BILL ANALYSIS
AB 1260
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ASSEMBLY THIRD READING
AB 1260 (Huffman)
As Amended April 20, 2009
Majority vote
BUSINESS & PROFESSIONS 8-2
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|Ayes:|Hayashi, Conway, Eng, | | |
| |Hernandez, Nava, John A. | | |
| |Perez, Ruskin, Smyth | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Emmerson, Niello | | |
| | | | |
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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. This bill is keyed non-fiscal.
COMMENTS : 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reconstituted with the nine-member board being repealed and a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
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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."
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 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.
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.
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.
Analysis Prepared by : Whitney Clark / B. & P. / (916)
319-3301
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FN: 0000467