets the standards
established pursuant to Sections 4939 and 4941.
(c) Passes a written examination administered by the board that
tests the applicant's ability, competency, and knowledge in the
practice of an acupuncturist. The written examination shall be
developed by the Office of Examination Resources of the Department of
Consumer Affairs.
(d) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
(e) Completes a clinical internship training program approved by
the board. The clinical internship training program shall not exceed
nine months in duration and shall be located in a clinic in this
state, which is approved by the board pursuant to Section 4939. The
length of the clinical internship shall depend upon the grades
received in the examination and the clinical training already
satisfactorily completed by the individual prior to taking the
examination. On and after January 1, 1987, individuals with 800 or
more hours of documented clinical training shall be deemed to have
met this requirement. The purpose of the clinical internship training
program shall be to assure a minimum level of clinical competence.
Each applicant who qualifies for a license shall pay, as a
condition precedent to its issuance and in addition to other fees
required, the initial licensure fee.
SEC. 3. Section 4939 of the Business and Professions Code is
amended to read:
4939. (a) On or before January 1, 2004, the
The board shall establish standards for the approval of
schools and colleges training programs in
California offering education and training in the practice of
an acupuncturist, including standards for the faculty in those
schools and colleges and tutorial training
programs, completion of which will
shall satisfy the requirements of Section 4938.
(b) Standards for the approval of training programs shall include
both of the following requirements:
(1) The training program shall include
a minimum of 3,000 hours of study in curriculum pertaining to
the practice of an acupuncturist. This subdivision
paragraph shall apply to all students entering programs
on or after January 1, 2005.
(c) Within three years of initial approval by the board, each
program so approved by the board shall receive full institutional
approval under Article 3.5 (commencing with Section 94760) of Chapter
7 of Part 59 of the Education Code in the field of traditional Asian
medicine, or in the case of institutions located outside of this
state, approval by the appropriate governmental educational authority
using standards equivalent to those of Article 3.5 (commencing with
Section 94760) of Chapter 7 of Part 59 of the Education Code, or the
board's approval of the program shall automatically lapse.
(2) The training program shall be located in a school or college
accredited by an accrediting agency that is recognized by the United
States Department of Education to accredit acupuncture and Asian
medicine programs. A training program approved prior to January 1,
2010, shall satisfy this paragraph on or before January 1, 2013, or
the board's approval of the training program shall automatically
lapse.
SEC. 4. Section 4940 of the Business and Professions Code is
amended to read:
4940. (a) The board shall establish standards for the approval of
tutorial programs for education and training in the practice of
acupuncture , that satisfy the requirements of
Section 4938. The board shall also establish standards for the
approved supervising acupuncturists.
(b) An acupuncturist shall be approved to supervise a trainee,
provided the supervisor meets the following conditions:
(1) Is licensed to practice acupuncture in this state and that
license is current, valid, and has not been suspended or revoked or
otherwise subject to disciplinary action.
(2) Has filed an application with the board.
(3) Files with the board the name of each trainee to be trained or
employed and a training program satisfactory to the board.
(4) Does not train or employ more than two acupuncture trainees at
any one time.
(5) Has at least 10 years of experience practicing as an
acupuncturist and has been licensed in this state for at least five
years.
(6) Is found by the board to have the knowledge necessary to
educate and train the trainee in the practice of an acupuncturist.
The amendments made to this section at the 1993 portion of the
1993-94 Regular Session of the Legislature shall not affect the
approval of any supervising acupuncturist which has been issued prior
to the effective date of those amendments.
(c) As of January 1, 2010, the board shall not approve any new
tutorial program under this section. Any person approved to
participate in a tutorial program prior to January 1, 2010, shall be
allowed to continue with that program, but shall complete the program
no later than December 31, 2014.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.