BILL ANALYSIS �
AB 1889
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1889 (Fong) - As Amended: March 29, 2012
SUBJECT : Acupuncture: license requirements.
SUMMARY : Requires applicants for an acupuncture license to
pass a practical examination administered by the Acupuncture
Board (Board) and developed by the Office of Professional
Examination Services of the Department of Consumer Affairs
(DCA).
EXISTING LAW :
1)Regulates and licenses the practice of acupuncture under the
Board.
2)Requires the Board to issue a license to practice acupuncture
to any person who makes an application, pays certain fees and
meets the following requirements:
a) Is at least 18 years of age.
b) Furnishes satisfactory evidence of completion of one of
the following:
i) An educational and training program approved by the
Board, as specified.
ii) Satisfactory completion of a tutorial program in the
practice of an acupuncturist which is approved by the
Board.
iii) 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 specified standards.
c) Passes a written examination administered by the Board
that tests the applicant's ability, competency, and
knowledge in the practice of an acupuncturist. The written
examination shall be developed by the Office of
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Professional Examination Services (OPES) of DCA.
d) Is not subject to denial, as specified.
e) Completes a clinical internship training program
approved by the Board, as specified.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author, "Acupuncture
applicants are not required to take a practical examination in
order to obtain a license to practice in California. Without a
standard, the Board cannot ensure consumer safety and uniformity
within the profession.
"Acupuncturists play an important role in offering healthcare.
AB 1889 will ensure consumers or patients that the acupuncturist
profession has the essential educational and clinical standards
to practice acupuncture, because any reduction to the
acupuncture examinations would dilute the quality of the
profession. The practical examination will determine if the
acupuncturist's competence to diagnose and treat patients is
effective. This will help ensure that licensed acupuncturists
have both the ability and quality to practice in California.
"This bill will require the Board, within DCA, to include a
practical examination along with a current written examination."
Background . In 1999, the practical component of the acupuncture
licensing exam was discontinued. Since that time, the licensing
exam has been entirely a written test.
Acupuncture, like other healing arts, is a uniquely hands-on
profession. The Little Hoover Commission (LHC) addressed this
in its 2004 study "Regulation of Acupuncture: A Complementary
Therapy Framework," which found:
"California's regulator has had difficulties with the
acupuncture examination, including documented fraud and criminal
charges during the 1980s that spawned security improvements that
require continuous refinement. In debating improvements to the
examination, policy-makers also have considered replacing the
California test with the examination offered by the National
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Certification Commission for Acupuncture and Oriental Medicine.
"Most other California health professionals are licensed based
on a national examination. However, the acupuncture profession
is still relatively new in its evolution within the United
States and the profession in California has evolved somewhat
differently than it has developed nationally. Just as different
nations take different regulatory approaches to acupuncture,
herbs and other modalities of traditional Oriental medicine, so
do different states. As the profession evolves in America, a
national examination may become the norm.
"However, at this juncture, the independent psychometric
analysis of the two examinations determined that while both the
California and national examinations are statistically sound and
meet all other measures of quality, the California examination
was somewhat more robust. In addition, by controlling its own
examination, California can directly control the evolution of
policies and priorities. California has been able to achieve
this goal even though the exam is administered by a private firm
under contract.
"The California examination does need to be refined to ensure
that critical knowledge is tested and passed. Further, when the
practical component of the examination was canceled in 1999,
regulators lost the means to ensure that candidates possess the
physical skills necessary for safe practice. Finally, ongoing
concerns regarding exam security plague all professional
examinations, requiring sophisticated and continuous vigilance."
Support . Supporters state, "A practical examination was
required under California law until 1999, when it was
inexplicably deleted by a budget trailer bill without benefit of
notice or policy committee hearing. Every other healthcare
professional is required to have a practical examination. We
believe such a requirement helps protect consumers as well as
improve the acupuncture profession."
Opposition . The California State Oriental Medical Association
asserts that the need for a clinical skills exam has not been
demonstrated, that clinical skills competency is best
demonstrated through clinical internships completed as part of
an accredited professional training program, and that
development of a meaningful, legally-defensible, valid, and
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reliable clinical skills exam at a reasonable cost is not
possible.
Previous legislation . AB 1116 (Yee) of 2005, requires an
individual seeking a license to practice acupuncture to complete
a postgraduate residency program, in addition to existing
requirements. This bill was subsequently amended to address a
different subject matter.
AB 1943 (Chu), Chapter 781, Statutes of 2002, increases the
entry-level curriculum standards for acupuncturists to a minimum
of 3,000 hours of study pertaining to the practice of an
acupuncturist.
SB 1951 (Figueroa) Chapter 714, Statutes of 2002, extends the
sunset dates for the Board, requests the LHC to conduct
specified comprehensive analyses, requires the Board to conduct
two specified studies, and makes other changes to the Board, as
specified.
AB 1105 (Jackson, Dunn, Reyes and Solis), Chapter 67, Statutes
of 1999, makes numerous changes in the law concerning DCA, and
includes a provision deleting the practical examination
requirement for an acupuncture license and replacing it with a
written examination.
REGISTERED SUPPORT / OPPOSITION :
Support
Council of Acupuncture and Oriental Medicine Associations
(sponsor)
American Traditional Chinese Medicine Society
Korean Acupuncture and Asian Medicine Association in U.S.A.
Opposition
California State Oriental Medical Association
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301
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