BILL ANALYSIS
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|Hearing Date:July 6, 2009 |Bill No:AB |
| |1260 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Gloria Negrete McLeod, Chair
Bill No: AB 1260Author:Huffman
As Amended:April 20, 2009Fiscal: No
SUBJECT: Acupuncture.
SUMMARY: Changes the number of members required to establish a quorum
to conduct business for the California Acupuncture Board (Board) from
five to four members, including at least one acupuncturist.
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 that the Board is comprised of seven members, made up of
three acupuncturists and four public members. States that 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.
This bill changes the number of members required to establish a quorum
to conduct business for the California Acupuncture Board (Board) from
five to four members, including at least one acupuncturist.
FISCAL EFFECT: Unknown. This bill has been keyed "non fiscal" by
Legislative Counsel.
COMMENTS:
1)Purpose. According to the California Acupuncture Board , the Sponsor
AB 1260
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of this measure, this bill is necessary for the Board to conduct
business. The Author states that in January 2003, legislation went
into effect changing the 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 Board was
reconstituted with the nine-member Board being repealed and a new
seven-member Board was created. However, no change was made to the
quorum requirement when the Board membership was reduced. The
Author further points that that if there are vacancies on the Board
and/or if one member is unable to make a meeting, there is a
potential for not having a quorum to conduct business. Two meetings
had to be cancelled last year due to the lack of a quorum.
2)Background. Prior to 2006, the Acupuncture License Act provided
that the Board would consist of nine members. On July 1, 2006, the
Board sunseted and SB 248 (Figueroa, Chapter 659, Statutes of 2005),
repealed the old Board and created a reconstituted Board of seven
members. Three of the seven members of the Board must be
acupuncturists with at least five years of experience in acupuncture
and four of the members shall be public members who do not hold a
license or certificate as a physician and surgeon or acupuncturist.
The Governor appoints the three acupuncturist members and two of the
public members, subject to the confirmation of the State Senate.
The Senate Rules Committee and the Speaker of the Assembly each
appoint a public member. Each of the members serve a
four-year term.
Although the Board was reconstituted in 2006, the number of members
required to establish a quorum remained at five members. Subsequent
legislation extending the sunset date of the Board did not change
this quorum requirement.
3)Prior Legislation. SB 248 (Figueroa, Chapter 659, Statutes of
2005), appointed a new Board with seven members, and sunseted the
Board on July 1, 2008.
SB 963 (Ridley-Thomas) further extended the sunset date of the Board
to January 1, 2011.
SUPPORT AND OPPOSITION:
Support:
California Acupuncture Board (Sponsor)
Council of Acupuncture and Oriental Medicine Associations
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Opposition:
None on file as of June 29, 2009
Consultant: Rosielyn Pulmano