BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 628
                                                                  Page  1

          Date of Hearing:   June 12, 2012

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER 
                                     PROTECTION
                                 Mary Hayashi, Chair
                       SB 628 (Yee) - As Amended:  May 31, 2012

           SENATE VOTE  :   (vote not relevant)
           
          SUBJECT  :   Acupuncture: regulation.

           SUMMARY  :   Codifies an existing regulation promulgated by the 
          Acupuncture Board (Board) related to an acupuncturist's 
          permitted use of the title "Doctor".  Specifically,  this bill  
          states that is unprofessional conduct for an acupuncturist to 
          use the title "Doctor" or "Dr." in the following instances: 

           In connection with the practice of acupuncture unless he or 
            she holds a license authorizing its use, or an earned 
            doctorate degree from an accredited, approved, or authorized 
            educational institution under the California Private 
            Postsecondary Education Act of 2009 in acupuncture, oriental 
            medicine, a biological science, or field otherwise related to 
            the practice of an acupuncturist authorized in the Acupuncture 
            Licensure Act (Act); or, 

           Without indicating the type of license or degree which 
            authorizes its use. 

           EXISTING LAW  : 

          1) Establishes the Board within the Department of Consumer 
             Affairs, which licenses and regulates the acupuncture 
             profession pursuant to the Act. 

          2) Provides that the Board shall establish standards for the 
             approval of schools and colleges offering education and 
             training in the practice of acupuncture, including standards 
             for the faculty in those schools and colleges, and tutorial 
             programs. 

          3) Defines an acupuncturist as an individual who has been 
             licensed to practice acupuncture pursuant to the Act.  
             Defines acupuncture as the stimulation of a certain point  or 
             points on or near the surface of the body by the insertion of 








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             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. 

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of this bill  .  According to the author's office, "SB 628 
          will place in statute the existing regulation governing the use 
          of "Doctor of Acupuncture" promulgated by the Board.  By placing 
          this regulation in statute, the Legislature and the Governor 
          will be able to help determine the next steps in the current 
          efforts to �expand the] educational doctorate in Acupuncture.  
          This legislation will help improve the quality of acupuncture in 
          California." 

           Background  .  Existing law provides that the Board shall 
          establish standards for the approval of schools and colleges 
          offering education and training in the practice of acupuncture, 
          including standards for the faculty in those schools and 
          colleges, and tutorial programs.  The Board has already 
          promulgated regulations relating to an acupuncturist's permitted 
          use of the title "Doctor".  This bill codifies those 
          regulations.

           Support  .  According to the California Acupuncture Medical 
          Association, "This bill would raise the status of acupuncture in 
          the State of California by encouraging acupuncturists with only 
          a Master's degree to go back to school for advanced studies."

          According to the New Life Healing Center, "The California 
          Acupuncture profession and California acupuncture schools have 
          been working hard to raise up the Acupuncture education standard 
          in California for the past 15 years by encouraging licensed 
          acupuncturists to go back to school for advanced studies and 
          raising school education requirements.  We are very proud to see 
          the profession approaching the doctorate entry level in the near 
          future.  The passage of SB 628 not only benefits the Acupuncture 
          professional title status, but will benefit the public interest 
          for patients and consumers."

           REGISTERED SUPPORT / OPPOSITION  :








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           Support 
           
          California Acupuncture Medical Association 
          California Communities United Institute 
          California TCM University Alumni Association 
          Council of Acupuncture and Oriental Medicine Association
          Korean Herb Research Association 
          New American Oriental & Western Medicine Academy 
          New Life Healing Center 

           Opposition 
           
          None on file.  

           Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916) 
          319-3301