Bill Text: CA SB218 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Healing arts: California traditional Chinese medicine traumatologist certification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-08-06 - Set, first hearing. Hearing canceled at the request of author. [SB218 Detail]

Download: California-2013-SB218-Amended.html

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BILL NUMBER: SB 218	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Yee

                        FEBRUARY 11, 2013

   An act to amend Sections 4935, 4955, 4955.1, 4955.2, 4956, 4960.2,
4961, 4965, 4966, 4967, and 4969 of, to add Section 4964.5 to, and
to add Article 3 (commencing with Section 4950) to Chapter 12 of
Division 2 of, the Business and Professions Code, relating to healing
arts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 218, as amended, Yee. Healing arts.
   Existing law, the Acupuncture Licensure Act, establishes the
Acupuncture Board and makes it responsible for enforcing and
administering the act, including licensing persons who meet specified
licensure requirements. Under the act, licensees are titled
"acupuncturists," and are authorized to perform designated activities
pursuant to their license. The unlawful practice of acupuncture, as
specified, is a crime.
   This bill would, commencing May 1, 2014, require the board to
issue a certificate to practice as a traditional Chinese medicine
traumatologist to an applicant who meets certain education, training,
and clinical experience requirements and pays a specified fee. This
bill would require the board to establish the California Traditional
Chinese Medicine Traumatology Committee to provide advice and carry
out specified duties, including investigation and evaluation of
whether an applicant meets those education, training, and clinical
experience requirements.
   The bill would set forth procedures for the renewal of an
unexpired or expired certificate to perform traditional Chinese
medicine traumatology and would establish specified fees in that
regard.
   This bill would make it an unfair business practice to use the
title of "certified traditional Chinese medicine traumatologist"
without meeting these certification requirements and would authorize
the board to suspend or revoke a certificate for unprofessional
conduct, certain fraudulent acts, or specified crimes committed by
the certificate holder. The bill would also make it a crime to use
the title of "certified traditional Chinese medicine traumatologist"
without meeting these certification requirements and to fraudulently
buy or sell a certificate for traditional Chinese medicine
traumatology, thereby imposing a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4935 of the Business and Professions Code is
amended to read:
   4935.  (a) (1) It is a misdemeanor, punishable by a fine of not
less than one hundred dollars ($100) and not more than two thousand
five hundred dollars ($2,500), or by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment, for
any person who does not hold a current and valid license to practice
acupuncture under this chapter, to hold himself or herself out as
practicing or engaging in the practice of acupuncture, or to hold
himself or herself out as a certified traditional Chinese medicine
traumatologist or use the title of "certified traditional Chinese
medicine traumatologist" without meeting the requirements of this
chapter.
   (2) It is a misdemeanor, punishable by a fine of not less than one
hundred dollars ($100) and not more than two thousand five hundred
dollars ($2,500), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment, for any person to
fraudulently buy, sell, or obtain a license to practice acupuncture
or a certificate for traditional Chinese medicine traumatology, or to
violate the provisions of this chapter.
   (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 involving
the application of a needle to the human body, performs any
acupuncture technique or method involving the application of a needle
to the human body, or directs, manages, or supervises another person
in performing acupuncture involving the application of a needle to
the human body is guilty of a misdemeanor.
   (c) A person holds himself or herself out as engaging in the
practice of acupuncture by the use of any title or description of
services incorporating the words "acupuncture," "acupuncturist,"
"certified acupuncturist," "licensed acupuncturist," "Asian medicine,"
"oriental medicine," "traditional Chinese medicine," or any
combination of those words, phrases, or abbreviations of those words
or phrases, by representing that he or she is trained, experienced,
or an expert in the field of acupuncture, Asian medicine, or Chinese
medicine, or by representing that he or she is trained, experienced,
or an expert in the field of traditional Chinese medicine
traumatology.
   (d) Subdivision (a) shall not prohibit a person from administering
acupuncture treatment as part of his or her educational training if
he or she:
   (1) Is engaged in a course or tutorial program in acupuncture, as
provided in this chapter; or
   (2) Is a graduate of a school of acupuncture 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. 2.  Article 3 (commencing with Section 4950) is added to
Chapter 12 of Division 2 of the Business and Professions Code, to
read:

      Article 3.  California Traditional Chinese Medicine
Traumatologist


   4950.  As used in this article:
   (a) "California certified traditional Chinese medicine
traumatologist" means a person who has been certified by the
California Traditional Chinese Medicine Traumatology Committee to
perform traditional Chinese medicine traumatology.
   (b) "Committee" means, notwithstanding Section 4925, the
California Traditional Chinese Medicine Traumatology Committee.
   (c) "Traditional Chinese medicine traumatology" includes a range
of treatments to address both acute and chronic musculoskeletal
conditions through stimulation of acupressure points. Techniques
include, but are not limited to, brushing, kneading, rolling,
pressing, rubbing, pushing, holding, and lifting the areas between
each of the joints to open the body's defensive chi and stimulate the
energy movement in the meridians.
   4950.1.  (a) On or before March 1, 2014, the board shall establish
the California Traditional Chinese Medicine Traumatology Committee
within the board. The committee shall consist of the following five
members appointed by the board:
   (1) One representative from the California Medical Association.
   (2) One representative from the California Orthopaedic
Association.
   (3) One representative from the Medical Board of California.
   (4) Two representatives from a traditional Chinese medicine
traumatology clinical setting. These representatives shall be
selected by professional societies, associations, or other entities,
whose memberships are comprised solely of practitioners of
traditional Chinese medicine traumatology. To qualify as a
professional society or association, an entity shall have a dues
paying membership in the state of at least 30 individuals for the
last three years and shall have bylaws that require its members to
comply with a code of ethics.
   (b) The board, in implementing this article, shall give specific
consideration to the recommendations of the committee.
   (c) (1) Pursuant to Section 4950.2, the committee shall meet and
confer to determine an applicant's qualifications, as prescribed in
Section 4950.2, including the level of experience and training needed
to qualify for California traditional Chinese medicine traumatology
certification.
   (2) The committee shall advise the board on any other issues
pursuant to this article.
   4950.2.  (a)  The committee shall investigate all of the
documentation provided by the applicant and verify its authenticity
to evaluate whether an applicant meets the certification standards,
including the level of education, experience, and training to
sufficiently qualify for the traumatology certification, and shall
report its findings and determination to the board. 
    (b)    Commencing May 1, 2014, the board shall
issue a certificate for certified traditional Chinese medicine
traumatology to any person who makes an application to the board and
meets all of the following requirements:
   (1) Is at least 18 years of age.
   (2) Is not subject to denial pursuant to Division 1.5 (commencing
with Section 475).
   (3) Furnishes satisfactory evidence of education, training, and
clinical experience that meets one of the following standards:
   (A) Passed an examination and received a certificate in
traditional Chinese medicine traumatology for completing a curriculum
in the subject. The curriculum for all applicants shall provide for
adequate instruction in the following subjects:
   (i) Human anatomy and physiology.
   (ii) Pathology.
   (iii) Western diagnosis on traumatological injury.
   (iv) Clinical management and medical ethics.
   (v) Basic theory of traditional Chinese medicine.
   (vi) Comparison of traditional Chinese medicine and western
medicine.
   (vii) Meridian and acupoints.
   (viii) Basic traditional Chinese medicine diagnosis.
   (ix) Basic theory of traditional Chinese medicine traumatology.
   (x) Traditional Chinese medicine diagnosis on traumatology.
   (xi) Hands on Skills of Traditional Chinese Medicine Traumatology
I.
   (xii) Hands on Skills of Traditional Chinese Medicine Traumatology
II.
   (xiii) Chinese herbs and formulas for traumatology.
   (xiv) Traditional Chinese medicine traumatology case study.
   (xv) One thousand hours in a clinical internship on traditional
Chinese medicine traumatology.
   (B)  Apprenticed   In the case of an
applicant who completed an apprenticeship  as a traditional
Chinese medicine traumatologist for 10 years prior to January 1, 2014
 , furnishes satisfactory evidence of completing education,
training, and at least 10 years clinical experience in traditional
Chinese medicine traumatology  .
   (C) In the case of an applicant who has completed education and
training outside of the United States or Canada, furnishes
satisfactory evidence of completing education, training, and at least
10 years clinical experience in traditional Chinese medicine
traumatology. 
   (b) The committee shall investigate all of the documentation
provided by the applicant and verify its authenticity to evaluate
whether an applicant meets the certification standards, including the
level of education, experience, and training to sufficiently qualify
for the traumatology certification and shall report its findings and
determination to the board. 
   4950.3.  (a) An applicant for traditional Chinese medicine
traumatology certification shall file an application for that
certificate with the board.
   (b) When submitting his or her application to the board, the
applicant shall pay an application fee in a reasonable amount
determined by the board, not to exceed two hundred dollars ($200),
for the regulatory cost to the board of processing the application.
   (c) A certified traditional Chinese medicine traumatologist shall
renew his or her certificate every five years.
   (d) An expired certificate may be renewed at any time within three
years after its expiration. The holder of the certificate shall pay
all accrued and unpaid renewal fees, plus a delinquency fee,
according to the following:
   (1) An annual renewal fee of one hundred dollars ($100).
   (2) A delinquency fee of twenty-five dollars ($25).
   (3) A fee for a duplicate or replacement engraved wall certificate
of fifteen dollars ($15).
   (4) A fee for a duplicate or replacement renewal receipt/pocket
certificate of ten dollars ($10).
   (e) Moneys received under this section shall be deposited in the
Acupuncture Fund for the purposes of carrying out this article.
   4950.4.  It is an unfair business practice for any person to hold
himself or herself out as a certified traditional Chinese medicine
traumatologist or  to  use the title of "certified
traditional Chinese medicine traumatologist" without meeting the
requirements of this article.
   4950.5.  (a) A California certified traditional Chinese medicine
traumatologist shall not practice medicine, as provided in Section
2052.
   (b) A California certified traditional Chinese medicine
traumatologist shall not practice within the scope of activities
regulated by the State Board of Chiropractic Examiners.
  SEC. 3.  Section 4955 of the Business and Professions Code is
amended to read:
   4955.  The board may deny, suspend, or revoke, or impose
probationary conditions upon, the license of any acupuncturist or the
certificate of any traditional Chinese medicine traumatologist if he
or she is guilty of unprofessional conduct. As used in this section,
"licensee" includes a certified traditional Chinese medicine
traumatologist.
   Unprofessional conduct shall include, but not be limited to, the
following:
   (a) Using or possessing any controlled substance as defined in
Division 10 (commencing with Section 11000) of the Health and Safety
Code, or dangerous drug or alcoholic beverage to an extent or in a
manner dangerous to himself or herself, or to any other person, or to
the public, and to an extent that the use impairs his or her ability
to engage in the practice of acupuncture or traumatology with safety
to the public.
   (b) Conviction of a crime substantially related to the
qualifications, functions, or duties of an acupuncturist or certified
traditional Chinese medicine traumatologist, the record of
conviction being conclusive evidence thereof.
   (c) False or misleading advertising.
   (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) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of bloodborne 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 bloodborne pathogens in health care settings. As necessary,
the board shall consult with 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 bloodborne
infectious diseases.
   (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) Discharging an employee primarily for attempting to comply
with the terms of this chapter.
   (h) Disciplinary action taken by any public agency for any act
substantially related to the qualifications, functions, or duties of
an acupuncturist, certified traditional Chinese medicine
traumatologist, or any professional health care licensee.
   (i) Any action or conduct that would have warranted the denial of
the acupuncture license or the traumatology certificate.
   (j) The violation of any law or local ordinance on a licensee's
business premises by a licensee's employee or a person who is working
under the licensee's professional license or business permit, that
is substantially related to the qualifications, functions, or duties
of the licensee. These violations shall subject the licensee who
employed the individuals, or under whose acupuncturist license or
traumatology certificate the employee is working, to disciplinary
action.
   (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  ) The failure to notify the board of the use of any
false, assumed, or fictitious name other than the name under which
he or she is licensed as an individual to practice acupuncture or as
an individual certified in traditional Chinese medicine traumatology.

  SEC. 4.  Section 4955.1 of the Business and Professions Code is
amended to read:
   4955.1.  The board may deny, suspend, revoke, or impose
probationary conditions upon the license of any acupuncturist or 
certificate of any  certified traditional Chinese medicine
traumatologist if he or she is guilty of committing a fraudulent act,
including, but not limited to, the following:
   (a) Securing a license by fraud or deceit.
   (b) Committing a fraudulent or dishonest act as an acupuncturist
or certified traditional Chinese medicine traumatologist.
   (c) Committing any act involving dishonesty or corruption with
respect to the qualifications, functions, or duties of an
acupuncturist or certified traditional Chinese medicine
traumatologist.
   (d) Altering or modifying the medical record of any person, with
fraudulent intent, or creating any false medical record.
   (e) Failing to maintain adequate and accurate records relating to
the provision of services to his or her patients.
  SEC. 5.  Section 4955.2 of the Business and Professions Code is
amended to read:
   4955.2.  The board may deny, suspend, revoke, or impose
probationary conditions upon the license of any acupuncturist or
certified traditional Chinese medicine traumatologist if he or she is
guilty of committing any one of the following:
   (a) Gross negligence.
   (b) Repeated negligent acts.
   (c) Incompetence.
  SEC. 6.  Section 4956 of the Business and Professions Code is
amended to read:
   4956.  A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge that is substantially
related to the qualifications, functions, or duties of an
acupuncturist or certified traditional Chinese medicine
traumatologist is deemed to be a conviction within the meaning of
this chapter.
   The board may order a license or certificate suspended or revoked,
or may deny a license or certificate, or may impose probationary
conditions upon a license or certificate, 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
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.
  SEC. 7.  Section 4960.2 of the Business and Professions Code is
amended to read:
   4960.2.  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 or the certificate of the traditional Chinese
medicine traumatologist 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.
  SEC. 8.  Section 4961 of the Business and Professions Code is
amended to read:
   4961.  (a) Every person who is now or hereafter licensed to
practice acupuncture or certified to practice traditional Chinese
medicine traumatology in this state shall register, on forms
prescribed by the board, his or her place of practice, or, if he or
she has more than one place of practice, all of the places of
practice. If the licensee or certificate holder has no place of
practice, he or she shall notify the board of that fact. A person
licensed or certified by the board shall register within 30 days
after the date of his or her licensure or certification.
   (b) A licensee or certificate holder shall post his or her license
or certificate in a conspicuous location in his or her place of
practice at all times. If an acupuncturist or certified traditional
Chinese medicine traumatologist has more than one place of practice,
he or she shall obtain from the board a duplicate license or
certificate for each additional location and post the duplicate
license or certificate at each location.
   (c) Any licensee or certificate holder that changes the location
of his or her place of practice shall register each change within 30
days of making that change. If a licensee or certificate holder fails
to notify the board of any change in the address of a place of
practice within the time prescribed by this section, the board may
deny renewal of licensure or certification. An applicant for renewal
of licensure or certification shall specify in his or her application
whether or not there has been a change in the location of his or her
place of practice and, if so, the date of that change. The board may
accept that statement as evidence of the change of address.
  SEC. 9.  Section 4964.5 is added to the Business and Professions
Code, immediately following Section 4964, to read:
   4964.5.  The provisions of this article apply to both licensed
acupuncturists and certified traditional Chinese medicine
traumatologists.
  SEC. 10.  Section 4965 of the Business and Professions Code is
amended to read:
   4965.  (a) (1) A license to practice acupuncture issued pursuant
to this chapter shall expire on the last day of the birth month of
the licensee during the second year of a two-year term, if not
renewed.
   (2) The board shall establish and administer a birth date renewal
program for purposes of this subdivision.
   (3) To renew an unexpired license, the holder shall apply for
renewal on a form provided by the board and pay the renewal fee fixed
by the board.
   (b) A certificate for traditional Chinese medicine traumatology
issued pursuant to this chapter shall expire five years after the
date of issuance, if not renewed. To renew an unexpired certificate,
the holder shall apply for renewal on a form provided by the board
and pay the renewal fee set forth in Section 4950.3.
  SEC. 11.  Section 4966 of the Business and Professions Code is
amended to read:
   4966.  (a) Except as provided in Section 4969, a license to
practice acupuncture that has expired may be renewed at any time
within three years after its expiration by filing an application for
renewal on a form provided by the board, paying all accrued and
unpaid renewal fees, and providing proof of completing continuing
education requirements. If the license is not renewed prior to its
expiration, the acupuncturist, as a condition precedent to renewal,
shall also pay the prescribed delinquency fee.
   (b) Except as provided in Section 4969, a certificate for
traditional Chinese medicine traumatology that has expired may be
renewed at any time within three years after its expiration by filing
an application for renewal on a form provided by the board, and
paying all accrued and unpaid renewal fees. If the certificate is not
renewed prior to its expiration, the traditional Chinese medicine
traumatologist, as a condition precedent to renewal, shall also pay a
delinquency fee, set in accordance with Section 163.5.
   (c) Renewal under this section shall be effective on the date on
which the application is filed, on the date on which the renewal fee
is paid, or on the date the delinquency fee is paid, whichever occurs
last. If so renewed, the license or certificate shall continue in
effect through the expiration date provided in Section 4965, after
the effective date of the renewal, when it shall expire and become
invalid if it is not again renewed.
  SEC. 12.  Section 4967 of the Business and Professions Code is
amended to read:
   4967.  A person who fails to renew his or her license or
certificate within three years after its expiration may not renew it,
and it may not be restored, reissued, or reinstated thereafter, but
that person may apply for and obtain a new license or certificate if
he or she meets all of the following requirements:
   (a) Has not committed any acts or crimes constituting grounds for
denial of licensure or certification under Division 1.5 (commencing
with Section 475).
   (b) If an acupuncturist takes and passes the examination, if any,
which would be required of him or her if an initial application for
licensure was being made, or, if an acupuncturist or certified
traditional Chinese medicine traumatologist otherwise establishes to
the satisfaction of the board that, with due regard for the public
interest, he or she is qualified to practice as an acupuncturist or
certified traditional Chinese medicine traumatologist.
   (c) Pays all of the fees that would be required if an initial
application for licensure or certification was being made.
   (d) The board may provide for the waiver or refund of all or any
part of an examination fee in those cases in which a license to
practice acupuncture is issued without an examination pursuant to
this section.
  SEC. 13.  Section 4969 of the Business and Professions Code is
amended to read:
   4969.  (a) A suspended license or certificate is subject to
expiration and shall be renewed as provided in this article, but the
renewal does not entitle the acupuncturist or certified traditional
Chinese medicine traumatologist, while the license or certificate
remains suspended, and until it is reinstated, to engage in the
practice of acupuncture or traditional Chinese medicine traumatology,
or in any other activity or conduct in violation of the order or
judgment by which the license or certificate was suspended.
   (b) A revoked license or certificate is subject to expiration as
provided in this article, but it may not be renewed. If it is
reinstated after its expiration, the former licensee or certificate
holder, as a condition to reinstatement, shall pay a reinstatement
fee in an amount equal to the renewal fee in effect on the last
regular renewal date before the date on which the license or
certificate was reinstated, plus the delinquency fee, if any, accrued
at the time of its expiration.
  SEC. 14.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.