SECTIONS 4925-4934.2 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4925-4934.2

4925. (a) This chapter constitutes the chapter on acupuncture of
the Business and Professions Code.
This chapter shall be known and may be cited as the Acupuncture
Licensure Act. Whenever a reference is made to the Acupuncture
Licensure Act by the provisions of any statute, it is to be construed
as referring to the provisions of this chapter.
(b) Any reference in this chapter, or to the regulations
pertaining thereto, to "certificate" or "certification" shall
hereafter mean "license" or "licensure." Any reference to the term
"certifying" means "licensing," and the term "certificate holder"
means "licensee." Any reference to the "Acupuncture Committee" or
"committee" means the "Acupuncture Board" or "board."

4926. In its concern with the need to eliminate the fundamental
causes of illness, not simply to remove symptoms, and with the need
to treat the whole person, the Legislature intends to establish in
this article, a framework for the practice of the art and science of
Asian medicine through acupuncture.
The purpose of this article is to encourage the more effective
utilization of the skills of acupuncturists by California citizens
desiring a holistic approach to health and to remove the existing
legal constraints which are an unnecessary hindrance to the more
effective provision of health care services. Also, as it effects the
public health, safety, and welfare, there is a necessity that
individuals practicing acupuncture be subject to regulation and
control as a primary health care profession.

4927. As used in this chapter, unless the context otherwise
requires:
(a) "Board" means the Acupuncture "Board".
(b) "Person" means any individual, organization, or corporate
body, except that only individuals may be licensed under this
chapter.
(c) "Acupuncturist" means an individual to whom a license has been
issued to practice acupuncture pursuant to this chapter, which is in
effect and is not suspended or revoked.
(d) "Acupuncture" means 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.

4928. The Acupuncture Board, which consists of seven members, shall
enforce and administer this chapter.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.
The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).

4928.1. Protection of the public shall be the highest priority for
the Acupuncture Board in exercising its licensing, regulatory, and
disciplinary functions. Whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount.

4929. Three members of the board shall be acupuncturists with at
least five years of experience in acupuncture and four members shall
be public members who do not hold a license or certificate as a
physician and surgeon or acupuncturist. The acupuncturist members
shall be appointed to represent a cross section of the cultural
backgrounds of licensed members of the acupuncturist profession.
The Governor shall appoint the three acupuncturist members and two
of the public members. All members appointed to the board by the
Governor shall be subject to confirmation by the Senate. The Senate
Rules Committee and the Speaker of the Assembly shall each appoint a
public member. Any member of the board may be removed by the
appointing power for neglect of duty, misconduct, or malfeasance in
office, after being provided with a written statement of the charges
and an opportunity to be heard.

4930. Each member of the board shall be appointed for a term of
four years.

4931. Each member of the board shall receive per diem and expenses
as provided in Section 103.

4933. (a) The board shall administer this chapter.
(b) The board may adopt, amend, or repeal, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
regulations as may be necessary to enable it to carry into effect the
provisions of law relating to the practice of acupuncture.
(c) Four members of the board, including at least one
acupuncturist, shall constitute a quorum to conduct business.
(d) It shall require an affirmative vote of a majority of those
present at a meeting of the board to take any action or pass any
motion.

4934. (a) The board, by and with the approval of the director, may
employ personnel necessary for the administration of this chapter,
and the board, by and with the approval of the director, may appoint
an executive officer who is exempt from the provisions of the Civil
Service Act.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

4934.1. (a) The Legislature requests the Milton Marks "Little
Hoover" Commission on California State Government Organization and
Economy to conduct a comprehensive analysis consisting of the
following reviews and evaluations and shall report their findings and
recommendations to the Legislature by September 1, 2004:
(1) Review and make recommendations on the scope of practice for
acupuncturists.
(2) Review and make recommendations on the educational
requirements for acupuncturists.
(3) Evaluate the national examination, administered by the
National Certification Commission for Acupuncture and Oriental
Medicine, and make recommendations as to whether or not the national
examination should be offered in California in lieu of, or as part
of, the state examination.
(4) Evaluate and make recommendations on the approval process of
the Accreditation Commission of Acupuncture and Oriental Medicine,
the approval process of the Bureau for Private Postsecondary
Education, and the board's approval process.
(b) The board shall pay for all of the costs associated with the
comprehensive analysis. An amount to pay for all of the costs
associated with the comprehensive analysis, up to two hundred fifty
thousand dollars ($250,000), is hereby appropriated to the board from
the Acupuncture Fund.

4934.2. The board shall conduct the following studies and reviews,
and shall report its findings and recommendations to the department
and the Joint Committee on Boards, Commissions, and Consumer
Protection no later that September 1, 2004:
(a) The board shall conduct a comprehensive study of the use of
unlicensed acupuncture assistants and the need to license and
regulate those assistants.
(b) The board shall study and recommend ways to improve the
frequency and consistency of their auditing and the quality and
relevance of their courses.