BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1239|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1239
Author: Price (D)
Amended: 4/16/12
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COM : 7-0, 04/23/12
AYES: Price, Emmerson, Corbett, Correa, Hernandez,
Strickland, Wyland
NO VOTE RECORDED: Negrete McLeod, Vargas
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Acupuncture
SOURCE : Author
DIGEST : This bill extends to January 1, 2015 (two years
only), the provisions establishing the Acupuncture Board
(Board) and extends the term of the executive officer to
January 1, 2015. This bill makes clarifying change to the
Board's authority to promulgate regulations regarding
standards for the approval of schools, training and
educational programs; makes other technical changes.
ANALYSIS : Existing law:
1. Establishes the California Acupuncture Board within
the Department of Consumer Affairs (DCA), which
CONTINUED
SB 1239
Page
2
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. Provides that protection of the public shall be the
highest priority for the Board in exercising its
licensing, regulatory, and disciplinary functions, and
whenever the protection of the public is inconsistent
with other interests sought to be promoted, the
protection of the public shall be paramount.
4. States that a licensed acupuncturist is authorized to
do the following:
A. To engage in the practice of acupuncture.
B. 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. Nothing in
this section prohibits any person who does not possess
an acupuncturist's license or another license as a
healing arts practitioner from performing, or
prescribing the use of any of these modalities, as
specified.
1. States that the Board shall issue a license to
practice acupuncture to any person who applies and
meets the following requirements:
A. Is at least 18 years of age.
B. Furnishes satisfactory evidence of completion of
CONTINUED
SB 1239
Page
3
one of the following: 1) an education and training
program, as specified; 2) satisfactory completion of a
tutorial program in the practice of an acupuncturist
which is approved by the Board; or 3) In the case of
an applicant who has completed education and training
outside the United States and Canada, documented
education training and clinical experience, as
specified.
C. Passage of a written examination administered by
the Board, as specified.
D. Completion of a clinical internship training
program approved by the Board.
This bill:
1.Extends until January 1, 2015, the provisions
establishing the Board.
2.Extends until January 1, 2015, the term of the executive
officer of the Board.
3.Makes clarifying change to the Board's authority to
promulgate regulations regarding standards for the
approval of schools, training and educational programs.
4.Makes other technical changes.
Background
The Board regulates the practice of acupuncture and Asian
medicine in the State of California. The Board establishes
and maintains entry standards of qualification, primarily
through its authority to license. The primary
responsibility of the Board is to protect California
consumers from incompetent, and/or fraudulent practice
through the enforcement of the Acupuncture Licensure Act
and the Board's regulations. The Board implements
regulatory programs and performs a variety of functions to
protect consumers. These activities include setting
licensure requirements for acupuncturists, developing and
administering the licensure exam, issuing and renewing
licenses, overseeing the investigation of complaints
CONTINUED
SB 1239
Page
4
against licensees or allegations of unlicensed activity,
overseeing the continuing education program, and monitoring
probationer acupuncturists.
The practice of acupuncture involves the stimulation of
certain 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. An
acupuncturist is also allowed 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. However, unlike
the practice of acupuncture itself, these treatments and
modalities are not restricted just to the acupuncture
profession.
There are approximately 10,000 active licensees in
California. The Board has an annual operating budget of
approximately $1.5 million. The Board is a special fund
agency, and its funding comes from the licensing of
acupuncturists and biennial renewal fees of acupuncturists,
as well as acupuncture schools and continuing education
(CE) providers. Currently, the license and renewal fee for
acupuncturists is $325. The Board also receives revenue
through its cite and fine program. The average revenue
from fines over the past three fiscal years (2008/09
through 2010/11) is $87,000.
The Board's anticipated expenditures for FY 2010/2011 are
$1.9 million. The Board is scheduled to loan the General
Fund $5 million in Fiscal Year 2011/12. That loan is
scheduled to be repaid with interest in FY 2013/14.
However, the reserve funds will be reduced to 2.1 months
before the loan is scheduled for repayment. The Board
spends approximately 40% of its budget on its enforcement
program, with the major portion of these expenditures going
to operating expenses and equipment.
The Board is authorized nine staff positions, three of
which were vacant when the Board submitted its sunset
CONTINUED
SB 1239
Page
5
review report in November 1, 2011. Due to the hiring
freeze at that time, the Board had not filled these
positions. The Board stated that "the vacancies have had a
negative impact on the Board's ability to handle our
workload;" however, there was no evidence provided by the
Board to support this statement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, estimated
annual cost of $1.99 million from the Acupuncture Fund
(1110-0108) based on the 2010-11 Budget Act, all costs
offset by existing fees.
JJA:nl 5/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****
CONTINUED