BILL NUMBER: SB 1488 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 19, 2012
AMENDED IN ASSEMBLY JUNE 12, 2012
AMENDED IN SENATE MAY 21, 2012
AMENDED IN SENATE APRIL 30, 2012
INTRODUCED BY Senator Yee
FEBRUARY 24, 2012
An act to add and repeal Chapter 12.5 (commencing with Section
4979.1) of Division 2 of the Business and Professions Code, relating
to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1488, as amended, Yee. Healing arts: California traditional
Chinese Medicine traumatologist certification.
Existing law establishes various boards that license and regulate
healing arts practitioners, including physicians and surgeons,
chiropractors, physical therapists, and massage therapists. Existing
law provides for the voluntary certification of certain
practioners, practitioners, including the
voluntary certification of massage therapists by the California
Massage Therapy Council, a nonprofit organization. Existing law
prescribes specified educational and other requirements for an
applicant to obtain a massage therapy certificate.
This bill would establish the California Traditional Chinese
Medicine Traumatology Council as a nonprofit organization to provide
for the certification and regulation of the practice of California
traditional Chinese Medicine traumatologists, as defined. The bill
would require the council to issue a certificate to practice as a
California traditional Chinese Medicine traumatologist to an
applicant who meets certain training and clinical experience
requirements , passes a written examination, and pays a
specified fee. This bill The bill would
require the council to develop, and report to the Legislature by
January 1, 2015, its standards for approving education programs, its
standards for evaluating the education, training, and clinical
experience of applicants, the written examination, and a contin
uing education program for California traditional Chinese
Medicine traumatologists. The bill would make the
meetings and deliberations of the council subject to the open meeting
requirements that apply to state bodies.
This bill would set forth procedures for the renewal of a
certificate to perform California traditional Chinese Medicine
traumatology and would establish specified fees in that regard.
This bill would prohibit treatment that constitutes the practice
of medicine or chiropractic procedures, as defined.
This bill would also make it an unfair business practice to use
the title of "California certified traditional Chinese Medicine
traumatologist" without meeting these certification requirements and
would authorize the board to suspend or revoke a certificate for
unprofessional conduct, certain fraudulent acts, or specified crimes
committed by the certificate holder.
This bill would repeal these provisions on January 1, 2017, unless
legislation is enacted before that date to remove or extend that
deadline.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 12.5 (commencing with Section 4979.1) is added
to Division 2 of the Business and Professions Code, to read:
CHAPTER 12.5. CALIFORNIA TRADITIONAL CHINESE MEDICINE
TRAUMATOLOGY
4979.1. As used in this chapter:
(a) "California certified traditional Chinese Medicine
traumatologist" means a person who has been certified by the
California Traditional Chinese Medicine Traumatology Council to
perform California traditional Chinese Medicine traumatology.
(b) "Council" means the California Traditional Chinese Medicine
Traumatology Council.
(c) "California traditional Chinese Medicine traumatology"
includes a range of treatments to address both acute and chronic
musculoskeletal conditions through stimulation of acupressure points.
Techniques include, but are not limited to, brushing, kneading,
rolling, pressing, rubbing, pushing, holding, and lifting the areas
between each of the joints to open the body's defensive chi and
stimulate the energy movement in both meridians, but do not include
manipulation techniques to realign the musculoskeletal and
ligamentous relationship, also known as bone setting.
4979.3. (a) The California Traditional Chinese Medicine
Traumatology Council shall be established as a nonprofit organization
exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code, for the purpose of developing standards for, and certifying
the practice of, California traditional Chinese Medicine
traumatology. The council may commence activities as authorized by
this section after submitting a request to the Internal Revenue
Service seeking the exemption.
(b) (1) The council shall consist of five members, composed of
three representatives from the clinical settings of traumatology, and
one representative each from the Medical Board of California and the
California Medical Association.
(2) Representatives from the clinical settings of traumatology
shall be selected by professional societies, associations, or other
entities, whose memberships are comprised solely of practitioners of
California traditional Chinese Medicine traumatology.
(3) To qualify, a professional society, association, or entity
shall have a dues-paying membership in California of at least 30
individuals for the last three years and shall have bylaws that
require its members to comply with a code of ethics.
(c) (1) Subject to subdivision (e), the council shall meet and
confer to determine the certification standards, including the level
of experience and training needed for an individual to qualify for
certification in California traditional Chinese Medicine
traumatology.
(2) The council shall develop the application form for
certification.
(3)
(c) The meetings and deliberations of the council shall
be subject to the provisions of the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code).
(d) The council shall issue a certificate for California certified
traditional Chinese Medicine traumatology to any person who makes an
application and meets all of the following requirements, as
determined by the council pursuant to subdivision (e):
(1) Is at least 18 years of age.
(2) Furnishes satisfactory evidence of training and clinical
experience that meets the standards established by the council.
(3) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
(e) The council shall evaluate whether an applicant meets the
certification standards, including the level of experience and
training to sufficiently qualify for the traumatology certification.
(f) An individual who is not qualified to receive a certificate
under this section, or who fails to apply for certification under
this section, shall not hold himself or herself out as a California
certified traditional Chinese Medicine traumatologist pursuant to
this section.
4979.3.5. (a) The council shall issue a certificate for
California certified traditional Chinese Medicine traumatology to any
person who makes an application on a form developed by the council,
and meets all of the following requirements:
(1) Is at least 18 years of age.
(2) Furnishes satisfactory evidence of one of the following:
(A) Satisfactory completion of an educational and clinical
training program approved by the council requiring a minimum of 880
hours of instruction in California traditional Chinese Medicine
traumatology.
(B) In the case of an applicant who has completed education and
training outside the United States and Canada, documented education,
training, and at least eight years clinical experience in traditional
Chinese Medicine traumatology that meets the standards established
by the council pursuant to subdivision (c).
(3) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
(4) Passes a written examination developed and administered by the
council that tests the applicant's ability, competency, and
knowledge in the practice of a traditional Chinese Medicine
traumatologist.
(b) The council shall investigate all of the documentation
provided by the applicant and verify its authenticity to evaluate
whether an applicant meets the certification standards, including the
level of experience and training to sufficiently qualify for the
traumatology certification.
(c) The council shall develop, and report to the Legislature by
January 1, 2015, all of the following:
(1) The standards for approval of educational and clinical
training programs pursuant to subparagraph (A) of paragraph (2) of
subdivision (a).
(2) The standards for evaluating the education, training, and
clinical experience of an applicant pursuant to subparagraph (B) of
paragraph (2) of subdivision (a).
(3) The written examination pursuant to paragraph (4) of
subdivision (a).
(4) A continuing education program for California certified
traditional Chinese Medicine traumatologists.
4979.4. (a) A California certified traditional Chinese Medicine
traumatologist shall not practice medicine, as defined in Section
2052.
(b) A California certified traditional Chinese Medicine
traumatologist shall not practice within the scope of activities
regulated by the State Board of Chiropractic Examiners.
4979.5. (a) An applicant for California traditional Chinese
Medicine traumatology certification shall file an application for a
certificate for California traditional Chinese Medicine traumatology
with the council.
(b) An individual who is not qualified to receive a certificate
under this section shall not hold himself or herself out as a
California certified traditional Chinese Medicine traumatologist.
4979.6. An applicant for certification as a California
traditional Chinese Medicine traumatologist shall pay an application
fee in a reasonable amount, not to exceed two hundred dollars ($200)
for the regulatory cost to the council of processing the application,
when submitting his or her application to the council.
4979.7. A California certified traditional Chinese Medicine
traumatologist shall renew his or her certificate every two years.
4979.8. An expired certificate may be renewed at any time within
six months after its expiration. The holder of the certificate shall
pay all accrued and unpaid renewal fees, plus a delinquency fee.
(a) The renewal fee shall be one hundred dollars ($100).
(b) The delinquency fee shall be twenty-five dollars ($25).
(c) The fee for a duplicate or replacement engraved wall
certificate shall be fifteen dollars ($15).
(d) The fee for a duplicate or replacement renewal receipt/pocket
certificate shall be ten dollars ($10).
4979.9. Moneys received under this section shall be utilized by
the council to pay for the costs associated with administering this
chapter.
4979.10. It is an unfair business practice for any person to hold
himself or herself out as a California certified traditional Chinese
Medicine traumatologist or use the title of "California certified
traditional Chinese Medicine traumatologist" without meeting the
requirements of this chapter.
4979.11. It is a violation of this chapter for a certificate
holder to commit, and the council may deny an application for a
certificate or suspend or revoke a certificate for, any of the
following:
(a) Unprofessional conduct, including, but not limited to, denial
of licensure or certification, revocation, suspension, restriction,
or any other disciplinary action against a certificate holder by
another state or territory of the United States, by any other
government agency, or by another entity. A certified copy of the
decision, order, or judgment shall be conclusive evidence of these
actions.
(b) Procuring a certificate by fraud, misrepresentation, or
mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter or any rule or bylaw adopted by the
council.
(d) Conviction of any felony, or conviction of a misdemeanor that
is substantially related to the qualifications or duties of a
certificate holder, in which event the record of the conviction shall
be conclusive evidence of the crime.
(e) Impersonating an applicant or acting as a proxy for an
applicant in any part of the application process or any part of
satisfying the standards set by the council referred to under this
chapter for the issuance of a certificate.
(f) Impersonating a California certified traditional Chinese
Medicine traumatologist, or permitting or allowing an uncertified
person to use a certificate.
(g) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a
certificate holder.
(h) Committing any act punishable as a sexually related crime.
4979.12. This chapter shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.