BILL ANALYSIS
AB 1391
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Date of Hearing: January 12, 2010
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1391 (Eng) - As Amended: April 2, 2009
SUBJECT : Acupuncture Board.
SUMMARY : Extends the sunset date of the Acupuncture Board
(Board) and its authorization to appoint an executive officer
(EO) from January 1, 2011 to January 1, 2017.
EXISTING LAW :
1)Provides for the licensure and regulation of the practice of
acupuncture by the Board under the Department of Consumer
Affairs (DCA) and authorizes the Board to appoint an EO under
the Acupuncture Licensure Act.
2)Specifies that the repeal of the Board is subject to the
sunset review process, as specified.
3)Makes these provisions inoperative and repealed on January 1,
2011.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "This
Board does excellent work on the regulating and licensing of
acupuncture medical personnel. Because the Board has been doing
a good job managing their field, there is a need for the Board
to exist beyond the sunset. Therefore the bill will simply
extend the sunset of the Board and the EO."
Background . In 1994, the Legislature established the Joint
Legislative Sunset Review Committee (JLSRC) and a process for
routinely reviewing the performance of the semiautonomous
boards. JLSRC begins its review process by sending a board a
questionnaire and a request for information covering every
aspect of the board's operation for a specified period.
Although JLSRC staff and the board meet to discuss the
information and to seek input from consumer groups, all the
information supplied to the JLSRC comes from the board itself.
AB 1391
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The basic issue for JLSRC to consider during its deliberations
is whether the board should continue to regulate the profession
in question or be terminated. JLSRC gives the board an
opportunity to respond to its recommendations before presenting
them to the Legislature. As a result of its review, the JLSRC
might recommend that the Legislature terminate, or "sunset," a
board. The 1994 law provides only for the elimination of a
board, not for the actual deregulation of the profession. It
should be noted that JLSRC has not been staffed, nor has
conducted any sunset reviews in the past few years.
The Legislature is not the only body responsible for overseeing
boards. DCA is the parent organization for 35 boards and
bureaus responsible for regulating businesses and licensees
affecting the health, safety, and welfare of California
consumers. DCA is responsible for overseeing the regulatory
boards and bureaus to ensure that they carry out this mission.
Prior legislation . SB 963 (Ridley-Thomas), Chapter 385,
Statutes of 2008, extended the sunset date on seven boards,
including the Board, and their respective EOs until January 1,
2011.
SB 233 (Figueroa) of 2005 provides for the sunset of the Board
and modifies the definition of acupuncture. This bill was held
in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Council of Acupuncture and Oriental Medicine Associations
(sponsor)
California Acupuncture Board
Opposition
None on file.
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301