Administration And General Provisions - Acupuncture - Business & Professions - CA

Section § 4925

This law is part of the rules about acupuncture in California, known as the Acupuncture Licensure Act. It explains that any time the Act mentions 'certificate' or 'certification,' it really means 'license' or 'licensure.' Similarly, 'certifying' means 'licensing,' and 'certificate holder' means 'licensee.' Also, if you see 'Acupuncture Committee' or 'committee,' it refers to the 'Acupuncture Board' or 'board.'

(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.”

Acupuncture Licensure Act acupuncture license licensing

Section § 4926

This section aims to embrace a holistic approach to health by supporting the practice of Asian medicine, especially acupuncture, which focuses on treating the root causes of illness rather than just symptoms. The goal is to improve access to acupuncture and remove unnecessary legal barriers that limit its use. It also establishes that acupuncturists should be properly regulated as primary health care providers to ensure public safety and welfare.

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.

holistic health Asian medicine acupuncture practice

Section § 4927

This section defines key terms related to acupuncture practice. The "Board" refers to the Acupuncture Board overseeing licensure. An "acupuncturist" is someone with a valid license to perform acupuncture. "Acupuncture" involves using needles on the body to manage pain or health issues, including techniques like electroacupuncture and cupping. A "supervising acupuncturist" must have five years of practice and adhere to specific rules to oversee others. An "acupuncture assistant" can perform basic tasks, like needle removal and cupping, under direct supervision but can't perform complex procedures or diagnoses. Assistants must be enrolled in a training program and certified in clean needle techniques. "Basic supportive acupuncture services" include minor procedures but exclude activities requiring more skill or judgment.

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.

(e) “Supervising acupuncturist” means a person who meets the following conditions:

(1) Is licensed to practice acupuncture in this state and that license is current, valid, and has not been suspended or revoked or otherwise subject to formal disciplinary action, unless approved by the board.

(2) Has practiced as a licensed acupuncturist in this state for at least five years.

(3) Is in compliance with subdivision (j) of Section 4955.

(f)

(1) “Acupuncture assistant” means a person who, without a license, may perform basic supportive acupuncture procedures under the supervision and order of an acupuncturist.

(2) The supervising acupuncturist shall be physically present and available in the place of practice during the performance of any ordered basic supportive acupuncture procedures.

(3) The supervising acupuncturist engaging the services of an acupuncture assistant shall be responsible for the training and overall competency of the acupuncture assistant, including the ability to perform any specific basic supportive acupuncture service.

(4) The supervising acupuncturist shall ensure the acupuncture assistant meets the following:

(A) Is enrolled in an approved educational and training program and has completed at least a minimum of 700 hours of clinical practice or has completed an approved educational and training program.

(B) Holds a certificate in Clean Needle Technique issued by the Council of Colleges of Acupuncture and Herbal Medicine, or its successor entity, or has completed an approved educational and training program’s Clean Needle Technique course using the Council of Colleges of Acupuncture and Herbal Medicine Clean Needle Technique, 7th edition, revised 1/2016.

(g)

(1) “Basic supportive acupuncture service” means any of the following:

(A) Needle removal.

(B) Cupping.

(C) Moxibustion.

(D) Gua sha.

(E) Any other service listed under subdivision (b) of Section 4937.

(2) “Basic supportive acupuncture service” does not include diagnosis, point location, needle insertion, electrical stimulation, rendering advice to patients, or any other procedure requiring a similar degree of judgment or skill.

Acupuncture Board licensed acupuncturist needle insertion

Section § 4927.5

This law outlines what qualifies as an 'approved educational and training program' for acupuncturists. To qualify, a school must offer at least 3,000 hours of training, with specific minimums for classroom and clinical instruction, and have its curriculum approved by the board. Schools also need full institutional approval under specific state education code sections and either accreditation or a plan for accreditation from the appropriate commission. The board must review and approve the curriculum promptly.

(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 all of the following requirements:

(1) Offers 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. Has submitted that curriculum to the board, and has received board approval of the curriculum. Any school or college offering education and training in the practice of acupuncture that was approved by the board prior to January 1, 2017, has not had its approval revoked, and has not changed its curriculum since receiving board approval, is deemed to have had its curriculum approved by the board for the purposes of this section.

(2) 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.

(3) Meets any of the following:

(A) Is accredited by the Accreditation Commission for Acupuncture and Herbal Medicine, or its successor entity.

(B) Has been granted preaccreditation status by the Accreditation Commission for Acupuncture and Herbal Medicine, or its successor entity.

(C) Has submitted a letter of intent to pursue accreditation to the Accreditation Commission for Acupuncture and Herbal Medicine, or its successor entity within 30 days of receiving full institutional approval pursuant to paragraph (2), and is granted preaccreditation status within three years of the date that letter was submitted.

(b) Within 30 days after receiving curriculum pursuant to paragraph (1), the board shall review the curriculum, determine whether the curriculum satisfies the requirements established by the board, and notify the school or college, the Accreditation Commission for Acupuncture and Herbal Medicine, or its successor entity, and the Bureau for Private and Postsecondary Education of whether the board has approved the curriculum.

acupuncturist training 3 000 hours

Section § 4928

This section establishes the Acupuncture Board, which is made up of seven members responsible for enforcing and administering the rules in this chapter. It also notes that this section is set to expire on January 1, 2028.

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

(b) This section shall remain in effect until January 1, 2028, and as of that date is repealed.

Acupuncture Board seven members enforce

Section § 4928.1

This section explains that even if other laws suggest otherwise, the ending or repeal of Section 4928 means that the board will be reviewed by specific legislative committees.

Notwithstanding any other law, the repeal of Section 4928 renders the board subject to review by the appropriate policy committees of the Legislature.

repeal of Section 4928 board review legislature policy committees

Section § 4928.2

This law states that the Acupuncture Board's top priority must always be protecting the public when it comes to licensing, regulating, and disciplining practitioners. If there's ever a conflict between public safety and other goals, public safety wins out.

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.

Acupuncture Board public protection licensing functions

Section § 4929

This section details the composition and appointment process of the acupuncture board. It requires that three board members be experienced acupuncturists while four must be public members without medical licenses. The Governor appoints most members, all needing Senate approval. The Governor, Senate Rules Committee, and Speaker of the Assembly are involved in appointments. Board members can be removed for duty neglect or misconduct after receiving formal charges and a chance to respond.

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.

acupuncturist board composition five years of experience Governor appointments

Section § 4930

Each board member is appointed to serve for four years.

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

board member term appointment duration four-year term

Section § 4931

Board members get paid a daily amount and have their expenses covered as outlined in another section, Section 103.

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

board member compensation per diem expenses covered

Section § 4933

This section outlines the responsibilities and procedures of the board overseeing acupuncture practices. The board is responsible for managing this set of laws and can create or change rules to help enforce them following specific government procedures. For the board to do business, at least four members, including one acupuncturist, need to be present. Any decision requires more than half of those present to agree.

(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.

acupuncture board board administration adopt regulations

Section § 4933.5

This law allows a board to hire the staff needed to manage their responsibilities, but they must get the director's approval first.

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

board approval director approval hiring personnel

Section § 4934

The law allows a board to appoint an executive officer who does not have to follow the usual state employee rules, with the director's approval. However, this authority to appoint such an officer will end on January 1, 2028, when the law expires.

(a) The board, by and with the approval of the director, may appoint an executive officer who is exempt from 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 until January 1, 2028, and as of that date is repealed.

executive officer appointment board approval State Civil Service Act exemption

Section § 4934.1

This section asks the Milton Marks “Little Hoover” Commission to thoroughly review certain aspects of acupuncture practice and education in California and report its findings to the Legislature by September 1, 2004. It includes analyzing the scope of practice, educational needs, and national versus state examinations for acupuncturists. The Commission should also evaluate various approval processes related to acupuncture education. The costs of this review, capped at $250,000, will be paid by the board using the Acupuncture Fund.

(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.

acupuncturists scope of practice educational requirements national examination

Section § 4934.2

This section requires a board to conduct two specific studies by September 1, 2004. First, they need to investigate the role of unlicensed acupuncture assistants and determine if there's a need to license and regulate them. Second, they must examine how to better audit and ensure the quality and relevance of their courses, and then report their findings and suggestions to the appropriate department and committee.

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.

unlicensed acupuncture assistants licensing acupuncture assistants regulation of acupuncture assistants

Acupuncture

AcupunctureAdministration and General Provisions