BILL NUMBER: AB 1889	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 22, 2012

   An act to amend Section  3209.3 of the Labor Code,
relating to workers' compensation   4938 of the Business
and Professions Code, relating to acupuncture  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1889, as amended, Fong.  Workers' compensation:
acupuncturists.   Acupuncture: license requirements.
 
   Existing law, the Acupuncture Licensure Act, provides for an
Acupuncture Board within the Department of Consumer Affairs to
license and regulate the practice of acupuncture.  
   Existing law requires the board to issue a license to practice
acupuncture to a person who files an application, pays a fee, and
meets specified criteria, including taking a written examination and
completing a clinical internship program.  
   This bill would require an applicant for a license to practice
acupuncture to also pass a practical examination administered by the
board.  
   Existing workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, or in the course of, employment. Existing law prohibits an
acupuncturist, as defined, from being authorized to determine
disability for certain purposes relating to workers' compensation
disability payments and benefits.  
   This bill would delete this prohibition. The bill would also make
technical changes. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4938 of the   Business
and Professions Code  is amended to read: 
   4938.  The board shall issue a license to practice acupuncture to
any person who makes an application and meets the following
requirements:
   (a) Is at least 18 years of age.
   (b) Furnishes satisfactory evidence of completion of one of the
following:
   (1) An educational and training program approved by the board
pursuant to Section 4939.
   (2) Satisfactory completion of a tutorial program in the practice
of an acupuncturist which is approved by the board.
   (3) In the case of an applicant who has completed education and
training outside the United States and Canada, documented educational
training and clinical experience which meets the standards
established pursuant to Sections 4939 and 4941.
   (c) Passes a written examination  and a practical examination
 administered by the board that tests the applicant's ability,
competency, and knowledge in the practice of an acupuncturist. The
written  examination   and practical
examinations  shall be developed by the Office of Professional
Examination Services of the Department of Consumer Affairs.
   (d) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
   (e) Completes a clinical internship training program approved by
the board. The clinical internship training program shall not exceed
nine months in duration and shall be located in a clinic in this
state, which is approved by the board pursuant to Section 4939. The
length of the clinical internship shall depend upon the grades
received in the examination and the clinical training already
satisfactorily completed by the individual prior to taking the
examination. On and after January 1, 1987, individuals with 800 or
more hours of documented clinical training shall be deemed to have
met this requirement. The purpose of the clinical internship training
program shall be to ensure a minimum level of clinical competence.
   Each applicant who qualifies for a license shall pay, as a
condition precedent to its issuance and in addition to other fees
required, the initial licensure fee. 
  SECTION 1.    Section 3209.3 of the Labor Code is
amended to read:
   3209.3.  (a) "Acupuncturist" means a person who holds an
acupuncturist's certificate issued pursuant to Chapter 12 (commencing
with Section 4925) of Division 2 of the Business and Professions
Code.
   (b) "Physician" includes physicians and surgeons holding an M.D.
or D.O. degree, psychologists, acupuncturists, optometrists,
dentists, podiatrists, and chiropractic practitioners licensed by
California state law and within the scope of their practice as
defined by California state law.
   (c) "Psychologist" means a licensed psychologist with a doctoral
degree in psychology, or a doctoral degree deemed equivalent for
licensure by the Board of Psychology pursuant to Section 2914 of the
Business and Professions Code, and who either has at least two years
of clinical experience in a recognized health setting or has met the
standards of the National Register of the Health Service Providers in
Psychology.
   (d) When treatment or evaluation for an injury is provided by a
psychologist, provision shall be made for appropriate medical
collaboration when requested by the employer or the insurer.