ACUPUNCTURE BOARD

1747 N. Market Blvd., Suite 180, Sacramento, CA 95834 Tel: (916) 515-5200 / Fax: (916) 928-2204 / http://www.acupuncture.ca.gov/

FACTS AT A GLANCE

BOARD STAFF

Executive Officer Legislative Contact Terri Thorfinnson Marc Johnson

LAWS AND REGULATIONS

Business and Professions Code §§ 4925 – 4979 Title 16, Division 13.7, California Code of Regulations §§ 1399.400 – 1399.489.2

BUDGET ACT OF 2015: FY 2015-16

Appropriation: $3,480,000 Authorized positions: 11.0

BOARD MEMBERS

Total Members: 7 Public Members: 4 Professional Members: 3

SUNSET REVIEW

Last review: 2014 Inoperative/Repeal date: January 1, 2017

LICENSEE STATISTICS Category Number of Licenses

Acupuncturist (Valid and clear licensees) 11,644

FEES

ACUPUNCTURIST ACTUAL FEE STATUTORY LIMIT

Application Fee $75 $75 Examination Fee $550 Actual cost to Board Initial License Fee $176 - $325** $325 TOTAL INITIAL LICENSE FEES $801 - $950 Biennial Renewal Fee $325 $325

Delinquent Licensee Fee $25 $25 Duplicate Wall License $15 $15

Duplicate Pocket License $10 $10 Endorsement $10 $10 CEU Provider Fee $150 $150

Acupuncture Supervisor Fee $200 $200

Supervisor Renewal Fee $50 $50

Trainee Application Fee $25 $25 Trainee Renewal Fee $10 $10

School Application Fee $3000 $3000

Trainee Delinquent Fee (50% of Trainee Renewal Fee) $5 $5

School Inspection Fee Varies Varies

*Some additional fees may be required per Business and Professions Code § 4970 ** There is a range listed since initial certification is pro-rated depending on an applicant’s birth date.

LICENSING REQUIREMENTS

Degree/Professional Schooling Examination Continuing Education/Competency Fingerprinting Requirement YES YES YES YES

DETAILS

PROGRAM BACKGROUND

The Acupuncture Board (Board) licenses and regulates acupuncturists in California. The Board administers an examination that tests an applicant's ability, competency, and knowledge in the practice of acupuncture; issues licenses to qualified practitioners; approves and monitors students in tutorial programs; approves acupuncture schools and continuing education providers and courses; and enforces the Acupuncture Licensure Act.

The Board of Medical Examiners began regulating acupuncture in 1972 (AB 1500, Duffy), which authorized the practice of acupuncture under the supervision of licensed physicians as part of acupuncture research in medical schools. The provisions relating to the regulation of acupuncture were amended to allow acupuncture research to be conducted under the guidance of medical schools, and $150,000 was appropriated to fund acupuncture research projects.

On July 12, 1975, Governor Brown signed an urgency bill, creating the Acupuncture Advisory Committee (Moscone-Song, Chapter 267, Statutes of 1975). From 1975 until 1980, the Acupuncture Advisory Committee (Committee) advised the Division of Allied Health Professions of the Medical Board of California. The law required acupuncturists to be certified, to be at least eighteen years old and of good moral character. It also required them to complete an approved acupuncture course or have two years of experience and pass an examination administered by the Committee.

The Acupuncture Advisory Committee was abolished and replaced with the Acupuncture Examining Committee within the Division of Allied Health Professions. This change granted more autonomous authority; expanded acupuncturists' scope of practice to include electroacupuncture, cupping, and moxibustion; and clarified that oriental massage, breathing techniques, exercise, and herbs for nutrition were within the authorized practice of an acupuncturist. Fees collected from acupuncturists were no longer to be deposited into the Board of Medical Quality Assurance Fund, but into the Acupuncture Examining Committee Fund.

The name of the committee was changed from "Acupuncture Examining Committee" to "Acupuncture Committee" effective January 1, 1990. In September 1998, legislation was passed changing the "Acupuncture Committee" to "Acupuncture Board.”

In 2002, AB 1943 (Chapter 781, Statutes of 2002) was signed into law that raised the acupuncture training program curriculum standards requirement to 3,000 hours, which included 2,050 hours of didactic training and 950 hours of clinical training. The Board promulgated regulations to implement this bill, which become effective January 1, 2005. In 2006, SB 248 (Chapter 659, Statutes of 2005) repealed the nine-member Board and reconstituted it as a seven-member board with four public members and three licensed acupuncture members. The quorum requirements were changed to four members including at least one licensed member.

On September 14, 2014, Governor Brown signed SB 1246 (Chapter 397, Statutes of 2014) into law. This bill was the Board’s sunset legislation. It replaced the Board’s authority to approve acupuncture schools with an accreditation process by the Accreditation Commission for Acupuncture and Oriental Medicine, provided they meet the Board’s curriculum requirements and are approved by the Bureau for Private Postsecondary Education, or the appropriate out-of-state governmental educational authority. It also provided the Board authority to set foreign equivalency standards for training and licensure and eliminated the Board’s school inspection authority, fees for school inspection and training approval application fees, which become effective January 1, 2017.

These 2017 requirements make significant changes as to how the Board will be required to review applications for the California Acupuncture Licensing Examination and initial licensure. The changes include: (1) redefining conditions for licensure; (2) redefining what constitutes an “approved” training program; and, (3) new authority to establish curriculum and clinical training standards for graduates of foreign training programs outside the United States. The changes in both licensure and approved training programs expand who is eligible for licensure beyond Board approved training programs.

LICENSE REQUIREMENTS – Business and Professions Code §§ 4935 - 4971

Minimum Experience and Education Requirements  Training Program: Completion of at least two academic years (60 semester credits/90 quarter credits) of education at the Bachelor level, including: o At least 2,050 hours of didactic and lab training; and, o At least 950 hours of supervised clinical instruction.  Tutorial Program: Completion of a minimum of 3,798 hours of training through a Board-approved program. An applicant under this option must be registered with the Board prior to participation and have obtained the equivalent of a high school diploma.

RECIPROCITY

The Board does not accept licensure from other states, nor does it accept for licensure those individuals who take and pass the national examination (administered by the National Certification Commission for Acupuncture and Oriental Medicine).

BOARD MEMBERS Name Appointment Expiration Date Appointment Authority/Type

Senate Confirmation

Hildergarde Bello Aguinaldo (Vice Chair) June 1, 2017 Governor/Public YES

Kitman Chan June 1, 2017 Governor / Public YES Michael Corradino June 1, 2017 Governor/Professional YES

Francisco Hsieh June 1, 2017 Speaker of the Assembly/Public NO

Jeannie Kang June 1, 2017 Governor / Professional YES Michael Shi (Chair) June 1, 2017 Governor/Professional YES

Jamie Zamora June 1, 2017 Senate Rules Committee/Public NO

COMMITTEES

The following committees have been created by the Board for the purpose of discussing specific issues in depth, and provide feedback and recommendations to the full Board.

 Education Committee  Enforcement Committee  Examination Committee  Executive Committee

LEGISLATIVE HISTORY SB 800 (Senate Committee on Business, Professions and Economic Development,

Chapter 426, Statutes of 2015) removes Canada as domestic equivalent to the United States for purposes of establishing standards for the approval of educational training and clinical experience, eligibility for the California Acupuncture Licensing Examination and licensure.

SB 1246 (Lieu, Chapter 397, Statutes of 2014) extends the sunset date for the continued regulation of acupuncture by the Acupuncture Board until January 1, 2017. This bill also includes a number of statutory revisions resulting in significant policy changes, such as replacing the Board’s authority to approve acupuncture schools with an accreditation process by the Accreditation Commission for Acupuncture and Oriental Medicine. In addition, this bill also allows the Board to create standards for foreign education programs.

SB 628 (Yee, Chapter 326, Statutes of 2012) codifies in statute that acupuncturists licensed by the Board can use the title of “Doctor” or “Dr.” if they obtained their doctorate in a field

approved by the Board, or hold a license that grants them that ability. Using the term “Doctor” or “Dr.” without an approved degree or license is considered unprofessional conduct.

SB 1236 (Price, Chapter 332, Statutes of 2012) extends the sunset date of the Board and the Board’s executive officer until January 1, 2015.