BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 628|
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THIRD READING
Bill No: SB 628
Author: Yee (D)
Amended: 5/31/11
Vote: 21
SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE : 5-2, 5/2/11
AYES: Price, Corbett, Correa, Negrete McLeod, Vargas
NOES: Emmerson, Walters
NO VOTE RECORDED: Hernandez, Wyland
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/23/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
SUBJECT : Acupuncture: traditional Chinese Medicine
traumatologist
SOURCE : Author
DIGEST : This bill requires, commencing May 1, 2012, the
California Acupuncture Board (Board) to issue a certificate
to practice as a traditional Chinese Medicine
traumatologist to an applicant who meets certain training
and clinical experience requirements. Requires the Board
establish the Traumatology Committee, as specified, to
advise the Board about the certification and renewal
processes for traditional Chinese Medicine traumatologist.
ANALYSIS :
CONTINUED
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Existing law :
1. Establishes the California Acupuncture Board (Board)
within the
Department of Consumer Affairs (DCA), which licenses and
regulates the acupuncture profession pursuant to the
Acupuncture Licensure Act.
2. Defines an acupuncturist as an individual who has been
licensed to practice acupuncture pursuant to the
Acupuncture Licensure Act. Defines acupuncture as the
stimulation of a certain point or points on or near the
surface of the body by the insertion of needles to
prevent or modify the perception of pain or to normalize
physiological functions, including pain control, for the
treatment of certain diseases or dysfunctions of the
body and includes the techniques of electroacupuncture,
cupping, and moxibustion.
3. States that the Board shall issue a license to practice
acupuncture to any person who applies and meets
specified requirements:
This bill:
1. Requires the Board, on or before March 1, 2012, to
establish a Traumatology Committee (Committee) within
the Board to consist of six members composed of two
representatives each from the clinical settings of
traumatology, and the California Orthopaedic
Association, and one representative each from the
Medical Board of California, and the California Medical
Association.
2. Requires the Committee meet and confer to determine
certification standards, including the level of
experience and training needed for an individual to
qualify for traditional Chinese Medicine traumatology
certification. Requires the Committee to advise the
Board in developing the application form for the
certification.
3. Requires the Board, commencing May 1, 2012 until
December 15, 2012, to issue a certificate for Chinese
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Medicine traumatology to any person who makes an
application and meets all of the following requirements,
as determined by the Committee:
A. Is at least 18 years of age.
B. Furnishes satisfactory evidence of training and
clinical experience that meets the standards
established by the Committee and confirmed by the
Board.
C. Is not subject to denial, as specified.
4. Requires the Committee evaluate whether an applicant
meets the certification standards, including the level
of experience and training to sufficiently qualify for
the traumatology certification.
5. Requires an applicant for traumatology certification,
commencing January 1, 2012, to apply for a certificate
for traumatology until December 15, 2012. Prohibits the
Board, on and after December 15, 2012, from issuing an
initial certificate to any applicant. Specifies that on
and after December 15, 2012, the Board may issue only a
renewal of a certificate. State that an individual who
is not qualified to receive a certificate or who fails
to apply for certification by December 15, 2012, shall
not hold himself/herself out as a certified
traumatologist.
6. Requires certified traditional Chinese Medicine
traumatologist, when engaging in manipulation techniques
to realign the musculoskeletal and ligamentous
relationship, be supervised by a physician and surgeon
who has completed an orthopaedic residency program. The
extent of the relationship between a traditional Chinese
Medicine traumatologist and orthopedic surgeon regarding
those manipulation techniques shall be determined by the
Committee after the qualifications necessary for
certification are defined by the Committee and adopted
by the Board.
7. Requires an applicant for certification as a
traumatologist to pay an application fee of $200 when
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submitting his or her application to the Board.
8. Requires that the certificate must be renewed every five
years, and that an expired certificate may be renewed at
any time within the three years after its expiration.
9. Specifies fees for the following: annual renewal ($100),
delinquency ($25), duplicate or replacement wall
certificates ($15), and duplicate or replacement renewal
receipt ($10).
10.States that moneys received pursuant to certification
shall be deposited in the Acupuncture Fund.
11.Provides that it is an unfair business practice for any
person to hold himself or herself out as a certified
traditional Chinese Medicine traumatologist or use the
title "certified traditional Chinese Medicine
traumatologist" without meeting the requirements of this
bill.
12.Applies existing law provisions that currently relates
to licensed acupuncturists to certified traditional
Chinese Medicine.
13.Provides that a person who holds a certificate to
practice traditional Chinese Medicine traumatology is
subject to existing disciplinary provisions contained in
the Acupuncture Licensure Act.
14.Applies relevant provisions of the Acupuncture Licensure
Act to certified traditional Chinese Medicine Makes
other technical, clarifying and conforming changes.
Background
According to the National Institutes of Health's (NIH)
National Center for Complementary and Alternative Medicine
(Center)," traditional Chinese Medicine (TCM) originated in
ancient China and has evolved over thousands of years. TCM
practitioners use herbs, and other methods to treat a wide
range of conditions. In the United States, TCM is
considered part of complementary and alternative medicine.
Herbal remedies and acupuncture are the treatments most
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commonly used by TCM practitioners. Other TCM practices
include cupping, mind-body therapy and dietary therapy.
Although TCM is used by the American public, scientific
evidence of its effectiveness is, for the most part,
limited. Acupuncture has the largest body of evidence and
is considered safe if practiced correctly." In 1996, the
United States Food and Drug Administration approved
acupuncture needles for use by licensed practitioners. The
FDA requirements stipulate that the needles must be
sterile, nontoxic, and labeled for single use by qualified
practitioners only. In the past two decades, acupuncture's
popularity has grown in the United States. According to
the 2002 National Health Interview Survey, the largest and
most comprehensive survey of complementary and alternative
medicine, an estimated 8.2 million adults have used
acupuncture.
According to the Board, there are currently 10,271 licensed
acupuncturists and 19 approved acupuncture schools in
California. The Acupuncture Licensure Act defines
acupuncture as the stimulation of a certain point or points
on or near the surface of the body by the insertion of
needles to prevent or modify the perception of pain or to
normalize physiological functions, including pain control,
for the treatment of certain diseases or dysfunctions of
the body and includes the techniques of electroacupuncture,
cupping, and moxibustion. The Act provides that an
acupuncturist's license authorizes the holder to engage in
the practice of acupuncture and to perform or prescribe the
use of Asian massage, acupressure, breathing techniques,
exercise, heat, cold, magnets, nutrition, diet, herbs,
plant, animal, and mineral products, and dietary
supplements to promote, maintain, and restore health. The
Act further provides an applicant for acupuncture licensure
to furnish evidence of completion of an educational and
training program approved by the Board or a tutorial
program in the practice of acupuncture that is approved by
the Board. Students entering programs on or after January
1, 2005 are required to fulfill a minimum of 3,000 hours of
study pertaining to the practice of acupuncture.
Additionally, an applicant must pass a written examination
administered by the Board, and complete a clinical
internship training program, as specified.
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Comments
According to the author's office, this bill provides a way
for traumatologists to become certified. Traumatology is
one of the modalities that constitute TCM. Before China
systemized their health care system, individuals acquired
their mastery of traumatology through a master-apprentice
relationship. These practitioners learned from a master
through hands-on training. Although highly skilled, it is
extremely difficult for these practitioners to obtain proof
of their training to qualify for the existing requirements
for licensure.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Certification process
-administration Up to $120 Minor,
absorbable Special*
costs ongoing
-fee revenue ($20) ($10)
($10) Special*
*Acupuncture Fund
JJA:do 5/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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