BILL ANALYSIS
AB 1260
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Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1260 (Huffman) - As Amended: April 20, 2009
SUBJECT : Acupuncture.
SUMMARY : Specifies that four members of the Acupuncture Board
(Board) constitute a quorum to conduct business.
EXISTING LAW :
1)Provides for the licensure and regulation of the practice of
acupuncture and establishes the Board to enforce and
administer these provisions.
2)Specifies the Board is comprised of seven members - three
acupuncturists and four public members - and five members
constitute a quorum to conduct business.
3)Requires an affirmative vote of a majority of those present at
a meeting of the Board to take any action or pass any motion.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author's office, "In
January 2003, legislation went into effect changing the
Acupuncture Board quorum requirement from 'a majority of the
appointed members' to 'five members.' At that time, the Board
consisted of nine members. In January 2006, the Acupuncture
Board was reconstituted with the nine-member board being
repealed and a new seven-member board created. No change was
made to the quorum requirement when the board membership was
reduced. This change is necessary for the board to conduct
business. If there are vacancies on the board and/or if one
member is unable to make a meeting, there is the potential for
not having a quorum to conduct business. Two meetings had to be
cancelled last year due to not having a quorum."
Background . Prior to its repeal in 2006, the then nine member
Board consisted of the following members: three acupuncturists
with at least five years of experience and not licensed as
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physicians and surgeons; one acupuncturist who is also a faculty
member of any board approved acupuncture college; one member
licensed physician and surgeon with at least two years
acupuncture experience; and four public members who are not
licensed as a physician and surgeon or an acupuncturist.
The current seven member Board, which sunsets on January 1, 2011
unless extended, consists of three acupuncturists with at least
five years of experience in acupuncture and four public members
who do not hold a license or certificate as a physician and
surgeon or acupuncturist. The three acupuncturists are
appointed by the Governor, and are to represent a cross section
of the cultural backgrounds of licensed members of the
acupuncturist profession. Since the beginning of 2008, there
are only five members actually appointed to the board - three
public members and two acupuncturists.
According to the meeting agendas published by the Board, it met
three times in 2008 and cancelled one meeting. The Board met
five times in 2007, including one special meeting via
teleconference, and met four times in 2006. The Board is
scheduled to meet four times in 2009.
Related legislation . SB 821 (Business, Professions and Economic
Development Committee) provides, among other things, that four
members of the Board, including at least one acupuncturist,
shall constitute a quorum.
Previous legislation . SB 248 (Figueroa) Chapter 659, Statutes
of 2005 repealed the nine member Board effective January 1, 2006
and created a new board of seven members with a revised
membership.
REGISTERED SUPPORT / OPPOSITION :
Support
Council of Acupuncture and Oriental Medicine Associations
(CAOMA)
Department of Consumer Affairs Acupuncture Board
Opposition
One individual
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Analysis Prepared by : Whitney Clark / B. & P. / (916)
319-3301