Amended in Senate April 23, 2014

Senate Bill No. 1246

Introduced by Senator Lieu

(Principal coauthor: Assembly Member Bonilla)

February 20, 2014

An act to amend Sections 4928 begin delete and 4934 of end delete begin insert , 4934, 4935, 4938, 4944, 4949, and 4970 of, to amend and repeal Section 4973 of, to amend, repeal, and add Section 4939 of, to add Section 4933.5 to, and to add and repeal Section 4927.5 of, end insert the Business and Professions Code, relating to begin delete the Acupuncture Board end delete begin insert acupuncture end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 1246, as amended, Lieu. begin delete The Acupuncture Board. end delete begin insert Acupuncture. end insert

Existing law begin insert , the Acupuncture Licensure Act, end insert provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board, within the Department of Consumer Affairs. Existing law authorizes the board, with the approval of the Director of Consumer Affairs, to employ personnel necessary to administer the Acupuncture Licensure Act begin insert , including an executive officer who is exempt from civil service end insert . Existing law repeals these provisions on January 1, 2015.

This bill would begin insert remove the repeal date with respect to the board’s authority to employ personnel. The bill would also end insert extend the operation of begin delete those provisions until January 1, 2019 end delete begin insert the board and its authority to hire an executive officer exempt from civil service until January 1, 2017. The bill would require that the executive officer appointed on or after January 1, 2015, not have served as the executive officer of the board at any time prior to January 1, 2015 end insert .

begin insert

Existing law requires the board to establish standards for the approval of schools and colleges offering education and training in the practice of an acupuncturist, as specified. Existing law requires the board to issue a license to practice acupuncture to a person who files an application, pays a fee, and among other requirements, completes an educational and training program approved by the board.

end insert begin insert

Commencing January 1, 2017, this bill would eliminate the requirement that the board approve schools and colleges offering education and training in the practice of acupuncture and would instead require that an approved school or college, for purposes of licensure, be accredited by the Accreditation Commission for Acupuncture and Oriental Medicine. The bill would make related conforming changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4927.5 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 4927.5. end insert   

(a) For purposes of this chapter, “approved
educational and training program” means a program approved
by the board pursuant to Section 4939.

(b) This section 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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4927.5 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4927.5. end insert   

(a) For purposes of this chapter, “approved
educational and training program” means a school or college
offering education and training in the practice of an acupuncturist
that meets both of the following requirements:

(1) Is accredited by the Accreditation Commission for
Acupuncture and Oriental Medicine.

(2) Within three years of initial accreditation under paragraph
(1), has received full institutional approval under Article 6
(commencing with Section 94885) of Chapter 8 of Part 59 of
Division 10 of Title 3 of the Education Code in the field of
traditional Asian medicine, or in the case of institutions located
outside of this state, approval by the appropriate governmental
educational authority using standards equivalent to those of Article
6 (commencing with Section 94885) of Chapter 8 of Part 59 of
Division 10 of Title 3 of the Education Code.

(b) This section shall become operative on January 1, 2017.

end insert

begin delete SECTION 1. end delete
begin insert SEC. end insert begin insert 3. end insert   

Section 4928 of the Business and Professions Code is
amended to read:

4928.  

(a) The Acupuncture Board, which consists of seven
members, shall enforce and administer this chapter.

(b) This section shall remain in effect only until January 1, begin delete 2019, end delete
begin insert 2017, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2019, end delete begin insert 2017, end insert deletes or extends
that date.

(c) Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.

begin delete

SEC. 2.  

Section 4934 of the Business and Professions Code is
amended to read:

4934.  

(a) The board, by and with the approval of the director,
may employ personnel necessary for the administration of this
chapter. The board, by and with the approval of the director, may
appoint an executive officer who is exempt from the provisions
of the State Civil Service Act (Part 2 (commencing with Section
18500) of Division 5 of Title 2 of the Government Code).

(b) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4933.5 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4933.5. end insert   

The board, by and with the approval of the director,
may employ personnel necessary for the administration of this
chapter.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4934 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4934.  

(a) The board, begin delete by and with the approval of the director,
may employ personnel necessary for the administration of this
chapter, and the board, end delete by and with the approval of the director,
may appoint an executive officer who is exempt from begin delete the
provisions of end delete the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 2 of the Government Code).
begin insert The executive officer appointed on or after January 1, 2015, shall
not have served as the executive officer of the board at any time
prior to January 1, 2015. end insert

(b) This section shall remain in effect only until January 1, begin delete 2015, end delete
begin insert 2017, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2015, end delete begin insert 2017, end insert deletes or extends
that date.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4935 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4935.  

(a) (1) It is a misdemeanor, punishable by a fine of not
less than one hundred dollars ($100) and not more than two
thousand five hundred dollars ($2,500), or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment, for any person who does not hold a current and
valid license to practice acupuncture under this chapter or to hold
himself or herself out as practicing or engaging in the practice of
acupuncture.

(2) It is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100) and not more than two thousand five
hundred dollars ($2,500), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment, for
any person to fraudulently buy, sell, or obtain a license to practice
acupuncture, or to violate the provisions of this chapter.

(b) Notwithstanding any other begin delete provision of end delete law, any person,
other than a physician and surgeon, a dentist, or a podiatrist, who
is not licensed under this article but is licensed under Division 2
(commencing with Section 500), who practices acupuncture
involving the application of a needle to the human body, performs
any acupuncture technique or method involving the application of
a needle to the human body, or directs, manages, or supervises
another person in performing acupuncture involving the application
of a needle to the human body is guilty of a misdemeanor.

(c) A person holds himself or herself out as engaging in the
practice of acupuncture by the use of any title or description of
services incorporating the words “acupuncture,” “acupuncturist,”
“certified acupuncturist,” “licensed acupuncturist,” “Asian
medicine,” “oriental medicine,” or any combination of those words,
phrases, or abbreviations of those words or phrases, or by
representing that he or she is trained, experienced, or an expert in
the field of acupuncture, Asian medicine, or Chinese medicine.

(d) Subdivision (a) shall not prohibit a person from
administering acupuncture treatment as part of his or her
educational training if he or she:

(1) Is engaged in a course or tutorial program in acupuncture,
as provided in this chapter; or

(2) Is a graduate of begin delete a school of acupuncture approved by the
board end delete begin insert an approved educational and training program end insert and
participating in a postgraduate review course that does not exceed
one year in duration at begin delete a school approved by the board end delete begin insert an approved
educational and training program end insert .

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 4938 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4938.  

The board shall issue a license to practice acupuncture
to any person who makes an application and meets the following
requirements:

(a) Is at least 18 years of age.

(b) Furnishes satisfactory evidence of completion of one of the
following:

(1) An begin insert approved end insert educational and training begin delete program approved
by the board pursuant to Section 4939 end delete begin insert program end insert .

(2) Satisfactory completion of a tutorial program in the practice
of an acupuncturist which is approved by the board.

(3) In the case of an applicant who has completed education
and training outside the United States and Canada, documented
educational training and clinical experience begin delete which end delete begin insert that end insert meets the
standards established pursuant to Sections 4939 and 4941.

(c) Passes a written examination administered by the board that
tests the applicant’s ability, competency, and knowledge in the
practice of an acupuncturist. The written examination shall be
developed by the Office of Professional Examination Services of
the Department of Consumer Affairs.

(d) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).

(e) Completes a clinical internship training program approved
by the board. The clinical internship training program shall not
exceed nine months in duration and shall be located in a clinic in
this state, which is begin delete approved by the board pursuant to Section 4939 end delete
begin insert an approved educational and training program end insert . The length of the
clinical internship shall depend upon the grades received in the
examination and the clinical training already satisfactorily
completed by the individual prior to taking the examination. On
and after January 1, 1987, individuals with 800 or more hours of
documented clinical training shall be deemed to have met this
requirement. The purpose of the clinical internship training
program shall be to ensure a minimum level of clinical competence.

Each applicant who qualifies for a license shall pay, as a
condition precedent to its issuance and in addition to other fees
required, the initial licensure fee.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 4939 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

4939.  

(a) The board shall establish standards for the approval
of schools and colleges offering education and training in the
practice of an acupuncturist, including standards for the faculty in
those schools and colleges begin delete and tutorial programs end delete , completion of
which will satisfy the requirements of Section 4938.

(b) Standards for the approval of begin delete training programs end delete begin insert schools and
colleges described in subdivision (a) end insert shall include a minimum of
3,000 hours of study in curriculum pertaining to the practice of an
acupuncturist. This subdivision shall apply to all students entering
programs on or after January 1, 2005.

(c) Within three years of initial approval by the board, each
begin delete program end delete begin insert school or college end insert so approved by the board shall receive
full institutional approval under Article 6 (commencing with
Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3
of the Education Code in the field of traditional Asian medicine,
or in the case of institutions located outside of this state, approval
by the appropriate governmental educational authority using
standards equivalent to those of Article 6 (commencing with
Section 94885) of Chapter 8 of Part 59 of Division 10 of Title 3
of the Education Code, or the board’s approval of the program
shall automatically lapse.

begin insert

(d) This section 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.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 4939 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4939. end insert   

(a) The board shall establish standards for the approval
of educational training and clinical experience received outside
the United States and Canada.

(b) This section shall become operative on January 1, 2017.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 4944 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4944.  

(a) The board shall have the authority to investigate and
evaluate each and every applicant applying for a license to practice
acupuncture and to make the final determination of the admission
of the applicant to the examination, or for the issuance of a license,
in conformance with the provisions of this chapter.

(b) The board shall investigate and evaluate each school or
college applying for approval under Section 4939 and may utilize
and contract with consultants to evaluate those training programs.
begin insert This subdivision shall become inoperative on January 1, 2017. end insert

(c) The board may delegate to the executive officer or other
official of the board its authority under this section in routine
matters.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 4949 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4949.  

The provisions of this chapter shall not prohibit an
acupuncturist from another state or country, who is not a licensed
acupuncturist in this state, who is the invited guest of a professional
acupuncture association or scientific acupuncture foundation, an
begin delete acupuncture training program that is approved under Section 4939 end delete
begin insert approved educational and training program end insert , or a continuing
education provider that is approved under Section 4945, solely
from engaging in professional education through lectures, clinics,
or demonstrations. The guest acupuncturist may engage in the
practice of acupuncture in conjunction with these lectures, clinics,
or demonstrations for a maximum of six months, but may not open
an office or appoint a place to meet patients or receive calls from
patients or otherwise engage in the practice of acupuncture.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 4970 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4970.  

The amount of fees prescribed for licensed acupuncturists
shall be those set forth in this section unless a lower fee is fixed
by the board in accordance with Section 4972:

(a) The application fee shall be seventy-five dollars ($75).

(b) The examination and reexamination fees shall be the actual
cost to the Acupuncture Board for the development and writing
of, grading, and administering of each examination.

(c) The initial license fee shall be three hundred twenty-five
dollars ($325), except that if the license will expire less than one
year after its issuance, then the initial license fee shall be an amount
equal to 50 percent of the initial license fee.

(d) The renewal fee shall be three hundred twenty-five dollars
($325) and in the event a lower fee is fixed by the board, shall be
an amount sufficient to support the functions of the board in the
administration of this chapter. The renewal fee shall be assessed
on an annual basis until January 1, 1996, and on and after that date
the board shall assess the renewal fee biennially.

(e) The delinquency fee shall be set in accordance with Section
163.5.

(f) The application fee for the approval of a school or college
under Section 4939 shall be three thousand dollars ($3,000). begin insert This
subdivision shall become inoperative on January 1, 2017. end insert

(g) The duplicate wall license fee is an amount equal to the cost
to the board for the issuance of the duplicate license.

(h) The duplicate renewal receipt fee is ten dollars ($10).

(i) The endorsement fee is ten dollars ($10).

(j) The fee for a duplicate license for an additional office
location as required under Section 4961 shall be fifteen dollars
($15).

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 4973 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4973.  

begin insert (a) end insert begin insert   end insert A fee for the inspection or reinspection of a school
or college of acupuncture for purposes of approval or continued
approval shall be charged at an amount to recover the direct costs
incurred by the board in conducting that inspection and evaluation
of the school or college.

begin insert

(b) This section 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.

end insert