BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 628
Author: Yee (D)
Amended: 8/6/11
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 59-16, 8/22/12 - See last page for vote
SUBJECT : Acupuncture
SOURCE : Author
DIGEST : This bill makes 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/she holds a license authorizing that
use or a specified degree.
Assembly Amendments delete the Senate version of the bill,
which required the California Acupuncture Board to issue a
certificate to practice as a traditional Chinese Medicine
traumatologist as specified, and instead and the current
language.
ANALYSIS :
Existing law :
1. Establishes the California Acupuncture Board (Board)
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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 states that it is unprofessional conduct for an
acupuncturist to use the title "Doctor" or "Dr." in the
following instances:
1. In connection with the practice of acupuncture unless
he/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.
2. Without indicating the type of license or degree which
authorizes its use.
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
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considered part of complementary and alternative medicine.
Herbal remedies and acupuncture are the treatments most
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
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internship training program, as specified.
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: No
According to the Assembly Appropriations Committee,
negligible state fiscal effect.
SUPPORT : (Verified 8/22/12)
Asian Pacific Islander Causes
California Acupuncture Medical Association
California Acupuncture Oriental Medicine Association
California Communities United Institute
California TCM University Alumni Association
CAN Medical Group Inc.
Korean Herb Research Association
New Life Healing Center
North American Oriental & Western Medicine Academy
ASSEMBLY FLOOR : 59-16, 8/22/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hagman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Lara,
Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Nestande, Nielsen, Norby, Pan, Perea, V. Manuel P�rez,
Portantino, Skinner, Smyth, Solorio, Swanson, Torres,
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Wieckowski, Williams, Yamada, John A. P�rez
NOES: Conway, Donnelly, Beth Gaines, Garrick, Grove,
Halderman, Jeffries, Jones, Knight, Logue, Mansoor,
Miller, Morrell, Olsen, Silva, Wagner
NO VOTE RECORDED: Charles Calderon, Cook, Gorell, Roger
Hern�ndez, Valadao
JJA:d 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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