BILL ANALYSIS
AB 1391
Page 1
ASSEMBLY THIRD READING
AB 1391 (Eng)
As Amended April 2, 2009
Majority vote
BUSINESS & PROFESSIONS 7-1 APPROPRIATIONS 12-4
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|Ayes:|Hayashi, Eng, Hernandez, |Ayes:|De Leon, Ammiano, |
| |Hill, Nava, John A. | |Bradford, Charles |
| |Perez, Ruskin | |Calderon, Coto, Davis, |
| | | |Fuentes, Hall John A. |
| | | |Perez, Skinner, |
| | | |Solorio,Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Niello |Nays:|Conway, Harkey, Miller, |
| | | |Audra Strickland |
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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3)Makes these provisions inoperative and repealed on January 1,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 : According to the Assembly Appropriations
Committee, annual fee-supported special fund costs of $1.5
million to $2 million until 2017 to extend the Board sunset date
and continue oversight of professionals practicing acupuncture.
The Board provides oversight of scope of practice, licensure,
AB 1391
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and educational accreditation.
COMMENTS : 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."
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. 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.
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301
FN: 0003589