BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1246
Author: Lieu (D), et al.
Amended: 8/22/14
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
SENATE FLOOR : 33-0, 5/29/14
AYES: Anderson, Beall, Block, Cannella, Corbett, Correa, De
Le�n, DeSaulnier, Evans, Fuller, Gaines, Hancock, Hernandez,
Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu,
Monning, Morrell, Padilla, Pavley, Roth, Steinberg, Torres,
Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Berryhill, Calderon, Galgiani, Mitchell,
Nielsen, Wright, Yee
ASSEMBLY FLOOR : 75-0, 8/27/14 - See last page for vote
SUBJECT : California Acupuncture Board
SOURCE : Author
DIGEST : This bill extends the sunset date of the California
Acupuncture Board (CAB) to January 1, 2017, revises acupuncture
program approval requirements; and extends the sunset date of
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CAB's authority to appoint an executive officer (EO) to January
1, 2017.
Assembly Amendments delete the provision prohibiting the
appointed EO from having served as the EO prior to January 1,
2015; delete requirements that schools and colleges offering
acupuncturist education and training obtain specified approvals
within three years of CAB approval; further defines "approved
educational and training program;" and make other technical and
conforming changes.
ANALYSIS :
Existing law:
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.
6.Requires a school or college approved by the CAB, within three
years of CAB approval, to receive full institutional approval
to operate from the Bureau for Private Postsecondary Education
(BPPE) or comparable approval by a governmental authority
outside of the state, as applicable.
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This bill:
1.Extends the sunset date for the CAB and its duties until
January 1, 2017, and the CAB's authority to appoint an EO is
extended to 2017.
2.Defines an "approved educational and training program" to mean
a program approved by the CAB under current standards, until
January 1, 2017.
3.Removes "tutorial programs" from those entities for which CAB
is required to establish standards for approval until January
1, 2017.
4.Defines an "approved educational and training program" after
January 1, 2017, to mean a school or college offering
education and training in the practice of an acupuncturist
that meets the following requirements:
A. Offers a CAB-approved curriculum that includes at least
3,000 hours, of which at least 2,050 hours are didactic and
laboratory training and at least 950 hours are supervised
clinical instruction.
B. Requires the CAB, within 30 days after receiving
curriculum to review the curriculum to determine whether
the curriculum satisfies the requirements established by
CAB, and notify the school or college, the Accreditation
Commission for Acupuncture and Oriental Medicine (ACAOM),
and BPPE, of the CAB's approval.
C. Meets either of the following requirements:
(1) Has been granted candidacy status by ACAOM; or
(2) Has submitted a letter of intent to pursue
accreditation to the ACAOM within 30 days of receiving
full institutional approval, as specified, and is granted
candidacy within three years of the date the letter was
submitted.
A. Has received full institutional approval, as specified,
in the field of traditional Asian medicine or in the case
of institutions located outside of California, approval by
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the appropriate governmental educational authority using
standards equivalent to California's.
1.Specifies that if an applicant began his/her educational and
training program at a school or college that submitted a
letter of intent to pursue accreditation, or attained
candidacy status from, the ACAOM, but the ACAOM subsequently
denied the school or college candidacy status or
accreditation, respectively, the CAB may review and evaluate
the educational training and clinical experience to determine
whether to waive the requirements, as specified, with respect
to that applicant.
2.Requires the CAB to establish standards for the approval of
educational training and clinical experience received outside
of the United States and Canada beginning on January 1, 2017.
3.Repeals the CAB's authority to investigate and evaluate each
school or college applying for approval or continued approval
and CAB's authority to recover the associated costs on January
1, 2017.
4.Repeals the $3,000 application fee for the approval of a
school or college on January 1, 2017.
5.Makes other technical and clarifying changes.
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
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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 Assembly Appropriations Committee:
Ongoing costs of about $3.3 million per year to support the
CAB's licensing activities, supported by licensing fees (all
costs/revenues are 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.
Staff costs to promulgate regulations, potentially in the
range of $100,000, to address internationally trained
applicants.
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. This could result in a potential
increase in licensing costs in the range of $100,000 or more
due to increased applications (Acupuncture Fund), and a
commensurate one-time revenue spike due to increased fee
revenues from exam fees as well as higher revenues ongoing.
SUPPORT : (Verified 8/27/14)
American College of Traditional Chinese Medicine
Atlantic Institute of Oriental Medicine
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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 [U.S. Department of Education] 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."
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
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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."
ASSEMBLY FLOOR : 75-0, 8/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Wagner, Waldron, Weber,
Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Fong, Harkey, Quirk, Ting, Vacancy
MW:nl:k 8/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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