BILL ANALYSIS �
SB 1239
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Date of Hearing: June 26, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 1239 (Price) - As Amended: April 16, 2012
SENATE VOTE : 38-0
SUBJECT : Acupuncture.
SUMMARY : Extends the sunset date for the Acupuncture Board
(Board) and the term of the Board's executive officer (EO) by
two years, until January 1, 2017, and makes technical and
clarifying changes.
EXISTING LAW :
1)Establishes the Board within the Department of Consumer Affairs
(DCA), which licenses and regulates the acupuncture profession
pursuant to the Acupuncture Licensure Act (Act), until January
1, 2015.
2)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,
SB 1239
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magnets, nutrition, diet, herbs, plant, animal, and mineral
products, and dietary supplements to promote, maintain, and
restore health.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "This
bill is one of four 'sunset bills' authored by the Chair of the
Senate Business, Professions and Economic Development Committee
and is necessary to extend the sunset date of the Board in order
to continue the regulation of acupuncturists in California.
This bill extends the sunset date on the provisions establishing
the Board and the term of the EO to January 1, 2015. The reason
for only extending the Board for two years was because of
identified problems and deficiencies with the Board. This bill
also makes clarifying changes to the Board's authority to
promulgate regulations regarding standards for the approval of
schools, training and educational programs. The continued
regulation will help to ensure that the Board's mission of
protecting the public is in place for an additional two years."
Background . The Board regulates approximately 10,000
individuals licensed to practice 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 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 against licensees or allegations of unlicensed
activity, overseeing the continuing education program, and
monitoring probationer acupuncturists.
Related Legislation . SB 1236 (Price) of 2012, extends the
sunset dates of the California Board of Podiatric Medicine and
the Physician Assistant Committee and makes other changes, as
specified. This bill is pending in Assembly Business,
Professions and Consumer Protection Committee.
SB 1239
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SB 1237 (Price) of 2012, extends the sunset dates for various
professional boards under the DCA and makes technical and
clarifying changes. This bill is pending in Assembly Business,
Professions and Consumer Protection Committee.
SB 1238 (Price) of 2012, extends the sunset date of the Board of
Psychology and the Board of Behavioral Sciences and extends
their authority to appoint an EO. This bill is pending in
Assembly Business, Professions and Consumer Protection
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301