BILL NUMBER: SB 628 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 9, 2012
AMENDED IN ASSEMBLY FEBRUARY 23, 2012
AMENDED IN ASSEMBLY JUNE 29, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE MAY 9, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Yee
FEBRUARY 18, 2011
An act to add Section 4936 to the Business and Professions Code,
relating to acupuncture.
LEGISLATIVE COUNSEL'S DIGEST
SB 628, as amended, Yee. Acupuncture: regulation.
Existing law, the Acupuncture Licensure Act, establishes the
Acupuncture Board and makes it responsible for enforcing and
administering the act, including licensing persons who meet specified
licensure requirements. Under the act, licensees are titled
"acupuncturists," and are authorized to perform designated activities
pursuant to their license. The unlawful practice of acupuncture and
any other violation of the act is a crime.
This bill would authorize a person with a current and
valid license to practice acupuncture to use the title of
acupuncturist. The bill would authorize such a person to use the
title of Doctor of Acupuncture, as specified, only if he or she has
met certain educational requirements, thereby imposing a
state-mandated local program make it unprofessional
conduct for an acupuncturist to use the title of "Doctor" or use the
abbreviation "Dr." in connection with the practice of acupuncture
unless he or she holds a degree that is approved by the board for the
use of that title . This bill would also make it
unprofessional conduct for an acupuncturist to use the title "Doctor"
or use the abbreviation "Dr." without indicating the type of license
or certificate that entitles him or her to use that title.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4936 is added to the
Business and Professions Code , to rea d:
4936. (a) It is unprofessional conduct for an acupuncturist to
use the title "Doctor" or the abbreviation "Dr." in connection with
the practice of acupuncture unless he or she possesses a license or
certificate that authorizes the use or possesses an earned doctorate
degree from an accredited, approved, or authorized educational
institution as set forth under Article 3.5 (commencing with Section
94760) of Chapter 7 of Part 59 of Division 10 of the Education Code,
which is in acupuncture, Oriental medicine, a biological science, or
is otherwise related to the authorized practice of an acupuncturist
as set forth in Sections 4927 and 4937.
(b) The use of the title "Doctor" or the abbreviation "Dr." by an
acupuncturist as authorized above without further indicating the type
of license, certificate, or degree which authorizes that use,
constitutes unprofessional conduct.
SECTION 1. Section 4936 is added to the
Business and Professions Code, to read:
4936. (a) A person holding a license as an acupuncturist issued
by the board may use the title "acupuncturist" or any other words,
letters, or figures that indicate that the person using the title is
a licensed acupuncturist. No other person shall be so designated or
shall use the term licensed or registered acupuncturist.
(b) A licensed acupuncturist who has received a doctoral degree
relating to acupuncture or traditional Asian medicine may do both of
the following:
(1) In a written communication, use the term Doctor of Acupuncture
following the licensee's name or use the title "Doctor" or the
abbreviation "Dr." preceding the licensee's name if the licensee's
name is immediately followed by an unabbreviated specification of the
applicable doctoral degree held by the licensee.
(2) In a spoken communication while engaged in the practice of
acupuncture, use the title "doctor" preceding the person's name if
the speaker specifies that he or she is a Doctor of Acupuncture.
(c) A doctoral degree described in subdivision (b) shall be
granted by an institution that is recognized or approved by an
accrediting agency that is recognized by the United States Department
of Education.
(d) The board shall define, by regulation, the doctoral degrees
that are in a field related to acupuncture or traditional Asian
medicine for purposes of subdivision (b).
(e) An acupuncturist shall not hold himself or herself out as a
physician and surgeon to the patient.
(f) A licensed acupuncturist or a person who qualifies as a Doctor
of Acupuncture shall comply with the provisions of Section 680.5.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.