BILL NUMBER: AB 2190 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Salas
(Principal coauthor: Senator Hill)
(Coauthor: Assembly Member Brough)
FEBRUARY 18, 2016
An act to amend Sections 4927.5, 4928, 4934, 4938, and 4974 of,
and to repeal and add Section 4939 of, the Business and Professions
Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2190, Salas. Acupuncture Board: executive officer: education.
Existing law, the Acupuncture Licensure Act, provides for the
licensure and regulation of the practice of acupuncture by the
Acupuncture Board, within the Department of Consumer Affairs.
Existing law authorizes the board, with the approval of the Director
of Consumer Affairs, to appoint an executive officer who is exempt
from civil service. Existing law repeals the provisions establishing
the board and authority for it to appoint an executive officer on
January 1, 2017.
The bill would extend the operation of the board and the board's
authority to appoint an executive officer until January 1, 2019.
Existing law requires, among other things, the completion of an
approved educational and training program in order to be issued a
license to practice acupuncture. For purposes of the act, beginning
January 1, 2017, existing law defines "approved educational and
training program" as a school or college offering education and
training in the practice of an acupuncturist who meets various
requirements, including offering curriculum that includes specified
hours of didactic and laboratory training and supervised clinical
instruction. Existing law requires these programs to submit that
curriculum to the board and to receive board approval of the
curriculum.
This bill would provide that any school or college offering
education and training in the practice of acupuncture that was
approved by the board prior to January 1, 2017, is deemed to have had
its curriculum approved by the board if its approval has not been
revoked and it has not changed its curriculum since receiving board
approval.
Beginning January 1, 2017, existing law requires the board to
establish standards for the approval of educational training and
clinical experience received outside the United States.
This bill would repeal that board requirement. The bill would
instead require an applicant completing education outside of the
United States to submit documentation of his or her education to a
board approved credential evaluation service for evaluation and to
have the results of the evaluation sent directly from the credential
evaluation service to the board. The bill would require the board to
examine the received results to determine if an applicant meets
requirements for licensure and, if the evaluated education is not
sufficient, would authorize the board to offer the applicant
additional education, training, or testing, as specified. The bill
would require the board to establish, by regulation, an application
process, criteria, and procedures for approval of a credential
evaluation service. The bill would require the regulations to, at a
minimum, require the credential evaluation service to meet specified
requirements. The bill would define, for these purposes, an "approved
credential evaluation service" as an agency or organization that is
approved by the board to evaluate education completed outside the
United States and identify the equivalency of that education to
education completed within the United States. The bill would also
make nonsubstantive changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4927.5 of the Business and Professions Code, as
added by Section 2 of Chapter 397 of the Statutes of 2014, is
amended to read:
4927.5. (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 Oriental Medicine.
(B) Has been granted candidacy status by the Accreditation
Commission for Acupuncture and Oriental Medicine.
(C) Has submitted a letter of intent to pursue accreditation to
the Accreditation Commission for Acupuncture and Oriental Medicine
within 30 days of receiving full institutional approval pursuant to
paragraph (2), and is granted candidacy 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 Oriental Medicine, and Bureau of Private and
Postsecondary Education of whether the board has approved the
curriculum.
(c) This section shall become operative on January 1, 2017.
SEC. 2. Section 4928 of the Business and Professions Code is
amended to read:
4928. (a) The Acupuncture Board, which consists of seven members,
shall enforce and administer this chapter.
(b) This section shall remain in effect only until January 1,
2019, and as of that date is repealed.
(c) Notwithstanding any other law, the repeal of this section
renders the board subject to review by the appropriate policy
committees of the Legislature.
SEC. 3. Section 4934 of the Business and Professions Code is
amended to read:
4934. (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 only until January 1,
2019, and as of that date is repealed.
SEC. 4. Section 4938 of the Business and Professions Code is
amended to read:
4938. (a) The board shall issue a license to practice acupuncture
to any person who makes an application and meets the following
requirements:
(1) Is at least 18 years of age.
(2) Furnishes satisfactory evidence of completion of one of the
following:
(A) (i) An approved educational and training program.
(ii) If an applicant began his or her educational and training
program at a school or college that submitted a letter of intent to
pursue accreditation to, or attained candidacy status from, the
Accreditation Commission for Acupuncture and Oriental Medicine, but
the commission subsequently denied the school or college candidacy
status or accreditation, respectively, the board may review and
evaluate the educational training and clinical experience to
determine whether to waive the requirements set forth in this
subdivision with respect to that applicant.
(B) Satisfactory completion of a tutorial program in the practice
of an acupuncturist that is approved by the board.
(C) In the case of an applicant who has completed education and
training outside the United States, documented educational training
and clinical experience that meets the standards established pursuant
to Sections 4939 and 4941.
(3) Passes a written examination administered by the board that
tests the applicant's ability, competency, and knowledge in the
practice of an acupuncturist. The written examination shall be
developed by the Office of Professional Examination Services of the
Department of Consumer Affairs.
(4) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
(5) 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 that is an approved educational and training program. 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 ensure a minimum level of clinical competence.
(b) 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, as
amended by Section 37 of Chapter 426 of the Statutes of 2015, is
repealed.
SEC. 6. Section 4939 is added to the Business and Professions
Code, to read:
4939. (a) For purposes of this chapter, "approved credential
evaluation service" means an agency or organization that is approved
by the board to evaluate education completed outside the United
States and identify the equivalency of that education to education
completed within the United States.
(b) If an applicant completes education outside of the United
States, the applicant shall do both of the following:
(1) Submit documentation of his or her education to a
board-approved credential evaluation service for evaluation.
(2) Have the results of the evaluation sent directly from the
credential evaluation service to the board.
(c) If the board receives the results of an applicant's evaluation
pursuant to subdivision (b), the board shall examine the results and
determine whether the applicant meets requirements for licensure. If
the evaluated education is not sufficient to meet the requirements
for licensure, the board may offer the applicant additional
education, training, or standardized testing to satisfy the
educational requirements. The board shall not require the applicant
to complete education, training, or testing that is not otherwise
required of applicants who complete education or training within the
United States.
(d) The board shall establish, by regulation, an application
process, criteria, and procedures for approval of credential
evaluation services. The regulations shall, at a minimum, require the
credential evaluation service to meet all of the following
requirements:
(1) Furnish evaluations written in English directly to the board.
(2) Be a member of a nationally recognized foreign credential
evaluation association, such as, but not limited to, the American
Association of Collegiate Registrars and Admissions Officers or the
National Association of Credential Evaluation Services.
(3) Undergo reevaluation by the board every five years.
(4) Certify to the board that the credential evaluation service
maintains a complete set of reference materials as determined by the
board.
(5) Base evaluations only upon verified authentic, official
transcripts, and degrees.
(6) Have a written procedure for identifying fraudulent
transcripts.
(7) Include in an evaluation report submitted to the board the
specific method or methods of authentication for the transcripts,
certification, degrees, and other education evaluated for the
purposes of the report.
(8) Include in the evaluation report, for each degree held by the
applicant, the equivalent degree offered in the United States, the
date the degree was granted, the institution granting the degree, an
English translation of the course titles, and the semester unit
equivalence for each course.
(9) Have an appeal procedure for applicants.
(10) Provide information concerning the credential evaluation
service to the board that includes, but is not limited to, resumes or
curriculum vitae for each evaluator and translator, which includes
biographical information, three letters of references from public or
private agencies, statistical information on the number of
applications processed annually for the past five years, and any
other information the board may require to determine whether the
credential evaluation service meets the standards under this
subdivision and the board's regulations.
(11) Provide to the board all information required by the board,
including, but not limited to, the following:
(A) Its credential evaluation policy.
(B) A complete list of terminology and evaluation terms used in
producing its credential evaluations.
(C) A detailed description of the specific methods utilized for
credential authentication.
SEC. 7. Section 4974 of the Business and Professions Code is
amended to read:
4974. The board shall report to the Controller at the beginning
of each month for the month preceding the amount and source of all
revenue received by it pursuant to this chapter, and shall pay the
entire amount thereof to the Treasurer for deposit in the Acupuncture
Fund, which fund is created to carry out the provisions of this
chapter, upon appropriation by the Legislature.