| --Type Summary Here-- |
| Additions to previous version are in italic text. Deletions to existing law are in |
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| AB 1943 Current Amended Text - June 17, 2002 |
| AB 1943 AMENDED |
| AMENDED IN SENATE JUNE 17, 2002 |
| AMENDED IN ASSEMBLY APRIL 29, 2002 |
| AMENDED IN ASSEMBLY APRIL 15, 2002 |
| INTRODUCED BY Assembly Member Chu |
| (Coauthors: Assembly Members Alquist, Cardenas, Chan, Diaz, Firebaugh, Frommer, Havice, Keeley, Koretz, Maddox, Migden, Mountjoy, Robert Pacheco, Pavley, Shelley, |
| |
| An act to amend Section 4939 of, and to add Section 4965.5 to, the Business and Professions Code, relating to healing arts. |
| THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: |
| SECTION 1. It is the intent of the Legislature that a 4,000 hour curriculum for the licensure of acupuncturists be developed and |
| implemented by 2010. |
| SEC. 2. Section 4939 of the Business and Professions Code is amended to read: |
| 4939. (a) The board shall establish standards for the approval of schools and colleges offering education and training in the practice of |
| requirements of Section 4938. |
| (b) Standards for the approval of training programs shall include a minimum of 3,000 hours of study in curriculum pertaining to the practice of |
| (c) Within three years of initial approval by the board, each program so approved by the board shall receive full institutional approval under Article 3.5 (commencing with Section 94760) of Chapter 7 of Part 59 of the Education Code in the field of traditional oriental 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 3.5 (commencing with Section 94760) of Chapter 7 of Part 59 of the Education Code, or the board's approval of the program shall automatically lapse. |
| [NOTE: Above (c) is existing law that was accidentally deleted by the previous amendment to this bill, and had to be re-inserted] |
| SEC. 3. Section 4965.5 is added to the Business and Professions Code, to read: |
| 4965.5. An acupuncturist licensed prior to January 1, 2003, shall complete |
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| AB 1943 Current Amended Text - April 23, 2002 |
| AMENDED IN ASSEMBLY APRIL 23, 2002 |
| AMENDED IN ASSEMBLY APRIL 15, 2002 |
| INTRODUCED BY Assembly Member Chu FEBRUARY 14, 2002 |
| Coauthors: Assembly Members Alquist, Cardenas, Firebaugh, Frommer, Koretz, Robert Pacheco, Shelley, and Strom-Martin, Senator Burton |
| An act to amend Section 4939 of, and to add Section 4965.5 to, the Business and Professions Code, relating to healing arts. |
| THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: |
| SECTION 1. It is the intent of the Legislature that a 4,000 hour curriculum for the licensure of acupuncturists be developed and implemented by 2010. |
| SECTION 2. Section 4939 of the Business and Professions Code is amended to read: |
| 4939. (a) The board shall establish standards for the approval of schools and colleges offering education and training in the practice of |
| (b) Standards for the approval of training programs shall include a minimum of 3000 hours of study in curriculum pertaining to the practice of acupuncture. This subdivision shall apply to all students entering programs on or before January 1, 2004. |
| SECTION 3. Section 4965.5 is added to the Business and Professions Code, to read: |
| 4965.5. An acupuncturist licensed prior to January 1, 2003, shall complete 450 hours of continuing education courses in acupuncture by January 1, 2013, in order to renew his or her license. |
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| AB 1943 AMENDED BILL TEXT - April 14, 2002 |
| AMENDED IN ASSEMBLY APRIL 15, 2002 |
| INTRODUCED BY Assembly Member Chu FEBRUARY 14, 2002 |
| Coauthors: Assembly Members Alquist, Cardenas, Firebaugh, Frommer, Koretz, Robert Pacheco, and Strom-Martin |
| An act to amend Section 4939 of, and to add Section 4965.5 to, the Business and Professions Code, relating to healing arts. |
| THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: |
| SECTION 1. It is the intent of the Legislature that a 4,000 hour curriculum for the licensure of acupuncturists be developed and implemented by 2010. |
| SEC. 2. Section 4939 of the Business and Professions Code is amended to read: |
| 4939. (a) The board shall establish standards for the approval of schools and colleges offering education and training in the practice of an acupuncturist, including standards for the faculty in those schools and colleges, and tutorial programs, completion of which will satisfy the requirements of Section 4938. |
| (1) Standards for the approval of training programs shall include a minimum of all of the following: |
| (A) Seven hundred hours of didactic and laboratory study in basic sciences and clinical medicine. |
| (B) Eight hundred hours of study in the principles and techniques of traditional oriental medicine. |
| (C) Four hundred hours of didactic and laboratory study in herbal medicine. |
| (D) One hundred hours of study in ethics, hygiene, and practice management. |
| (E) One thousand hours of study and practice in supervised clinical practice. |
| (2) This subdivision shall apply to all students entering programs on or before January 1, 2004. |
| SEC. 3. Section 4965.5 is added to the Business and Professions Code, to read: |
| 4965.5. An acupuncturist licensed prior to January 1, 2003, shall complete 450 hours of continuing education courses in acupuncture by January 1, 2013, in order to renew his or her license. |
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| AB 1943 - Original Version - February 14, 2002 |
| CALIFORNIA ASSEMBLY BILL 1943 |
| INTRODUCED BY Assembly Member Chu |
| FEBRUARY 14, 2002 |
| An act to amend Sections 4935, 4937, 4938, 4939, and 4940 of the |
| Business and Professions Code, relating to healing arts. |
| THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: |
| SECTION 1. The Legislature finds and declares all of the |
| following: |
| (a) In order to encourage the more effective utilization of |
| acupuncture and oriental medicine services, to provide California |
| citizens a holistic approach, and to promote the health, safety, and |
| welfare of the public, the Legislature created the Acupuncture |
| Licensing Act as a framework to establish a profession that would |
| provide these services. Later, the Legislature expanded |
| acupuncturists' status to that of independent practitioners, and then |
| again, to that of a primary health care profession. |
| (b) There is continued reporting of shortages of qualified primary |
| care professionals who minister to the needs of citizens who suffer |
| from pain, work-related injuries, and other non-life-threatening |
| illnesses. A complete education, including a core knowledge in basic |
| sciences and clinical medicine, is vital and necessary for the |
| effective and efficient delivery of health care services, and for the |
| smooth referral of patients from one health care professional to |
| another within in the modern and highly regulated system of health |
| care. |
| (c) Since educational standards were last determined for |
| acupuncturists in 1984, tremendous changes have occurred in health |
| care that require corresponding changes and improvements in |
| educational standards required for entry into the licensed |
| acupuncturist profession. Among these factors are the facts that: |
| (1) The scope of practice of the licensed acupuncturist has been |
| expanded. |
| (2) Experts have consistently recommended more education. |
| (3) The role of acupuncturists in worker's compensation would |
| benefit from additional training. |
| (4) The public has raised expectations for knowledgeable healing |
| arts professionals. |
| (5) The incorporation of acupuncturists into managed care requires |
| standardized patient assessment, diagnoses, and reporting. |
| (6) Safety issues about herbal medicine and dietary supplements |
| have become common concerns. |
| (7) Standardized clinical examinations previously required for |
| licensure have been eliminated. |
| (8) The World Health Organization has developed internationally |
| standardized nomenclature and training guidelines for acupuncturists. |
| (9) The United States Food and Drug Administration has recognized |
| acupuncture needles as a medical device. |
| (10) The United States Congress has adopted legislation to |
| regulate dietary supplements and herbs. |
| (11) The National Institutes of Health has adopted a Consensus |
| Statement on Acupuncture, recognizing a need for utilizing |
| acupuncture in the American system of health care. |
| (d) For these reasons, and others, the Legislature is making the |
| following changes in standards for training and licensing of |
| acupuncturists in the state. |
| SEC. 2. Section 4935 of the Business and Professions Code is |
| amended to read: |
| 4935. (a) Any person who practices acupuncture or holds himself |
| or herself out as practicing or engaging in the practice of |
| acupuncture, unless he or she possesses a current and valid |
| acupuncturist's license, is guilty of a misdemeanor. |
| (b) Notwithstanding any other provision of law, any person, other |
| than a physician and surgeon, a dentist, or a podiatrist, who is not |
| licensed under this article but is licensed under Division 2 |
| (commencing with Section 500), who practices acupuncture |
| performs any acupuncture technique or method |
| manages, or supervises another person in performing acupuncture |
| is guilty of a misdemeanor. |
| (c) A person holds himself or herself out as engaging in the |
| practice of acupuncture and oriental medicine by the use |
| of any title or description of services incorporating the words |
| "acupuncture," "acupuncturist," "certified acupuncturist," "licensed |
| acupuncturist," "oriental medicine," "doctor of oriental |
| medicine," "Chinese herbal medicine," or any combination of |
| those words, phrases, or abbreviations of those words or phrases, or |
| by representing that he or she is trained, experienced, or an expert |
| in the field of acupuncture, oriental medicine, or Chinese medicine. |
| (d) Subdivision (a) shall not prohibit a person from administering |
| acupuncture and oriental medicine treatment as part of |
| his or her educational training if he or she meets either of the |
| following requirements : |
| (1) |
| course or tutorial program in acupuncture and oriental medicine |
| , as provided in this chapter |
| (2) |
| school of acupuncture and oriental medicine approved by |
| the board and participating in a postgraduate review course that does |
| not exceed one year in duration at a school approved by the board. |
| SEC. 3. Section 4937 of the Business and Professions Code is |
| amended to read: |
| 4937. An acupuncturist's license authorizes the holder thereof: |
| (a) To diagnose within the scope of practice of acupuncture |
| and oriental medicine. |
| (b) To engage in the practice of acupuncture and |
| oriental medicine . |
| (c) To perform |
| oriental massage, acupressure, breathing techniques, exercise, heat, |
| cold, magnets, nutrition, diet, herbs, plant, animal, and mineral |
| products, and dietary supplements to promote, maintain, and restore |
| health. Nothing in this section prohibits any person who does not |
| possess an acupuncturist's license or another license as a healing |
| arts practitioner from performing, or prescribing the use of any |
| modality listed in this subdivision. |
| (d) For purposes of this section, a "magnet" means a mineral |
| or metal that produces a magnetic field without the application of |
| an electric current. |
| (e) For purposes of this section, "plant, animal, and |
| mineral products" means naturally occurring substances of plant, |
| animal, or mineral origin, except that it does not include synthetic |
| compounds, controlled substances or dangerous drugs as defined in |
| Sections 4021 and 4022, or a controlled substance listed in Chapter 2 |
| (commencing with Section 11053) of Division 10 of the Health and |
| Safety Code. |
| (f) For purposes of this section, "dietary supplement" has |
| the same meaning as defined in subsection (ff) of Section 321 of |
| Title 21 of the United States Code, except that dietary supplement |
| does not include controlled substances or dangerous drugs as defined |
| in Section 4021 or 4022, or a controlled substance listed in Chapter |
| 2 (commencing with Section 11053) of Division 10 of the Health and |
| Safety Code. |
| SEC. 4. Section 4938 of the Business and Professions Code is |
| amended to read: |
| 4938. The board shall issue a license to practice acupuncture |
| and oriental medicine to any person who makes an |
| application and meets the following requirements: |
| (a) Is at least 18 years of age. |
| (b) Furnishes satisfactory evidence of completion of one of the |
| following: |
| (1) An educational and training program approved by the board |
| pursuant to Section 4939. |
| (2) Satisfactory completion of a tutorial program in the practice |
| of an acupuncturist which is approved by the board. |
| (3) In the case of an applicant who has completed education and |
| training outside |
| California , documented educational training and clinical |
| experience which meets the standards established pursuant to Sections |
| 4939 and 4941. |
| (c) Passes a written examination administered by the board that |
| tests the applicant's ability, competency, and knowledge in the |
| practice of |
| oriental medicine . The written examination shall be developed |
| by the Office of Examination Resources of the Department of Consumer |
| Affairs. |
| (d) Is not subject to denial pursuant to Division 1.5 (commencing |
| with Section 475). |
| (e) Completes a clinical internship training program approved by |
| the board. The clinical internship training program shall not exceed |
| nine months in duration and shall be located in a clinic in this |
| state, which is approved by the board pursuant to Section 4939. The |
| length of the clinical internship shall depend upon the grades |
| received in the examination and the clinical training already |
| satisfactorily completed by the individual prior to taking the |
| examination. On and after January 1, 1987, individuals with 800 or |
| more hours of documented clinical training shall be deemed to have |
| met this requirement. The purpose of the clinical internship |
| training program shall be to assure a minimum level of clinical |
| competence. |
| (f) Each applicant who qualifies for a license shall pay, as |
| a condition precedent to its issuance and in addition to other fees |
| required, the initial licensure fee. |
| SEC. 5. Section 4939 of the Business and Professions Code is |
| amended to read: |
| 4939. (a) The board shall establish standards for the approval of |
| schools and colleges offering education and training in the practice |
| of an acupuncturist, including standards for the faculty in those |
| schools and colleges, and tutorial programs, completion of which will |
| satisfy the requirements of Section 4938. |
| (b) (1) Standards for the approval of training programs shall |
| include a minimum of all of the following: |
| (A) Seven hundred fifty hours of didactic and laboratory study in |
| basic sciences and clinical medicine. |
| (B) Eight hundred fifty hours of study in the principles and |
| techniques of traditional oriental medicine. |
| (C) Four hundred fifty hours of didactic and laboratory study in |
| herbal medicine. |
| (D) One hundred hours of study in ethics, hygiene, and practice |
| management. |
| (E) One thousand fifty hours of study and practice in supervised |
| clinical practice. |
| This paragraph shall apply to all students entering programs |
| between January 1, 2003, and January 1, 2007, and to all persons who |
| apply for a license between January 1, 2007, and January 1, 2011. |
| (2) Standards for the approval of training programs shall include |
| a minimum of the following: |
| (A) One thousand hours of didactic and laboratory study in basic |
| sciences and clinical medicine. |
| (B) One thousand hours of study in the principles and techniques |
| of traditional oriental medicine. |
| (C) Five hundred hours of didactic and laboratory study in herbal |
| medicine. |
| (D) One hundred hours of study in ethics, hygiene, and practice |
| management. |
| (E) One thousand four hundred hours of study and practice in |
| supervised clinical practice. |
| This paragraph shall apply to students entering programs after |
| January 1, 2007, and to persons who apply for a license after January |
| 1, 2011. |
| (c) Clinical faculty shall be required to have five years |
| experience as a licensed acupuncturist. |
| (d) (1) Board approval of schools and colleges shall be valid for |
| a period of time determined by the board, not to exceed four years, |
| and shall expire at the end of that period. |
| (2) The board shall establish a review process. |
| (3) The board may revoke, suspend, or otherwise place conditions |
| upon a school or college at any time it may be determined that an |
| approved school or college fails to meet the criteria established by |
| the board. |
| (e) Within three years of initial approval by the board each |
| program so approved by the board shall receive full institutional |
| approval under Article 3.5 (commencing with Section 94760) of Chapter |
| 7 of Part 59 of the Education Code in the field of traditional |
| oriental 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 3.5 |
| (commencing with Section 94760) of Chapter 7 of Part 59 of the |
| Education Code, or the board's approval of the program shall |
| automatically lapse. |
| SEC. 6. Section 4940 of the Business and Professions Code is |
| amended to read: |
| 4940. (a) The board shall establish standards for the approval of |
| tutorial programs for education and training in the practice of |
| acupuncture and oriental medicine , that satisfy the |
| requirements of Section 4938. The board shall also establish |
| standards for the approved supervising acupuncturists. |
| (b) An acupuncturist shall be approved to supervise a trainee, |
| provided the supervisor meets the following conditions: |
| (1) Is licensed to practice acupuncture and oriental medicine |
| in this state and that license is current, valid, and has not |
| been suspended or revoked or otherwise subject to disciplinary |
| action. |
| (2) Has filed an application with the board. |
| (3) Files with the board the name of each trainee to be trained or |
| employed and a training program satisfactory to the board. |
| (4) Does not train or employ more than two |
| trainees at any one time. |
| (5) Has at least 10 years of experience practicing as an |
| acupuncturist and has been licensed in this state for at least five |
| years. |
| (6) Is found by the board to have the knowledge necessary to |
| educate and train the trainee in the practice of an acupuncturist. |
| SEC. 7. No reimbursement is required by this act pursuant to |
| Section 6 of Article XIIIB of the California Constitution because the |
| only costs that may be incurred by a local agency or school district |
| will be incurred because this act creates a new crime or infraction, |
| eliminates a crime or infraction, or changes the penalty for a crime |
| or infraction, within the meaning of Section 17556 of the Government |
| Code, or changes the definition of a crime within the meaning of |
| Section 6 of Article XIIIB of the California Constitution. |