Acupuncture Licensure Act of the Great State of California, USA

with amendments through July 1996

Issued by the Acupuncture Committee
1424 Howe Avenue, Suite 37
Sacramento, CA 95825-3233
Tel: (916) 263-2680
Fax: (916) 263-2654


Business and Professions Code Acupuncture Licensure Act

Excerpt from the California Business and Professions Code

CHAPTER 12. ACUPUNCTURE

Article
1. Administration and General Provisions
2. Certification Requirements
4. Enforcement
5. Renewal
6. Revenue
7. Acupuncture Corporations

Article 1. Administration And General Provisions

Section
4925 Acupuncture Licensure Act
4926 Legislative Intent
4927 Definitions
4928 Acupuncture Committee
4929 Composition
4930 Terms
4931 Compensation
4933 Committee Administers;
Regulations; Quorum
4934 Personnel

Article 2. Certification Requirements

Section
4935 Unlawful Practice
4937 Practice of Acupuncture
4938 Qualifications Required
4939 Approval of Schools and Training Programs
4940 Tutorial Programs
4941 Credit Granted
4944 Evaluation of Applicants
4945 Continuing Education
4946 Report to the Legislature:
Standards and Statistics
4947 Exemptions
4948 Exemption-2075 Research
4949 Guest-Acupuncturists

Article 4. Enforcement

Section
4955 Unprofessional Conduct
4956 Conviction
4959 Recovery of Investigation and Prosecution Costs
4960 Disciplinary Proceedings
4961 Display of License
4963 Injunctions
4964 Continuation of Prior Laws

Article 5. Renewal

Section
4965 Expiration of License-Birth Date Renewal
4966 Renewal of Expired License
4967 Lapsed License
4969 Suspended and Revoked License

Article 6. Revenue

Section
4970 Certification Fees
4971 Tutorial Program Fees
4972 Regulations Fixing Fees
4973 School Appiication and Inspection Fee
4974 Report to Controller

Article 7. Acupuncture Corporations

Section
4975 Acupuncture Corporations
4976 Unprofessional Conduct
4977 Unprofessional Conduct
4977.1 Income
4977.2 Directors, Shareholders, and Officers
4978 Corporation Name
4979 Regulations

Article 1. Administration and General Provisions

Acupuncture Licensure Act

4925.
(a) This chapter constitutes the chapter on acupuncture of the Business and Professions Code.
This chapter shall be known and may be cited as the Acupuncture Licensure Act. Whenever a reference is made to the Acupuncture Licensure Act by the provisions of any statute. it is to be construed as referring to the provisions of this chapter.
(b) Any reference in this chapter, or to the regulations pertaining thereto, to "certificate" or 'certification' shall hereafter mean "license' or 'licensure." Any reference to the term "certifying" means 'licensing," and the term 'certificate holder' means 'licensee.'

Legislative Intent

4926. In its concern with the need to eliminate the fundamental causes of illness, not simply to remove symptoms, and with the need to treat the whole person, the Legislature intends to establish in this article, a framework for the practice of the art and science of oriental medicine through acupuncture.
The purpose of this article is to encourage the more effective utilization of the skills of acupuncturists by Califomia citizens desiring a holistic approach to health and to remove the existing legal constraints which are an unnecessary hindrance to the more effective provision of health care services. Also, as it effects the public health, safety. and welfare, there is a necessity that individuals practicing acupuncture be subject to regulation and control as a primary health care profession.

Definitions

4927. As used in this chapter, unless the context otherwise requires:
(a) 'Committee' means the Acupuncture Committee.
(b) "Board' means the Division of Licensing of the Medical Board of California.
(c) 'Person" means any individual, organization, or corporate body, except that only individuals may be licensed under this chapter.
(d) "Acupuncturist" means an individual to whom a license has been issued to practice acupuncture pursuant to this chapter, which is in effect and is not suspended or revoked.
(e) "Acupuncture' means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control. for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electroacupuncture. cupping, and moxibustion.

Acupuncture Committee

4928. There is within the jurisdiction of the board an Acupuncture Committee which consists of 11 members. This section shall become inoperative on July 1, 1999, and, as of January 1, 2000, is repealed, unless a later enacted statute. which becomes effective on or before January 1, 2000. deletes or extends the dates on which it becomes inoperative and is repealed. Composition 4929. Five members of the committee shall be acupuncturists with a least five years of experience in acupuncture and not licensed as physicians and surgeons, two members of the committee shall be physicians and surgeons licensed in this state with two years of experience in acupuncture, and four members shall be public members who do not hold a license or certificate as a physician and surgeon or acupuncturist.
The Governor shall appoint the five acupuncturist members qualified as provided in this section, who shall be appointed to represent a cross section of the cultural backgrounds of licensed members of the acupuncturist profession. two of the public members, and the two licensed physician and surgeon members qualified as provided in this section. All members appointed to the committee by the Governor shall be subject to confirmation by the Senate. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies which occur on or after January 1, 1983. Any member of the committee may be removed by the appointing power for neglect of duty, misconduct, or malfeasance in office, after being provided with a written statement of the charges and an opportunity to be heard.

Terms

4930. Each member of the committee shall be appointed for a term of three years.

The terms of the members of the Acupuncture Committee appointed to fill the next vacancies which occur on or after June 1, 1991, shall expire as follows: one public member and one acupuncturist member on June 1, 1992, one public member, two acupuncturist members and one physician and surgeon member on June 1, 1993, two public members, two acupuncturist members and one physician and surgeon member on June 1, 1994. Thereafter, all appointments to the Acupuncture Committee shall be for a term of three years.

Compensation

4931. Each member of the committee shall receive per diem and expenses as provided in Section 103.

Committee Administers; Regulations: Ouorum

4933. (a) The committee shall administer this chapter.
(b) The committee may adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 113401 of Part 1 of Division 3 of Title 2 of the Government Code), regulations as may be necessary to enable it to carry into effect the provisions of law relating to the practice of acupuncture. All regulations adopted, amended or repealed by the committee shall be subject to the review and approval of the board.
(c) A majority of the appointed members of the committee shall constitute a quorum to conduct business.
(d) It shall require an affirmative vote of a majority of those present at a meeting of the committee to take any action or pass any motion.

Personnel

4934. The board shall employ personnel necessary for the administration of this chapter, however. the committee may appoint an executive officer who is exempt from the provisions of the Civil Service Act.
This section shall become inoperative on July 1, 1999, and, as of January 1, 2000. is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed.


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Article 2. Certification Requirements

Unlawful Practice

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 an acupuncturist's license, is guilty of a misdemeanor.
(b) 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," 'oriental medicine,' or any combination of those words. phrases, or abbreviation 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.
(c) Subdivision (a) shall not prohibit a person from administering acupuncture treatment as part of his or her educational training when he or she:

Practice of Acupuncture

4937. An acupuncturist's license authorizes the holder thereof:
(a) To engage in the practice of acupuncture.
(b) To perform or prescribe the use of oriental massage, acupressure, breathing techniques, exercise, or nutrition, including the incorporation of drugless substances and herbs as dietary supplements to promote 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, oriental massage, breathing techniques, exercises, or nutrition to promote health, so long as those activities are not performed or prescribed in connection with the practice of acupuncture.

Qualifications Required

4938. The committee shall issue a license to -practice acupuncture 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:


(c) Passes an examination administered by the committee which tests the applicant's ability competency, and knowledge in the practice of an acupuncturist. The examination shall include a practical examination of the skills required to competently engage in such practice. Such examination shall be prepared and administered in accordance with regulations adopted by the committee.
(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 committee. 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 committee 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.
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.

4938.1. Notwithstanding subdivision (c) of Section 4938, on and after July lr 1990. the examination specified in that subdivision shall be administered by independent consultants with technical advice and assistance from the members of the committee. In selecting an independent consultant, the committee shall utilize the advisory services of the central testing unit of the department.
This section shall be operative until January 1, 2000. and, on that date is repealed. unless a later enacted statute, which becomes effective on or before January 1, 2000, deletes or extends the dates on which it becomes inoperative and is repealed.

Approval of Schools and Training Programs

4939. (a) The committee 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) Within three years of initial approval by the committee each program so approved by the committee shall receive full institutional approval under Article 4 (commencing with Section 94760) of Chapter 7 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 4 (commencing with Section 94760) of Chapter 7 of Part 59 of the Education Code, or the committee 's approval of the program shall automatically lapse.
(c) This section shall become operative on January 1, 1997.

Tutorial Programs

4940. (a) In approving tutorial programs under Section 4939, the committee may approve programs served under an approved supervising acupuncturist.
(b) An acupuncturist shall be approved to supervise a trainee, provided the supervisor meets the following conditions:

The amendments made to this section at the 1993 portion of the 1993-94 Regular Session of the Legislature shall not affect the approval of any supervising acupuncturist which has been issued prior to the effective date of those amendments.

4940.1. The committee shall contract with a qualified, independent consultant with expertise in the professional licensure field. to conduct an evaluation of acupuncture tutorial programs. The independent consultant shall evaluate the tutorial programs and upon completion of the evaluation, make recommendations to the committee which shall include, but need not be limited to, the organization. administration, and monitoring of the tutorial programs, the necessary qualifications of the supervising acupuncturists acting as tutors, and the educational requirements needed to ensure that trainees who are enrolled in the tutorial programs receive training which is substantially equivalent to the training standards of acupuncture schools and colleges.
The committee shall develop formal regulations which will govern the operation of the tutorial programs.

4940.2. The committee shall contract with a qualified, independent consultant with expertise in the professional licensure field, to conduct an evaluation of the requirements which must be met by foreign-trained and out-of-state applicants. and the process for detefmining compliance with the requirements. Upon completion of the evaluation, the independent consultant shall make recommendations to the committee as to the nahlre and extent of the requirements needed to ensure that foreign-trained and out-of-state applicants have completed education and training which is substantially equivalent to that which is required of applicants trained in this state. The recommendations shall include proposals for a system to document and verify the training received by the applicant. The recommendations shall discuss whether the committee should adopt a requirement for foreign-trained or out-of-state applicants to complete a clinical training program in this state prior to taking the examination.
The committee shall develop formal regulations which will specify the requirements which must be met by foreign-trained appiicants.

4940.3. To assist in the development of reasonable standards for the tutorial program and the requirements of foreign-trained and out-of-state applicants, the committee shall authorize a qualified, independent consultant with expertise in the professional licensure field to conduct an analysis of the extent and nature of the educational and clinical training necessary to obtain a reasonable level of competency in the practice of acupuncture. The findings of this analysis shall be reported to the committee.

Credit Granted

4941. In reviewing applications for certification based upon the completion of a tutorial program in acupuncture, the committee may provide that credit is granted for relevant prior training and experience when that training or experience otherwise meets the standards set by the committee.

Evaluation of Applicants

4944. (a) The committee shall have the authority to investigate and evaluate each and every applicant applying for a certificate to practice acupuncture and to make the final determination of the admission of the applicant to the examination, or for the issuance of a certificate, in conformance with the provisions of this chapter.
(b) The committee shall investigate and evaluate each school or college applying for approval under Section 4939 and may utilize and contract with consultants to evaluate those training programs.
(c) The comminee may delegate to the executive officer or other official of the board its authority under this section in routine matters.

Continuing Education

4945. (a) The committee shall establish standards for continuing education for acupuncturists.
(b) The committee shall require each acupuncturist to complete 30 hours of continuing education every two years as a condition for renewal of his or her certificate. A provider of continuing education shall apply to the committee for approval to offer continuing education courses for credit toward this requirement on a form developed by the committee, shall pay a fee covering the cost of approval and for the monitoring of the provider by the committee and shall set forth the following information on the application:


(c) Licensees residing out of state or out of the country shall comply with the continuing education requirements.
(d) Providers of continuing education shall be monitored by the committee as determined by the committee .
(e) If the committee determines that any acupuncturist has not obtained the required number of hours of continuing education, it may renew the acupuncturist's license and require that the deficient hours of continuing education be made up during the foilowing renewal period in addition to the current continuing education required for that period. If any acupuncturist fails to make up the deficient hours and complete the current requirements of hours of continuing education during the subsequent renewal period. then his or her license to practice acupuncture shall not be renewed until all the required hours are completed and documented to the committee.
(f) This section shall become operative January 1, 1996.

Report to the Legislature: Standards and Statistics

4946. The committee shall report to the Legislature on the 31st day of January each year on the nature and extent of the standards, test, and experience requirements adopted pursuant to this chapter, as well as statistical information relating to the total number of persons certified under this chapter to that date and the number certified within the preceding year.
Such report shall include recommendations for legislation if the committee considers legislation to be necessary.

Exemptions

4947. (a) Nothing in this chapter shall be construed to prevent the practice of acupuncture by a person licensed as a dentist or a podiatrist, within the scope of their respective licenses, if the licensee has received a course of instruction in acupuncture. This course material shall be approved by the licensing board having jurisdiction over the licensee. The committee shall assist the licensing boards in providing information as requested by the individual licensing boards.
(b) The course requirement set forth in subdivision (a) shall not apply to a podiatrist or dentist who has completed a course in acupuncture, including a continuing education course, and has utilized acupuncture prior to July 1, 1982.

Exemptions---2075 Research

4948. The provisions of this chapter shall not be construed.to make unlawful the activities of persons involved in research pursuant to Section 2075.

Guest-Acupuncturists

4949. The provisions of this chapter shall not prohibit an acupuncturist from another state or country. who is not a licensed acupuncturist in this state, who is the invited guest of a professional acupuncture association or scientific acupuncture foundation. an acupuncture training program that is approved under Section 4939, or a continuing education provider that is approved under Section 4945, solely from engaging in professional education through lectures, clinics, or demonstrations. The guest acupuncturist may engage in the practice of acupuncture in conjunction with these lectures. clinics, or demonstrations for a maximum of six months. but may not open an office or appoint a place to meet patients or receive calls from patients or otherwise engage in the practice of acupuncture.


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Article 4. Enforcement

Unprofessional Conduct

4955. The committee may deny. suspend, or revoke, or impose probationary conditions upon, the license of any acupuncNrist if he or she is guilty of unprofessional conduct which has endangered or is likely to endanger the health, safety. or welfare of the public.
Unprofessional conduct shall include the following:
(a) Securing a license by fraud or deceit.
(b) Committing a fraudulent or dishonest act as an acupuncturist resulting in substantial injury to another.
(c) Using 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 such use impairs his or her ability to engage in the practice of acupuncture with safety to the public.
(d) Conviction of a crime substantially related to the qualifications, functions, or duties of an acupuncturist, the record of conviction being conclusive evidence thereof.
(e) Improper advertising.
(f) Violating or conspiring to violate the terms of this chapter.
(g) Gross negligence.
(h) Repeated negligent acts.
(i) Incompetence.
(j) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the committee. 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 committee shall consider referencing the standards, regulations, and guidelines of the State Department of Health Services developed pufsuant 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 committee shall consult with the Medical Board of California, the California Board of Podiatric Medicine, the Board of Dental Examiners of the State of Califomia, the Board of Registered Nursing. and the Board of Vocational Nurse and Psychiatric iechnician Examiners, to encourage appropriate consistency in the implementation of this subdivision.
The committee 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.

Conviction

4956. 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 committee 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.

Recovery of Investigation and Prosecution Costs

4959. (a) The committee may request the administrative law judge, under his or her proposed decision in resolution of a disciplinary proceeding before the committee. to direct any licensee found guilty of unprofessional conduct to pay to the committee a sum not to exceed actual and reasonable costs of the investigation and prosecution of the case.
(b) The costs to be assessed shall be fixed by the administrative law judge and shall not in any event be increased by the committee. When the committee 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) When the payment directed in the committee's order for payment of costs is not made by the licensee. the committee 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 committee may have as to any licensee directed to pay costs.
(d) In any judicial action for the recovery of costs, proof of the committee's decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(e) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the Acupuncture fund.

Disciplinary Proceedings

4960. 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).

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 committee 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:


(b) The committee may require an examination for that reinstatement.
(c) Notwithstanding Section 489. a person whose application for a license or registration has been denied by the committee, for violations of Division 1.5 (commencing with Section 475) of this chapter, may reapply to the commirtee for a license or registration only after a period of three years has elapsed from the date of the denial.

Display of License

4961. An acupuncturist shall post his or her license in a conspicuous location in his or her place of practice at all times.
If an acupuncturist has more than one place of practice, he or she shall obtain from the committee a duplicate license for each additional location and post such duplicate license at each location.

Injunctions

4963. 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 committee may issue an injunction or other appropriate order restraining such 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 committee 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 committee.

Continuation of Prior Laws

4964. The provisions of this article insofar as they are substantially the same as provisions relating to the same subject matter of any previous acupuncture certification law shall be construed as a restatement and continuation thereof, and not as a new enactment.


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Article 5. Renewal

Expiration of Certification---Birth Date Renewal

4965. (a) Certificates 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.
(b) The committee shall establish and administer a birth date renewal program.
(c) To renew an unexpired certificate, the holder shall apply for renewal on a form provided by the committee and pay the renewal fee fixed by the commirtee.
(d) This section shall become operative January 1, 1996.

Renewal of Expired License

4966. Except as provided in Section 4969, a license which has expired may be renewed at any time within three years after its expiration on filing of an application for renewal on a form provided by the committee and the payment of all accrued and unpaid renewal fees. If the license is not renewed within 30 days after its expiration, the acupuncturist, as a condition precedent to renewal. shall also pay the prescribed delinquency fee. 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 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.

Lapsed License

4967. A person who fails to renew his or her license 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 if he or she meets all of the following requirements:
(a) Has not committed any acts or crimes constituting grounds for denial of certification under Division 1.5 (commencing with Section 475).
(b) 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 otherwise establishes to the satisfaction of the committee that, with due regard for the public interest. he or she is qualified to practice as an acupuncturist.
(c) Pays all of the fees that would be required if an initial application for licensure was being made. The committee may provide for the waiver or refund of all or any part of an examination fee in those cases in which a license is issued without an examination pursuant to this section.

Suspended and Revoked License

4969. (a) A suspended license is subject to expiration and shall be renewed as provided in this article. but the renewai does not entitle the acupuncturist, while the license remains suspended, and until it is reinstated, to engage in the practice of acupuncture, or in any other activity or conduct in violation of the order or judgment by which the license was suspended.
(b) A revoked license 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, 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 was reinstated, plus the delinquency fee, if any, accrued at the time of its expiration.


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Article 6. Revenue

Fees

4970. The amount of fees prescribed for certified acupuncturists shall be those set forth in this section unless a lower fee is fixed by the committee in accordance with Section 4972:
(a) The application fee shall be seventy-five dollars.($75),
(b) The examination and reexamination fees shall be two hundred dollars ($200).
(c) The initial certification fee shall be three hundred twenty-five dollars ($325), except that if the certificate will expire less than one year after its issuance, then the initial certification fee shall be an amount equal to 50 percent of the initial certification fee.
(d) The renewal fee shall be three hundred twenty-five dollars ($325) and in the event a lower fee is fixed by the committee. shall be an amount sufficient to support the functions of the board and committee in the administration of this chapter. The renewal fee shall be assessed on an annual basis until January 1. 1996, and on and after that date the committee shall assess the renewal fee biennially.
(e) The delinquency fee is twenty-five dollars ($25).
(f) The application fee for the approval of a school or college under Section 4939 shall be three thousand dollars ($3,000).
(g) The duplicate wall certificate fee is an amount equal to the cost to the committee for the issuance of the duplicate certificate.
(h) The duplicate renewal receipt fee is ten dollars ($10).
(i) The endorsement fee is ten dollars ($10).
(j) The fee for a duplicate certificate for an additional office location as required under Section 4961 shall be fifteen dollars ($15).

Tutorial Program Fees

4971. The amount of fees prescribed for acupuncture tutorial programs shall be as follows:
(a) The application and registration fee to supervise an acupuncture trainee is two hundred dollars . ($200).
(b) The annual renewal fee for approval to supervise an acupuncture trainee is fifty doilars ($50).
(c) The application fee for an acupuncture trainee is twenty-five dollars ($25).
(d) The annual renewal fee for an acupuncture trainee is ten dollars ($l0).
(e) The delinquency fee is 50 percent of the renewal fee.

Regulations Fixing Fees

4972. Fees fixed by the committee shall be set forth in regulations duly adopted by the committee.

School Application and Inspection Fee

4973. A fee for the inspection or reinspection of a school or college of acupuncture for purposes of approval or continued approvai shall be charged at an amount to recover the direct costs incurred by the committee in conducting such an inspection and evaluation of the school or college.

Report to the Controller

4974. The board shall report to the State 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 State Treasurer for deposit in the Acupuncture Fund, which is credited and continuously appropriated to carry out the provisions of this chapter.


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Article 7. Acupuncture Corporations

Acupunctute Corporations

4975. An acupuncture corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors and employees rendering professional services who are acupuncturists are in compliance with the Moscone-Knox Professional Corporation Act, this article and all other statutes and regulations now or hereafter enacted or adopted pertaining to such corporation and the conduct' of its affairs.
With respect to an acupuncture corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Acupuncture Committee.

Unprofessional Conduct

4976. It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws.

4977. An acupuncture corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under Article 4 (commencing with Section 4955). In the conduct of its practice, it shall observe and be bound by statutes and regulations to the same extent as a person holding a certificate under this chapter.

Income

4977.1. The income of an acupuncture corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in Section 13401 of the Corporations Code) shall not in any manner accrue to the benefit of such shareholder or his or her shares in the acupuncture corporation.

Directors, Shareholders, and Officers

4977.2. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and office of an acupuncture corporation. except an assistant secretary and an assistant treasurer. shall be a licensed person as defined by Section 13401 of the Corporations Code.

Corporation Name

4978. The name of an acupuncture corporation and any name or names under which it may render professional services shall contain words 'acupuncture' or "acupuncturist" and wording or abbreviations denoting corporate existence.

Regulations

4979. The committee may adopt and enforce regulations to carry out the purposes and objectives of this article, inciuding. but not limited to. regulations requiring (a) that the bylaws of an acupuncture corporation shall include a provision whereby the capital stock of such corporation owned by a disqualified person (as defined in Section 13401 of the Corporation Code), or a deceased person, shall be sold to the corporation or to the remaining shareholders of such corporation within such time as such regulations may provide, and (b) that an acupuncture corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.


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