BILL ANALYSIS �
AB 1889
Page 1
Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1889 (Fong) - As Amended: March 29, 2012
Policy Committee: Business and
Professions Vote: 8-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill 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).
FISCAL EFFECT
1)One-time costs likely to exceed $200,000 to develop the exam
(Acupuncture Fund).
2)Ongoing costs of at least $500,000 (Acupuncture Fund) annually
to the Board administer the practical examination.
3)Because the Acupuncture Fund has a fairly low projected
balance of $440,000 at present, the fund may not be able to
support a surge in expenditures without fee increases. The
Board is currently budgeted at a level that approximately
equals revenue collected, but in recent years has not spent
funds at this level due to staff vacancies. A high balance in
this fund resulted in a $5 million GF loan in 2011-12 which
will be repaid, and this repayment would temporarily mitigate
some of the fiscal impact. However, it is doubtful that
current fees would be adequate to cover the increased costs
over the long run.
The examination fee is currently set at $550; it would have to
be increased by $500 or more per licensee to fund the
practical exam.
COMMENTS
AB 1889
Page 2
1)Rationale . According to the author, AB 1889 is intended to
ensure consumers that acupuncturists meet essential
educational and clinical standards. The author asserts a
practical examination will determine if the acupuncturist's
competence to diagnose and treat patients is effective. This
bill is sponsored by the Council of Acupuncture and Oriental
Medicine Associations, an association of acupuncturists.
2)Background . In 1999, the practical component of the
acupuncture licensing exam was discontinued. Since that time,
the licensing exam has consisted of a written test developed
by the Office of Professional Examination Services within DCA.
The Little Hoover Commission in a 2004 report and recent
legislative sunset review hearings have discussed replacing
the California-specific test with the examination offered by
the National Certification Commission for Acupuncture and
Oriental Medicine. There does not appear to be any evidence
of consumer harm, however, such as an increase in complaints
or patient injuries, as a result of the discontinuation of a
practical examination.
3)Opposition . The California State Oriental Medical
Association, also an association of acupuncturists, 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 existing accredited professional training program similar
to that in other health professions, and that development of a
meaningful, legally defensible, valid, and reliable clinical
skills exam at a reasonable cost is not possible.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081