BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1246|
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THIRD READING
Bill No: SB 1246
Author: Lieu (D), et al.
Amended: 4/23/14
Vote: 21
SENATE BUSINESS, PROF. & ECONOMIC DEVELOP. COMM : 9-0, 4/28/14
AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani,
Hernandez, Hill, Padilla
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : California Acupuncture Board
SOURCE : Author
DIGEST : This bill extends the sunset date for the California
Acupuncture Board (CAB) until January 1, 2017; authorizes the
CAB to employ personnel until January 1, 2017; specifies that
any executive officer appointed on or after January 1, 2015,
shall not have served as an executive officer for the CAB prior
to January 1, 2015; and requires educational and training
programs to be accredited by the Accreditation Commission for
Acupuncture and Oriental Medicine (ACAOM) commencing January 1,
2017.
ANALYSIS :
Existing law:
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1.Provides for the licensure and regulation of the practice of
acupuncture by the CAB within the Department of Consumer
Affairs (DCA).
2.Establishes the CAB until January 1, 2015 and renders the CAB
subject to review by the appropriate policy committees of the
Legislature.
3.Permits the CAB, with the approval of the Director of DCA, to
employ personnel and appoint an executive officer until
January 1, 2015.
4.Authorizes the CAB to establish standards for the approval of
schools and colleges offering education and training in the
practice of acupuncture, including standards for the faculty
in those schools and colleges and tutorial programs.
5.Allows the CAB to charge a fee for the inspection or
re-inspection of a school or college of acupuncture for
purposes of approval and permits the CAB to recover the direct
costs incurred by the CAB in conducting the inspection and
evaluation of the school or college.
This bill:
1.Extends the CAB until January 1, 2017.
2.Extends the CAB's authority, with the approval of the Director
of DCA, to employ personnel until January 1, 2017.
3.Specifies that the CAB, with the approval of the Director of
DCA, may appoint an executive officer on or after January 1,
2015.
4.Further specifies that the executive officer shall not have
served as the executive officer of the CAB at any time prior
to January 1, 2015.
5.Defines "approved educational and training programs" as a
program approved by the CAB until January 1, 2017.
6.Repeals the CAB's authority to establish standards for the
approved educational and training programs and charge fees for
the approval of schools or colleges commencing January 1,
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2017.
7.Requires that approved educational and training programs be
accredited by the Accreditation Commission for Acupuncture and
Oriental Medicine commencing January 1, 2017.
Background
This bill is one of six "sunset review bills" authored by the
Chair of the Senate Business, Professions and Economic
Development (BPED) Committee. This bill provides for the CAB to
be reviewed by the appropriate policy committees of the
Legislature, and makes legislative changes regarding the CAB
recommended in the Committee's Background Paper.
In 2014, the Senate BPED Committee and the Assembly Business,
Professions and Consumer Protection Committee conducted joint
oversight hearings to review nine regulatory entities: Bureau
of Automotive Repair; Bureau of Home Furnishings and Thermal
Insulation; Bureau for Private Postsecondary Education;
California Massage Therapy Certification program; CAB;
California Tax Preparer program; Dental Hygiene Committee of
California; Professional Fiduciaries Bureau; and the Structural
Pest Control Board.
The Committees began their review of the aforementioned
licensing agencies in March and conducted two days of hearings.
This bill, and the accompanying sunset bills, are intended to
implement legislative changes as recommended in the Committee's
Background Papers prepared for each bureau and program reviewed
for this year.
Note:For a summary of the issues and recommendations of the CAB,
refer to the Senate BPED Committee analysis of April 28,
2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Ongoing costs of about $3.2 million per year to support the
CAB's licensing activities, supported by licensing fees
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(Acupuncture Fund).
Minor reduction in costs and revenues after January 1, 2017,
due to the elimination of the CAB's authority to approve
educational programs (Acupuncture Fund).
Unknown increase in licensing costs (and fee revenues) due to
increased applications for licensure (Acupuncture Fund). By
changing the process for accrediting schools by the CAB, it is
possible that an increased number of individuals would meet
the state's licensing requirement to have graduated from an
accredited school. This could increase the number of
applicants for licensure.
SUPPORT : (Verified 5/23/14)
Atlantic Institute of Oriental Medicine
American College of Traditional Chinese Medicine
California State Oriental Medical Association
Council of Colleges of Acupuncture and Oriental Medicine
Five Branches University
National Certification Commission for Acupuncture and Oriental
Medicine
National College of Natural Medicine
Oregon College of Oriental Medicine
Pacific College of Oriental Medicine
South Baylo University
Southern California University of Health Sciences
Southwest Acupuncture College
University of East-West Medicine
Yo San University of Traditional Chinese Medicine
ARGUMENTS IN SUPPORT : The Council of Colleges of Acupuncture
and Oriental Medicine writes, "The Council's member colleges,
all of which have been approved in accordance with ACAOM's
national accreditation standards, believe that the quality of
acupuncture education for students, patient safety, and consumer
protection are best maintained by acupuncture educational
institutions participating in an accreditation process with a
USDE recognized accreditor such as ACAOM. Accreditation
protects patients, students, and the profession by ensuring that
graduates are well qualified as entry-level practitioners able
to sit for licensing and certification exams."
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The National Certification Commission for Acupuncture and
Oriental Medicine points out that nationwide, every state with
an acupuncture practice act requires ACAOM accredited education-
the sole outlier is California.
Five Branches University writes, "Our university [is concerned]
about the continuing failure of the CAB to address the useful
recommendations of the Senate Committee?we would like to see a
responsible Acupuncture Board in California that meets the same
rigorous requirements of other health profession Boards [which]
require accreditation of schools."
The American College of Traditional Chinese Medicine writes,
"The purpose of this letter is to offer our continued strong
support for the incorporation of accreditation by an accreditor
recognized by the United States Department of Accreditation?We
support the mission of the CAB to 'protect, benefit and inform
the people of California by exercising the licensing, regulatory
and enforcement mandates of the Acupuncture Licensure Act.' We
feel that incorporation of accreditation?will strengthen the
ability of the CAB to meet its mission."
MW:nk 5/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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