Section § 4955

Explanation

This section explains that the board in charge of acupuncturists in California can deny, suspend, or put conditions on an acupuncturist's license if they engage in unprofessional conduct. Such conduct includes using drugs or alcohol in a way that affects their practice, getting convicted of relevant crimes, false advertising, violating health regulations, and failing to control infections, among others. The board can also take action if an acupuncturist threatens patients or licensees, improperly harasses them, or if there’s misconduct by someone working under their license. The law emphasizes that acupuncturists must inform patients if they decide to stop treatment and must use their licensed name in their practice.

The board may deny, suspend, or revoke, or impose probationary conditions upon, the license of any acupuncturist who is guilty of unprofessional conduct.
Unprofessional conduct shall include, but not be limited to, the following:
(a)CA Business & Professions Code § 4955(a) Using or possessing any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, dangerous drug, or alcoholic beverage to an extent or in a manner dangerous to the acupuncturist, or to any other person, or to the public, and to an extent that the use impairs the acupuncturist’s ability to engage in the practice of acupuncture with safety to the public.
(b)CA Business & Professions Code § 4955(b) Conviction of a crime substantially related to the qualifications, functions, or duties of an acupuncturist, the record of conviction being conclusive evidence thereof.
(c)CA Business & Professions Code § 4955(c) False or misleading advertising.
(d)CA Business & Professions Code § 4955(d) Aiding or abetting in, or violating or conspiring in, directly or indirectly, the violation of the terms of this chapter or any regulation adopted by the board pursuant to this chapter.
(e)CA Business & Professions Code § 4955(e) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board shall consult with healing arts boards within this division, including, but not limited to, the Medical Board of California, the California Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of blood-borne infectious diseases.
(f)CA Business & Professions Code § 4955(f) The use of threats or harassment against any patient or licensee for providing evidence in a disciplinary action, other legal action, or in an investigation contemplating a disciplinary action or other legal action.
(g)CA Business & Professions Code § 4955(g) Discharging an employee primarily for attempting to comply with the terms of this chapter.
(h)CA Business & Professions Code § 4955(h) Disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties of an acupuncturist or any professional health care licensee.
(i)CA Business & Professions Code § 4955(i) Any action or conduct that would have warranted the denial of the acupuncture license.
(j)CA Business & Professions Code § 4955(j) The violation of any law or local ordinance on an acupuncturist’s business premises by an acupuncturist’s employee or a person who is working under the acupuncturist’s professional license or business permit, that is substantially related to the qualifications, functions, or duties of an acupuncturist. These violations shall subject the acupuncturist who employed the individuals, or under whose acupuncturist license the employee is working, to disciplinary action.
(k)CA Business & Professions Code § 4955(k) The abandonment of a patient by the licensee without written notice to the patient that treatment is to be discontinued and before the patient has had a reasonable opportunity to secure the services of another practitioner.
(l)CA Business & Professions Code § 4955(l) The failure to notify the board of the use of any false, assumed, or fictitious name other than the name under which the licensee is licensed as an individual to practice acupuncture.

Section § 4955.1

Explanation

This law allows the board to take actions like denying, suspending, or revoking an acupuncturist's license, or putting them on probation if they commit any fraudulent acts. These acts include getting their license through deceit, being dishonest in their practice, engaging in corrupt behavior related to their duties, falsifying or changing medical records fraudulently, and not keeping proper patient records.

The board may deny, suspend, revoke, or impose probationary conditions upon the license of any acupuncturist if he or she is guilty of committing a fraudulent act including, but not be limited to, any of the following:
(a)CA Business & Professions Code § 4955.1(a) Securing a license by fraud or deceit.
(b)CA Business & Professions Code § 4955.1(b) Committing a fraudulent or dishonest act as an acupuncturist.
(c)CA Business & Professions Code § 4955.1(c) Committing any act involving dishonesty or corruption with respect to the qualifications, functions, or duties of an acupuncturist.
(d)CA Business & Professions Code § 4955.1(d) Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record.
(e)CA Business & Professions Code § 4955.1(e) Failing to maintain adequate and accurate records relating to the provision of services to their patients.

Section § 4955.2

Explanation

This law section explains that the board responsible for regulating acupuncturists can take disciplinary action against an acupuncturist's license. This includes denying, suspending, revoking, or placing conditions on the license if the acupuncturist is found guilty of gross negligence, performing multiple negligent acts, or demonstrating incompetence in their practice.

The board may deny, suspend, revoke, or impose probationary conditions upon the license of any acupuncturist if he or she is guilty of committing any one of the following:
(a)CA Business & Professions Code § 4955.2(a) Gross negligence.
(b)CA Business & Professions Code § 4955.2(b) Repeated negligent acts.
(c)CA Business & Professions Code § 4955.2(c) Incompetence.

Section § 4956

Explanation

If an acupuncturist is found guilty or accepts a plea that is relevant to their job responsibilities, it counts as a conviction for disciplinary purposes. The acupuncture board can take actions like suspending or revoking a license, or setting conditions, once the appeal period has passed, or if the conviction is upheld. This applies even if later legal actions let someone change their plea or dismiss the conviction.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge which is substantially related to the qualifications, functions, or duties of an acupuncturist is deemed to be a conviction within the meaning of this chapter.
The board may order a license suspended or revoked, or may deny a license, or may impose probationary conditions upon a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the person to withdraw his or her pleas of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment.

Section § 4959

Explanation

If a licensed professional is found guilty of unprofessional conduct, the administrative law judge can order them to pay the costs of investigating and prosecuting the case. The board can't charge more than these costs, and if the case goes back to the judge, they also can't increase these costs. If the licensee doesn't pay, the board can go to court to enforce the payment. Any decision by the board will serve as proof when trying to recover these costs. The collected money is used to cover expenses and is placed in the Acupuncture Fund.

(a)CA Business & Professions Code § 4959(a) The board may request the administrative law judge, under his or her proposed decision in resolution of a disciplinary proceeding before the board, to direct any licensee found guilty of unprofessional conduct to pay to the board a sum not to exceed actual and reasonable costs of the investigation and prosecution of the case.
(b)CA Business & Professions Code § 4959(b) The costs to be assessed shall be fixed by the administrative law judge and shall not in any event be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.
(c)CA Business & Professions Code § 4959(c) When the payment directed in the board’s order for payment of costs is not made by the licensee, the board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.
(d)CA Business & Professions Code § 4959(d) In any judicial action for the recovery of costs, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(e)CA Business & Professions Code § 4959(e) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the Acupuncture Fund.

Section § 4960

Explanation

This law says that if someone is going through disciplinary action related to their business or professional conduct, the process will follow the rules set out in the Administrative Procedure Act. This Act is a set of guidelines that ensures proceedings are fair and standardized.

Disciplinary proceedings under this article shall be conducted pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).

Section § 4960.2

Explanation

This law says that when an acupuncturist's license is revoked, the board responsible for the revocation must officially inform the business licensing authorities in the cities or counties where the revocation happened. This notification is done with a certified document. Once the local authorities record this revocation, that record is enough proof that the acupuncturist's license was properly revoked according to the rules.

The board in all cases of revocation shall certify the fact of the revocation, under the seal of the board, to the business licensing entity of the cities or counties in which the license of the acupuncturist has been revoked. The record of the revocation made by the county or city clerk shall be sufficient evidence of the revocation, and of the regularity of all proceedings of the board in the matter of the revocation.

Section § 4960.5

Explanation

This section outlines the process for individuals whose professional license or registration has been revoked, suspended, or surrendered, or who are on probation, to seek reinstatement or changes to their penalties. To petition for reinstatement or changes, certain time periods must pass first: three years for reinstating a revoked license, two years for early termination of longer probations or modifying probation terms, and one year for ending shorter probations early. The board might also require the person to pass an examination for reinstatement. If a person's application for a license was denied due to specific violations, they can apply again after three years.

(a)CA Business & Professions Code § 4960.5(a) A person whose license or registration has been revoked, suspended, or surrendered, or who has been placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum periods has elapsed from the effective date of the decision ordering that disciplinary action:
(1)CA Business & Professions Code § 4960.5(a)(1) At least three years for reinstatement of a license revoked or surrendered.
(2)CA Business & Professions Code § 4960.5(a)(2) At least two years for early termination of probation of three years or more.
(3)CA Business & Professions Code § 4960.5(a)(3) At least two years for modification of a condition of probation.
(4)CA Business & Professions Code § 4960.5(a)(4) At least one year for early termination of probation of less than three years.
(b)CA Business & Professions Code § 4960.5(b) The board may require an examination for that reinstatement.
(c)CA Business & Professions Code § 4960.5(c) Notwithstanding Section 489, a person whose application for a license or registration has been denied by the board, for violations of Division 1.5 (commencing with Section 475) of this chapter, may reapply to the board for a license or registration only after a period of three years has elapsed from the date of the denial.

Section § 4961

Explanation

In California, if you're licensed to practice acupuncture, you need to register every place where you offer acupuncture services and get a wall license for each. This wall license is a document you must display prominently in your practice locations and must be renewed every two years with your license. If you treat clients outside your official practice location, you don't need a wall license there, but you must carry a pocket license. If you move your practice, you have 30 days to update your registration with the board, and not doing so could affect your license renewal. The wall license isn't transferable, so any location change requires a new one. You're responsible for ensuring that every practice you run follows professional standards.

(a)Copy CA Business & Professions Code § 4961(a)
(1)Copy CA Business & Professions Code § 4961(a)(1)   Every person who is licensed to practice acupuncture in this state shall register, on forms prescribed by the board that may include an application for an initial license or for renewal of a license, each place of practice and apply to the board to obtain a wall license for each place of practice.
(2)CA Business & Professions Code § 4961(a)(2) A wall license shall be renewed biennially, coinciding with the license renewal date. A licensee with a wall license issued before January 1, 2021, shall not be required to apply for a new wall license until the licensee’s next license renewal date.
(3)CA Business & Professions Code § 4961(a)(3) If the licensee has no place of practice, the licensee shall notify the board of that fact on a form prescribed by the board. A wall license is not required to be posted when a licensee performs acupuncture treatments outside of the licensee’s place of practice. However, the licensee shall carry a pocket license during treatments outside of the licensee’s place of practice and make the pocket license available upon request.
(4)CA Business & Professions Code § 4961(a)(4) A licensee shall register each place of practice within 30 days after the date of the licensee being licensed by the board or the establishment of a new place of practice, whichever occurs first.
(b)Copy CA Business & Professions Code § 4961(b)
(1)Copy CA Business & Professions Code § 4961(b)(1) An acupuncturist licensee shall post a wall license issued by the board to the licensee in a conspicuous location in each place of practice at all times.
(2)CA Business & Professions Code § 4961(b)(2) If an acupuncturist licensee has more than one place of practice, the licensee shall obtain from the board a separate wall license for each additional location and post the assigned wall license at each location.
(c)CA Business & Professions Code § 4961(c) A licensed acupuncturist shall not display any acupuncture wall license that is not currently active and valid.
(d)Copy CA Business & Professions Code § 4961(d)
(1)Copy CA Business & Professions Code § 4961(d)(1) If a licensee changes the location of a place of practice, the licensee shall apply for the change of location within 30 days of changing the licensee’s place of practice on forms prescribed by the board.
(2)CA Business & Professions Code § 4961(d)(2) If a licensee fails to apply for a new wall license with the board due to a change of location within the time prescribed by this subdivision, the board may deny renewal of the license.
(e)Copy CA Business & Professions Code § 4961(e)
(1)Copy CA Business & Professions Code § 4961(e)(1) A wall license is nontransferable.
(2)CA Business & Professions Code § 4961(e)(2) Any change to the registered location in connection with the wall license, such as moving, requires a new wall license, and the former wall license shall be returned to the board with a request for cancellation.
(3)CA Business & Professions Code § 4961(e)(3) The licensee shall apply to the board to obtain a new wall license using the forms prescribed by the board for the new wall license or change of location.
(f)Copy CA Business & Professions Code § 4961(f)
(1)Copy CA Business & Professions Code § 4961(f)(1) An acupuncturist shall be responsible for the acupuncture or any other practice specified under Section 4937 rendered pursuant to the license of the acupuncturist in each place of practice maintained by the acupuncturist.
(2)CA Business & Professions Code § 4961(f)(2) An acupuncturist maintaining more than one place of practice shall ensure that each place of practice is in compliance with the standards of practice requirements of this chapter.
(g)CA Business & Professions Code § 4961(g) As used in this section:
(1)CA Business & Professions Code § 4961(g)(1) “Place of practice” means an acupuncture office where any act of acupuncture is practiced and includes a place of practice in which the applicant holds a proprietary interest of any nature whatsoever or in which the licensee holds any right to participate in the management or control thereof.
(2)CA Business & Professions Code § 4961(g)(2) “Wall license” means an official document that is issued by the board upon application for a place of practice and has a unique identification number that is specific to the location provided by the licensee in the application.

Section § 4961.1

Explanation

This section allows the board to inspect any place where acupuncture services are provided, including schools and clinics, if there's a complaint. They can look at any required records to check if an acupuncturist has broken any rules or regulations. However, the board doesn't have authority over the practice of medicine itself.

(a)CA Business & Professions Code § 4961.1(a)  The board, or its designee, may, upon complaint, inspect any of the following:
(1)CA Business & Professions Code § 4961.1(a)(1) Any premise in which acupuncture services, as defined in Section 4937, are provided or reasonably suspected of being provided.
(2)CA Business & Professions Code § 4961.1(a)(2) Any place of practice registered with the board for which a wall license has been issued pursuant to Section 4961.
(3)CA Business & Professions Code § 4961.1(a)(3) Any clinic owned and operated by a school with an approved educational and training program, as defined in Section 4927.5.
(4)CA Business & Professions Code § 4961.1(a)(4) Any premise in which acupuncture services, as defined in Section 4937, are provided under a tutorial program, as defined in Section 4940.
(b)CA Business & Professions Code § 4961.1(b) All records required by law to be kept by an acupuncturist subject to this chapter, including, but not limited to, records pertaining to the provision of services to patients, shall be open to inspection by the board, or its designee, during an investigation initiated in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action or issuance of a citation and fine by the board. A copy of all those records shall be provided to the board immediately upon request.
(c)CA Business & Professions Code § 4961.1(c) Nothing in this section shall be construed to grant the board jurisdiction over the practice of medicine.

Section § 4962

Explanation

Starting July 1, 2019, professionals licensed by the board, if on probation, must inform their patients, or the patients' guardians, about their probation status before the first visit during the probation period. This includes details such as how long the probation lasts, any practice restrictions, and where to get more information online. They must also get a signed acknowledgment from the patient. There are exceptions, like if the patient is unconscious, the visit is an emergency, or if the licensee doesn't know they’ll be treating the patient until right before the appointment. Online, the board must display the reasons for probation and any practice restrictions. Importantly, breaking these rules isn’t a criminal offense.

(a)CA Business & Professions Code § 4962(a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information Internet Web site, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.
(b)CA Business & Professions Code § 4962(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure.
(c)CA Business & Professions Code § 4962(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:
(1)CA Business & Professions Code § 4962(c)(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.
(2)CA Business & Professions Code § 4962(c)(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.
(3)CA Business & Professions Code § 4962(c)(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.
(4)CA Business & Professions Code § 4962(c)(4) The licensee does not have a direct treatment relationship with the patient.
(d)CA Business & Professions Code § 4962(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s online license information Internet Web site.
(1)CA Business & Professions Code § 4962(d)(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.
(2)CA Business & Professions Code § 4962(d)(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.
(3)CA Business & Professions Code § 4962(d)(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.
(4)CA Business & Professions Code § 4962(d)(4) The length of the probation and end date.
(5)CA Business & Professions Code § 4962(d)(5) All practice restrictions placed on the license by the board.
(e)CA Business & Professions Code § 4962(e) A violation of this section shall not be punishable as a crime.

Section § 4963

Explanation

If someone breaks the rules in this chapter, a county superior court can be asked by a board to stop them through an injunction or another order. These proceedings follow specific rules in the Code of Civil Procedure. The board can start this process on its own without having to put up a financial guarantee.

Whenever any person has engaged in an act or practice which constitutes an offense against this chapter, a superior court of a county on application of the board may issue an injunction or other appropriate order restraining that conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in such superior court under the provisions of this section on its own motion and no undertaking shall be required in any action commenced by the board.

Section § 4964

Explanation
This section says that if the current acupuncture license rules are pretty much the same as the old ones, they're considered an extension of those old rules—like carrying them forward—not as brand-new laws.
The provisions of this article insofar as they are substantially the same as provisions relating to the same subject matter of any previous acupuncture licensure law shall be construed as a restatement and continuation thereof, and not as a new enactment.