Issued by the Acupuncture Committee
1424 Howe Avenue, Suite 37
Sacramento, CA 95825-3233
Tel: (916) 263-2680
Fax: (916) 263-2654
1. General Provisions
2. Applications Generally
3. Acupuncture Tutorials
3.5 Acupuncture Training Programs
4. Examinations and Demonstrations of Competency
5. Standards of Practice
6. Miscellaneous Provisions
7. Acupuncture Corporations
8. Continuing Education
Article 1. | General Provisions |
Section | Topic |
1399.400 | Citation |
1399.403 | Definitions |
1399.405 | Delegation of Functions |
1399.406 | Filing of Addresses |
Article 2. | Applications Generally |
Section | Topic |
1399.410 | Verification |
1399.411 | Certification of Documentation |
1399.412 | Translation Required |
1399.413 | Application Deadline |
1399.414 | Denial of Applications |
1399.415 | Documentation of Training |
1399.416 | Equivalent Training and Clinical Experience Qualifying for Certification |
1399.417 | Abandonment of Applications |
1399.418 | Failure to Appear for Examination-- Withdrawal of Application |
1399.419 | Review & Processing of Exam Applications |
Article 3. | Acupuncture Tutorials |
Section | Topic |
1399.420 | Citation and Reference |
1399.421 | Definitions |
1399.422 | Prior Approval to Practice as an Acupuncture Trainee |
1399.423 | Prior Approval to Supervise an Acupuncture Trainee |
1399.424 | Filing of Applications; Credit for Prior Training |
1399.425 | Requirements for Approval of an Acupuncture Tutorial |
1399.426 | Supervising Acupuncturist's Responsibilities |
1399.427 | Trainee's Responsibilities |
1399.428 | Termination or Modification of Tutorial |
1399.429 | Application for Examination |
1399.430 | Denial. Suspension or Revocation of Registration as a Supervisor |
1399.431 | Denial, Suspension or Revocation of Registration as a Trainee |
1399.432 | Proceedings |
Article 3.5 | Acupuncture Training Programs |
Section | Topic |
1399.436 | Criteria for Approval of Acupuncture Training Programs |
1399.437 | Documentation Required for Approval |
1399.438 | Suspension or Revocation of Approval |
1399.439 | School Monitoring; Records; Reporting |
Article 4. | Examinations & Demonstrations of Competency |
Section | Topic |
1399.440 | Location |
1399.441 | Languages |
1399.443 | Examination Content |
1399.444 | Lapsed Licenses; Examination |
1399.445 | Examination Appeals |
Article 5. | Standards of Practice |
Section | Topic |
1399.450 | Condition of Office |
1399.451 | Treatment Procedures |
1399.452 | Treatments Outside the Office |
1399.453 | Record Keeping |
1399.454 | Prior Diagnosis or Referral Required |
1399.455 | Advertising |
1399.456 | Use of Title 'Doctor" |
Article 6. | Miscellaneous Provisions |
Section | Topic |
1399.460 | Fees |
1399.461 | Acupuncture Tutorials |
1399.462 | Continuing Education Fee |
1399.463 | Authority to Issue Citations and Fines |
1399.464 | Exceptions |
1399.465 | Citation; Assessment of Fine |
1399.466 | Compliance with Orders of Abatement |
1399.467 | Citations for Unlicensed Practice |
1399.468 | Contest of Citations |
Article 7. | Acupuncture Corporations |
Section | Topic |
1399.470 | Citation and Authority |
1399.475 | Requirements for Acupuncture Corporations |
1399.476 | Namestyle |
1399.477 | Shares: Ownership and Transfer |
1399.478 | Trusts |
1399.479 | Corporate Activities |
Article 8. | Continuing Education |
Section | Topic |
1399.480 | Definitions |
1399.481 | Criteria for Provider Approval |
1399.482 | Approved Providers |
1399.483 | Approval of Continuing Education Courses |
1399.484 | Application for Course Approval |
1399.485 | Instructors |
1399.486 | Advertisements |
1399.487 | Denial, Withdrawal and Appeal of Approval |
1399.488 | Processing Times for Provider and Course Request Applications |
1399.489 | Audit and Sanctions for Noncompliance |
1399.489.1 | Inactive License |
1399.489.2 | Continuing Education: Courses in Practice Management and Medical Ethics |
This chapter may be cited and referred to as the "Acupuncture Regulations."
For the purpose of the regulations contained in this chapter, the terms
(a) "Board" shall mean the Medical Board of California.
(b) 'Committee' shall mean the Acupuncture Committee.
(c) 'Code' shall mean the Business and Professions Code.
Except for those powers reserved exclusively to the 'agency itself" under the Administrative Procedure Act Section 11500, et seq. of the Government Code, the committee delegates and confers upon rhe executive officer of the committee. or in his or her absence, the executive director of the board, ail functions necessary to the dispatch of business of the committee in connection with investigative and administrative proceedings under the jurisdiction of the committee.
Each person holding a license, registration, approval or any other authority issued under this chapter shall file his or her proper and current mailing address with the committee, and shall notify the committee, in writing, within thirty (30) days of any and all changes of mailing address, giving both the old and new address.
All statements submitted by or on behalf of an applicant shal! be made under penalty of perjury.
Documentation submitted by or on behalf of the applicant shall be certified by the appropriate official or govemmental seal or authority. The committee in its discretion may waive this requirement when it is determined that it cannot be obtained through the exercise of due diligence.
All documentation submitted in a language other than English shall be accompanied by a translation into English certified by a translator other than the applicant who shall attest to the accuracy of such translation under penalty of perjury.
(a) All new applications for examination shall be submitted on a form
provided by the committee, accompanied by such statements and documents
as required. All applications shall be received in the committee's Sacramento
office at least 120 days prior to the date of the examination for which
the application is made.
(b) All applications for re-examination shall be submitted on a form provided
by the committee ('Application Update for Examination/Licensure', revised
3/96), accompanied by such statements and documents as required. All applications
shall be received jn the committee's office at least 30 days prior to the
date of the examination for which the application is made.
(c) All transcripts and supporting documents from qualifying education
institutions and rutorial supervisors shall be received in the committee's
office at least 30 days prior to the date of examination for which an application
was made.
(d) The committee may waive the foregoing filing dates if there are difficulties
with the administration of the examination or other circumstances warrant.
(a) Any applicant whose application is denied, may submit within fifteen
(15) calendar days from the date of rejection, a request in writing that
his or her application be presented to the committee for further evaluation.
(b) As part of this evaluation procedure, the committee may, in its discretion,
request that the applicant be orally interviewed with respect to his or
her qualifications for licensure.
(c) If the committee determines that an applicant has met the requirements
for acupuncture certification, it shall schedule the applicant for examination.
(d) Nothing in this section shall be constructed to deprive an applicant
of his or her rights of appeal as afforded by other provisions of law.
(a) Each applicant shall have completed the minimum educational or tutorial
requirements set forth in these regulations as documented by the registrar
of each school from which the applicant attended or from the applicant's
tutor, in the case of a tutorial program.
(b) All applicants who are graduates of an approved educational program
who take the examination for licensure shall have completed the coursework
and training set forth in Section 1399.436, subsection (b).
(c) All applicants applying for examination shall meet the minimum educational
or tutorial requirements set forth in these regulations by the date of
the examination for which the application has been made.
In order for documented educational training and clinical experience to qualify for licensure under Section 4938, subdivision (b)(3) of the code, the applicant shall document that such education and experience meets the requirements of Section 1399.436, subsections (a), (b). (c) and (I).
An application shall be denied without prejudice when, in the discretion of the committee, an applicant does not exercise due diligence in the completion of his or her application, in furnishing additional infofmation or documents required or in the payment of any required fees.
An applicant for examination who. without a written explanation which is satisfactory to the committee. fails to appear for two examinations shall have his or her application withdrawn. Should the applicant subsequently decide to take the examination, he or she shall be required to file a new application and pay the full application fee.
(a) Within forty-five 145) days after receipt of an application for
examination, the committee shall inform the applicant whether the application
is complete and accepted for filing or that it is deficient and what specific
information or documentation is required to complete the application.
(b) Within forty-five (45) days of receipt of a completed application,
the applicant wiil be notified as to his/her eligibility for the written
examination.
(c) Within thirty (30) days from the date the written examination is administered,
candidates will be notified of their results. and if passed, will be scheduled
for the clinical examination.
(d) Within forty-five (45) days of completion of the clinical examination,
candidates will be notified of their results and offered to receive. upon
payment of specified fee, a license to practice acupuncture.
(e) The minimum. median and maximum processing times for examination results
from the time of receipt of a complete application until the committee
makes a decision is set forth below.
Minimum - 130 days
Median - 155 days
Maximum - 180days
These processing times apply to those candidates who take and pass the
first available examination and who submit a complete application by the
first available application deadline.
This article shall be cited and referred to as the "Acupuncture Tutorial Regulations."
As used in these regulations:
(a) "Acupuncture tutorial" means an acupuncture tutorial program
which is approved by the committee pursuant to Sections 4939 and 4940 of
the code which when successfully completed meets the requirements of Section
4938 of the code for certification as an acupuncturist.
(b) "Supervising acupuncturist" or 'supervisor" means a
certified acupuncturist who is approved by the committee to provide an
acupuncture tutorial to a trainee who is registered with the committee
pursuant to Section 4940 of the code and these regulations. Pursuant to
Section 4940 no physician, podiatrist or dentist may be a supervising acupuncturist
unless he or she is a certified acupuncturist.
(c) 'Trainee' means a person who is registered with the committee in order
to participate in an acupuncture tutorial under a supervising acupuncturist.
No person shall practice acupuncture in tutorial without the prior approval of the committee.
No acupuncturist shall supervise any person in an acupuncture tutorial without the prior approval of the committee.
(a) Applications for approval as an acupuncture trainee shall be filed
on a form provided by the committee at its Sacramento office and accompanied
by the application fee required in Section 1399.461.
(b) Applications for approval to supervise an acupuncture trainee shall
be filed on a form provided by the committee at its Sacramento office and
accompanied by any necessary documents, including the training agreement.
and the application fee required in Section 1399.461.
(c) Any prior training and experience already obtained by the trainee outside
California or in California. which meets the standards of the committee
may be considered when developing a training plan between a supervisor
and trainee, and specifically the required hours of theoretical and clinical
training may be reduced on account of such prior training and experience.
Evidence of such prior training and experience should be submitted to the
committee for its review with the app!ications for registration of the
supervising acupuncturist and trainee.
(a) An acupuncture tutorial should provide a trainee with a structured
learning experience in all the basic skills and knowledge necessary for
the independent practice of acupuncture and should prepare the trainee
for the committee's examination for acupuncture certification.
(b) An acupuncture tutorial which is in the nature of on-the-job training
may be a full-time or part time employment relationship, however. the training
plan and proposed supervision shall be contained in a written agreement
between the supervisor and trainee.
(c) An acupuncture tutorial shall provide formal clinical training with
supplemental theoretical and didactic instruction. That training required
in subsection (e) (5) through (e) (11) shall be obtained in an approved
acupuncture school or another postsecondary educational institution which
is accredited or approved under Section 94310.1 or 94310.2 of the Education
Code or is accredited by a regional accrediting agency authorized by the
U.S. Department of Education.
(d) The clinical training shall consist of a minimum of 2250 hours in the
following areas:
(1) Practice observation
(2) History and physical examination
(3) Therapeutic treatment planning
(4) Preparation of the patient
(5) Sterilization, use and maintenance of equipment
(6) Moxibustion
(7) Electroacupuncture (AC and DC voltages)
(8) Body and auricular acupuncture
(9) Treatment of emergencies. including cardiopulmonary resuscitation
(10) Pre- and post-treatment instruction to the patient
(11) Contraindications and precautions
(e) The theoretical and didactic training shall consist of a minimum of 600 hours (approximately 40 semester units) in the following areas:
(1) Traditional Oriental Medicine - a survey of the theory and practice
of traditional diagnostic and therapeutic procedures.
(2) Acupuncture anatomy and physiology - fundamentals of acupuncture, including
the meridian system. special and extra loci, and auriculotherapy.
(3) Acupuncture techniques - instruction in the use of needling techniques,
moxibustion, electroacupuncture, including precautions (e.g., sterilization
of needles), contraindications and complications.
(4) Clinical medicine - a survey of the clinical practice of medicine.
osteopathy, dentistry, psychology, nursing. chiropractic. podiatry. and
homeopathy to familiarize practitioners with the practices of other health
care practitioners.
(5) History of Medicine - a survey of medical history. including transcultural
healing practices.
(6) Medical terminology - fundamentals of English language medical terminology.
(7) General sciences - a survey of general biology, chemistry, and physics.
(8) Anatomy - a survey of microscopic and gross anatomy and neuroanatomy.
(9) Physiology - a survey of basic physiology, including neurophysiology,
endocrinology. and neurochemistry.
(10) Pathology - a survey of the nature of disease and illness, including
microbiology, immunology. psychopathology. and epidemiology.
(11) Clinical sciences - a review of internal medicine, pharmacology, neurology,
surgery, obstetrics/gynecology, urology, radiology, nutrition and public
health. The 600 hours of theoretical and didactic training shall consist
of a minimum of 400 hours overall in the subject areas specified in subdivisions
(e) (1) - (4) and a minimum of 200 hours overall in the subject areas specified
in subdivisions (e) (5)- (11).
(f) The trainee shall be at least 18 years of age.
(g) The acupuncture services provided by the trainee shall be done so in
a manner which does not endanger the health and welfare of patients receiving
such services. No trainee shall render acupuncture services to any patient
unless the patient has been informed that such services will be rendered
by that trainee. The patient on each occasion of treatment shall be infoimed
of the procedure to be performed by the trainee under the supervision of
the supervising acupuncturist and have consented in writing prior to performance
to permit such rendering of the acupuncture procedure by the trainee. The
foregoing requirements shall also be applied to those instances wherein
the trainee is to assist the supervisor in the rendering of acupuncture
services.
(h) The acupuncture tutorial training program shall be set forth in a written
agreement signed by the supervisor and trainee which sets forth. but is
not limited to. the training plan. length of training time, the method
for providing the theoretical and didactic training and guidelines for
supervision of the acupuncture services rendered by the trainee. A copy
of such written agreement shall be submitted with the application for approval.
(i) Acupuncture trainees shall have successfully completed an approved
high school course of study or have passed a standard equivalency test.
(j) An acupuncture tutorial shall be made available regardless of sex,
race, religion, creed, color or physical handicap.
Each supervising acupuncturist shall have the following duties and responsibilities:
(a) A supervisor Shall at all times be responsible for and provide supervision
of the work performed by the trainee as required in these regulations.
(b) The supervisor shall only assign those patient treatments which can
be safely and effectively performed by the trainee. The supervisor shall
provide continuous direction and immediate supervision of the trainee when
patient services are provided. The supervisor shall be in the same facility
as and in proximity to the location where the trainee is rendering services
and shall be readily available at all times to provide advice. instruction
and assistance to the trainee.
(c) The supervisor shall insure that patient informed consent is obtained
when necessary.
(d) The supervisor shall insure that the objectives of the training plan
submitted are provided and met by the trainee, and that the required theoretical
training is obtained in accordance with subsection (c) of Section 1399.425.
(e) The supervisor shall insure that the trainee complies with the standards
of practice in Article 5 of the Acupuncture Regulations.
(f) The supervisor shall file quarterly with the committee a progress report
on a form provided by the committee which sets forth the schedules for
theoretic and didactic training and for clinical training of the trainee.
(g) The supervisor shall insure that when rendering services or otherwise
engaging in professional activity the trainee always identifies himself
or herself as an 'acupuncture trainee" and wears at such times the
identification badge required in Section 1399.427.
(h) There shall be no separate billing by the trainee.
(i) The supervisor shall comply with the provisions of the acupuncture
law, the Acupuncture Regulations and applicable laws and regulations governing
wages and compensation paid to employees or apprentices, maximum hours
and working conditions. Any overtime worked by the trainee shall not interfere
with or impair the training program and shall not be detrimental to the
health and safety of the trainee or patients.
Each acupuncture trainee shall have the following duties and responsibilities:
(a) The trainee shall not provide acupuncture services without the required
supervision or autonomously, and shall not provide any services for which
he or she is not trained or competent to perform;
(b) The trainee shall satisfactorily meet the objectives of the training
plan submitted to the division. including the necessary theoretical training.
(c) The trainee shall comply with the standards of practice in Article
5 of the Acupuncture Regulations.
(d) The trainee shall always identify himself or herself as an acupuncture
trainee when rendering services or othennrise engaging in professional
activity and shall wear at such times an identification badge on an outer
garment and in plain view which states the trainee's name and the title
'Acupuncture Trainee."
(e) The trainee shall report to the committee any delay. interruption or
termination of the acupuncture tutorial not reported by the supervisor.
(a) The committee shall be notified in writing within ten (10) days
of the termination of any acupuncture tutorial for any reason. At the time
of such notification the registration of both the supervisor and trainee
shall be canceled. If the supervisor or trainee subsequently participate
in an acupuncture tutorial, a new application for registration shall be
filed with the committee as set forth in Section 1399.424. .
(b) If the training plan of the acupuncture tutorial is substantially modified
then a report of such modifications shall be filed with the committee.
There shall be no charge for filing such a report.
At the completion of the tutorial the trainee may file an application
for examination. 1399.430. Denial. Suspension or Revocation of Registration
as a Supenrisor. The committee may deny, issue subject to terms and conditions,
suspend. revoke or place on probation a registration to supervise a trainee
in an acupuncture tutorial for the following causes:
(a) Failure to comply with the provisions of Section 4940 of the code or
the Acupuncture Tutorial Regulations for approval of an acupuncture tutorial.
(b) Violation of the Acupuncture Certification Act or the Acupuncture Regulations.
(c) The supervisor is the subject of a successful disciplinary action or
has had charges in a disciplinary action filed against him or her.
(d) The registration was obtained by fraud or misrepresentation or false
or misleading information was presented to the division with respect to
an acupuncture tutorial.
(e) Failure of the supervisor or the trainee to comply with the regulations
relating to supervision, patient care or informed consent.
(f) The trainee has rendered acupuncture services in violation of this
act within the setting of the acupuncture tutorial regardless of whether
the supervising acupuncturist has knowledge of the acts performed.
The committee may deny, issue, subject to terms and conditions, suspend.
revoke or place on probation a registration as a trainee in an acupuncture
tutorial for the following causes:
(a) Failure to comply with the Acupuncture Tutorial Regulations for approval
and registration as a trainee.
(b) Violation of the Acupuncture Certification Act or the Acupuncture Regulations.
(c) The registration was obtained by fraud or misrepresentation or false
or misleading information was presented to the division with respect to
the acupuncture tutorial.
(d) Failure to comply with the regulations relating to supervision. patient
care or informed consent.
(e) The rendering of acupuncture services outside the approved acupuncture
tutorial.
(f) Failure to identih/ oneself as an acupuncture trainee or failure to
wear an appropriate identification badge when rendering acupuncture services.
(g) Rendering acupuncture services under a supervising acupuncturist who
is not approved as a supervisor by the committee or whose registration
as a supervisor has been disciplined under Section 1399.430.
Any proceedings to suspend or revoke the registration of a supervising acupuncturist or trainee or to deny such registration on grounds of unprofessional conduct shall be conducted pursuant to the Administrative Procedures Act (Section 11500 et seq. of the Government Code).
In order to be approved by the committee, an acupuncture training program
shall meet the following criteria:
(a) The curriculum shall include adequate theoretical training in the following:
Subject | Minimum Class Hours |
(1) General biology | |
(2) Chemistry--including organic and biochemistry. | |
(3) General physics--including a general survey of biophysics. | |
(4) General psychology-including counseling skills. | |
(5) Anatomy--a survey of microscopic, gross anatomy and neuroanatomy. | |
(6) Physiology--a survey of basic physiology, including neurophysiology, endocrinology, and neurochemistry. | |
(7) Pathology--a survey of the nature of disease and illness, including microbiology. immunologyl psychopathology, and epidemiology. | |
(8) Nutrition and vitamins. | 400 |
(9) History of medicine--a survey of medical history, including transcultural healing practices. | |
(10) Medical terminology-fundamentals of English language medical terminology. | 30 |
(11) Clinical sciences-a review of internal medicine. pharmacology, neuroiogy. surgery. obstetrics/gynecology, urology, radiology, nutrition and pub!ic health. | |
(12) Clinical medicine-a survey of the clinical practice of medicine. osteopathy, dentistry, psychology, nursing, chiropractic, podiatry, and homeopathy to familiarize practitioners with the practices of other health care practitioners. !13) Western pharmacology. | |
(14) Approved course in cardiopulmonary resuscitation (CPR). | 128 |
(15) Traditional Oriental medicine-a survey of the theory and practice of traditional diagnostic and therapeutic procedures. | (16) Acupuncture anatomy and physiology--fundamentals of acupuncture. inciuding the meridian system, special and extra loci, and auriculotherapy. |
(17) Acupuncture techniques--instruction in the use of needling techniques. moxibustion, and electroacupuncture, including precautions (e.g., sterilization of needles), contraindication and complications. | |
(18) Acupressure | |
(19) Breathing techniques--introductory course in Chi Kung. | |
(20) Traditional Oriental exercise--introductory course in Tai Chi Chuan. | 660 |
(21) Traditional Oriental herbology including botany--a portion of the hours shall be given in a clinical setting. | 300 |
(22) Practice management--instruction in the legal and ethical aspects of maintaining a professional practice, including record keeping, professional liability, patient accounts. and referral procedures. | |
(23) Ethics relating to the practice of acupuncture. | 30 |
(b) The curriculum shall include adequate clinical instruction, 75% of which shall be in a clinic which is owned and operated by the training program, which includes direct patient contact where appropriate in the following:
Subject | Minimum Hours |
(1) Practice Observation--supervised observation of the clinical practice of acupuncture with case presentations and discussions. | |
(2) Diagnosis and evaluation--the application of Eastern and Western diagnostic procedures in evaluating patients. | |
(3) Supervised practice--the clinical treatment of a patient with acupuncture. | 800 |
During the initial 235 hours of diagnosis. evaluation and clinical practice
the supervisor shall be physically present at all times during the diagnosis
and treatment of the patient. Thereafter, for a second period of 235 hours
the supervisor shall be physically present at the needling of the patient.
The supervisor shall othennrise be in close proximity to the location at
which the patient is being treated during the clinical instruction. The
student shall also consult with the supervisor before and after each treatment.
(c) The total number of hours of all theoretical training shall consist
of a minimum of 1,548 hours and the total number of hours of clinical instruction
shall consist of a minimum of 800 hours. and the course work shall extend
over a minimum period of four (4) academic years, eight (8) semesters,
twelve (121 quarters, nine (9) trimesters, or thiny-six (36) months.
(d) Candidates for admission shall have successfully completed an approved
high school course of study or have passed a standard equivalency test.
(e) The training program shall be located in a state university or college,
an institution approved by the Council on Private Postsecondary and Vocational
Education (CPPVE) under Section 94310 of the Education Code, or in the
case of training programs located outside California, in an institution
which is approved by the appropriate governmental accrediting authority
or an accrediting agency recognized by the U.S. Department of Education.
(f) The training program shall deveiop an evaluation mechanism to determine
the effectiveness of its theoretical and clinical program.
(g) Coursework shall carry academic credit.
(h) The director of the clinical portion of the training program shall
be a licensed acupuncturist or other licensed practitioner authorized to
practice acupuncture.
(i) All instructors shall be competent to teach their designated courses
by virtue of their education, training and experience.
(j) Each approved program shall receive accreditation or approval under
Section 94310 of the Education Code. or the approval of the program by
the committee shall automatically lapse.
(k) Each training program shall develop a mechanism to evaluate and award
transfer credit to students for prior coursework and experience which is
equivalent to that coursework and clinical instruction required in subsections
(b) and (d). The training program's policies and procedures for evaluating
and awarding transfer credit shall be set forth in writing and submitted
to the committee. Such policies and procedures shall include all of the
following:
(1) Credit shall only be awarded for actual coursework or directly relevant
experience received by the student. As used in this regulation, 'experience'
means academically relevant learning which involved the student directly
in the area of the curriculum required in this section and includes integrated
field and clinical intemships, apprenticeships, tutorial programs and cooperative
educational programs.
(2) Where the coursework and clinical instruction were completed at an
acupuncture school not approved by the committee. the evaluation shall
include an examination administered by the school in the subject area(s)
in which transfer credit may be awarded.
(3) The outcome of the prior education and experience shall be equivalent
to that of an average student who has completed the same subject(s) in
the training program and shall ineet the curriculum standards and graduation
requirements of the training program.
(4) Up to 10096 transfer credit may be awarded for coursework and clinical
instruction completed successfully at another acupuncture school or college
which is approved by the committee.
(5) Up to l00% transfer credit may be awarded for courses completed successfully
in biology, chemistry, physics, psychology, anatomy, physiology. pathology,
nutrition and vitamins, history of medicine, medical terminology, clinical
science, clinical medicine, Western pharmacology, cardiopulmonary resuscitation,
practice management, and ethics at a school which is approved under Section
94310 of the Education Code or by an accrediting agency recognized by the
U.S. Department of Education.
(6) Credit for clinical coursework and instruction in traditional oriental
medicine, acupuncture anatomy and physiology, acupuncture techniques, acupressure.
breathing techniques, traditional oriental exercise. or traditional oriental
herbology completed successfully at a school which is not approved by the
committee may be awarded by a school approved by the committee, provided
that at least 50% of the course hours in these subject areas are completed
successfully at a school approved by the committee.
(7) The entire record of the training program's evaluation and award of
the student's transfer credit shall be included in the student's academic
file and shall be made an official part of the student's transcript which
shall be filed with the committee upon request of the student.
(8) All students shall receive upon matriculation a copy of the training
program's policies and procedures for evaluating and awarding transfer
credit.
Educational institutions or programs seeking approval of an acupuncture training program shall provide the committee with such documents and other evidence as may be necessary for the committee to determine the actual nature and extent of the training offered, including but not limited to. catalogues, course description. curricula plans, and study bulletins.
The committee may deny, place on probation. suspend or revoke the approval granted to any acupuncture training program for any failure to comply with the regulations in this article, the Acupuncture Regulations or the Acupuncture Certification Act.
(a) Every approved acupuncture school shall be required to submit to
the committee within sixty (60) days after the close of the school's fiscal
year a current course catalog with a letter outlining the following: 1)
any courses added/deleted or significantly changed from the previous year's
curriculum; 2) any changes in faculty. administration. or governing body;
3) any major changes in the school facility; and 4) a statement regarding
the school's financial condition, which enables the committee to evaluate
whether the school has sufficient resources to ensure the capability of
the program for enrolled students.
(b) If determined necessary an on-site visit by representatives of the
committee will be made to the school to review and evaluate the status
of the school. The school will be required to reimburse the committee for
direct costs incurred in conducting such review and evaluation.
(c) All student records shall be maintained at least in English.
(d) Each approved acupuncture school shall report to the committee within
30 days any substantial changes to the facility and/or clinic(s), and curriculum
required in this section.
Examinations shall be administered at times and locations to be determined by the committee. If the same examination is administered in more than one location, it shall be administered concurrently in each location.
Examinations shall be administered in English. Chinese, and Korean. An applicant shall notify the committee of the desired language where provided for in the Application for Examination/Licensure. Translations and translators, when necessary for other languages. shall be provided in any language for which a translation is formally requested as provided above by a minimum of five percent (5) of the total number of approved applications. Otherwise, such applicants shall take the examination in one of the languages listed above.
(a) The examination shall consist of both a written examination and
an oral and practical examination.
(b) The examination shall test the applicant's knowledge and competency
in the practice of oriental medicine through acupuncture.
(c) In order to pass an examination an applicant shall be required to obtain
a passing score as determined by a criterion-referenced method of establishing
the passing point on each part of the examination.
(d) In order for an applicant to sit for the clinical examination, he or
she shall first pass the written portion of the examination.
Any acupuncturist whose license has been expired for more than three years and who is applying for a new license under Section 4967 of the code shall be required to take and pass the clinical examination before a new license may be issued.
(a) An applicant who has received a failing score on the practical examination
may petition the committee for reconsideration of his/her examination results.
A petition for reconsideration shall be limited to situations where an
applicant has alleged that he or she was significantly disadvantaged due
to significant procedural error in. or adverse environmental conditions
during. the test administration.
(b) The petition for reconsideration shall be filed with the committee
within fifteen (15) days after the date on the Notification of Failure
of the exam. The petition shall be made in writing. and it shall state
the reason for reconsideration.
(c) The review of the petition shall be conducted by one or more committee
members, or the committee's designee, to determine if there is clear and
convincing evidence to sustain the applicant's petition. Such findings
shall be subject to the approval of the committee.
(d) Within thirty days after the committee has approved the determination
after reconsideration, the applicant will be notified in writing of the
results of his or her petition. In acting on petitions for reconsideration,
the commirtee may take such action as it deems appropriate. The committee
shall not issue a license unless it has determined that the applicant has
demonstrated the required competence.
(e) All examination materials shall be retained by the committee at its
office in-Sacramento for a period of at least two years after the date
of the examination.
(a) Every acupuncture office shall be maintained in a clean and sanitary
condition at all times, and shall have a readily accessible bathroom facility
in accordance with Title 24, Part 2, Building Standards Code Section 705(g).
(b) In all offices where non-disposable needles are used, there shall be
functioning sterilization equipment.
In treating a patient, an acupuncturist shall adhere to the following
procedures:
(a) The acupuncturist's hands shall be brush-scrubbed with soap and warm
water immediately before examining patients or handling acupuncture needles
and other instruments, and between patients.
(b) All acupuncture needles and other instruments shall be sterilized before
and between uses in a manner which will destroy all microorganisms. All
needle trays which contain sterile needles shall also be sterile. Each
time needles or other instruments are sterilized, the acupuncturist shall
use a tape or strip indicator which shows that sterilization is complete.
(c) Acupuncture points, where needles are to be inserted, shall be cleaned
with an appropriate antiseptic before insertion of the needle.
(d) In the event an acupuncture needle inserted in a patient breaks subcutaneously,
the treating acupuncturist shall immediately consult a physician. An acupuncturist
shall not sever or penetrate the tissues in order to excise such a needle.
(e) Any complications, including but not limited to, hematoma, peritonitis
or pneumothorax arising out of acupuncture treatment shall be referred
immediately to a physician or dentist or podiatrist, if appropriate, if
immediate medical treatment is required.
(f) Acupuncture shall not be performed using hypodermic needles.
(g) All acupuncture needles and instNments to be discarded shall be safely
disposed of. Needles shall be discarded in one of the two following ways.
(1) They shall be sterilized and discarded in a sealed container, or
(2) they shall be placed in a sealed. unbreakable container marked "Hazardous
Waste" and disposed of in a manner consistent with subsections (b).
(c), (g) and (h) of Title 22 Cal. Code Reg. Section 66840.
(a) Any acupuncturist who provides acupuncture treatment outside the
office shall carry the required sterile needles and other instruments in
a sterile airtight container.
(b) All standards of practice applicable to treatment outside the office
shall be adhered to by the acupuncturist providing such treatment.
An acupuncturist shall keep complete and accurate records on each patient who is given acupuncture treatment, including but not limited to, treatments given and progress made as a result of the acupuncture treatments.
(a) A certified acupuncturist may advertise the provision of any acupuncture
services authorized to be provided by such certification in a manner authorized
by Section 651 of the code so long as such advertising does not promote
the excessive or unnecessary use of such services.
(b) It is improper advertising as provided in Section 4955 of the code
to disseminate any advertising which represents in any manner that the
acupuncturist can cure any type of disease, condition or symptom.
(c) It is improper adveRising as provided in Section 4955 of the code to
disseminate any advertising of a practice. technique or procedure which
is not within the scope of the practice of acupuncture as defined in Section
4927 and 4937 of the code and which is the unlawful practice of medicine.
It is unprofessional conduct for an acupuncturist to use the title "Doctor" or the abbreviation "Dr." in connection with the practice of acupuncture unless he or she possesses a license or ceRificate which authorizes such use or possesses an earned doctorate degree from an accredited, approved or authorized educational institution as set forth in Section 94310 of the California Education Code which is in acupuncture, Oriental medicine, a biological science, or is otherwise related to the authorized practice of an acupuncturist as set forth in Section 4927 and 4937 of the Code. The use of the title "Doctor" or the abbreviation 'Dr.' by an acupuncturist as authorized above without further indicating the type of license, certificate or degree which authorizes such use, constitutes unprofessional conduct.
(a) The application fee shall be seventy-five dollars ($75).
(b) The examination and reexamination fee shall be two hundred dollars
($200), plus the applicable fingerprint processing fee in effect at the
time the application is submitted.
(c) In order to establish and administer a birthdate renewal program, the
initial license fee for an acupuncture license will be based on the date
the license is issued and the birthmonth of the applicant. No license will
be issued for less than twelve (12) months. The fee for an initial license
shall be in accordance witht he following schedule:
(Table deleted from world wide web document for the sake of brevety)
(d) Effective January 1, 1996. the biennial renewal fee for a licensed
acupuncturist shall be three hunared twenty-five dollars ($325.)
(e) An expired license may be renewed at any time within three years after
its expiration. The licensee will be required to pay ali accrued and unpaid
renewal fees, plus any delinquency fee.
(f) The delinquency fea is twenty-five dollars ($25).
(g) The application fee for the approval of a school or college shall be
one thousand and five hundred dollars ($1,500).
(h) The fee for a duplicate or replacement engraved wall license shall
be fifteen dollars ($15).
(i) The fee for a duplicate or replacement renewal receipt/pocket license
shall be ten dollars ($l0).
(j) The fee for a letter of endorsement shall be ten dollars ($l0).
The annual renewal fees shall be due within 30 days of completion of one (1) year of an approved acupuncture tutorial.
The approval fee for each provider of continuing education shall be $150.
(a) The executive officer of the committee is authorized to issue a
citation which may contain an order of abatement and/or an administrative
fine for violations by an acupuncturist of the statutes contained in the
Acupuncture Licensing Act (commencing with Business and Professions Code
Section 4925 et seq.) or the regulations adopted by the committee.
(b) Each citation shall be in writing and shall describe with particularity
the nature and facts of the violation, including a reference to the statvte
or regulation alleged to have been violated. The citation shall be served
upon the individual personally or by certified mail.
A citation shall not be issued in any of the following circumstances:
(a) The violatipn is of such a nature and/or severity that revocation of
the license or restrictions on the license are necessary in order to ensure
consumer protection.
(b) The licensee's conduct displayed a disregard for the patient and/or
patient's rights. This includes, but is not limited to, physical abuse,
neglect; abandonment; fiduciary abuse (as defined in Welfare and Institution
Code Section 15610).
(c) The licensee failed to comply with any requirement of any previous
citation, including any order of abatement or fine.
(d) The violation involves unprofessional conduct related to controlled
substances or dangerous drugs.
(e) The violation involves unprofessional conduct related to sexual abuse.
misconduct or relations with a patient.
(f) The licensee was convicted of an offense substantially related to the
qualifications, functions and duties of an acupuncturist and there is insufficient
evidence of rehabilitation.
The amount of any administrative fine to be levied by the executive
officer shall be no less than $100 nor more than $2500. In assessing the
amount of the fine, the executive officer will consider the following factors
in determining the amount of the fine:
(a) Gravity of the violation.
(b) History of previous violations of the same or similar nature.
(c) The good or bad faith exhibited by the cited person.
(d) Evidence that the violation was willful.
(e) The extent to which the cited person cooperated with the committee's
investigation.
(f) The extent to which the cired person has mitigated or attempted to
mitigate any damage caused by his or her violation.
(g) Such other factors as justice may require.
(a) If a cited person who has been issued an order of abatement is unable
to complete the abatement within the time set forth in the citation because
of conditions beyond his or her control after the exercise of reasonable
diligence, the person cited may request an extension of time from the executive
officer in which to complete the correction. Such a request shall be in
writing and shall be made within the time set forth for abatement.
(b) When an order of abatement is not contested or if the order is appealed
and the person cited does not prevail, failure to abate the violation charged
in the citation within the time allowed shall constitute a violation and
failure to comply with the order of abatement. Such failure may result
in disciplinary action being taken by the committee or other appropriate
judicial relief being taken against the person cited.
The executive officer of the committee is authorized to determine when and against whom a citation will be issued and to issue citations containing orders of abatement and fines against persons who are performing or who have performed services for which license as an acupuncturist is required under the Acupuncture Licensure Act. Each citation issued for unlicensed activity shall contain either an order of abatement. or, where appropriate, the executive officer shall levy a fine for such unlicensed activity in accordance with section 1399.465 of these regulations. The provisions of sections 1399.463. 1399.465. 1399.466, and 1399.468 apply to the issuance of citations for unlicensed activity under this section. The citation issued under this section shall be separate from and in addition to any other civil or criminal remedies.
(a) In addition to requesting a hearing provided for in subdivision
(b)(4) of section 125.9 of the code, the person cited may, within ten (10)
days after service or receipt of the citation, notify the executive officer
in writing of his or her request for an informal conference with the executive
officer regarding the acts charged in the citation.
(b) The executive officer shall hold, within 60 days from the receipt of
the request, an informal conference with the person cited. At the conclusion
of the informal conference, the executive officer may affirm. modify or
dismiss the citation, including any fine levied or order of abatement issued.
The executive officer shall state in writing the reasons for his or her
action and serve or mail, as provided in subsection (b) of section 1399.463,
a copy of his or her findings and decision to the person cited within ten
days from the date of the informal conference. This decision shall be deemed
to be a final order with regard to the citation issued, including the fine
levied and the order of abatement.
(c) The person cited does not waive his or her request for a hearing to
contest a citation by requesting an informal conference after which the
citation is affirmed by the executive officer. If the citation is dismissed
after the informal conference. the request for a hearing on the matter
of the citation shall be deemed to be withdrawn. If the citation, including
any fine levied or order of abatement. is modified, the citation originally
issued shall be considered withdrawn and new citation issued. If a hearing
is requested for the subsequent citation, it shall be requested within
30 days in accordance with subdivision (b)(4) of section 125.9.
These regulations may be cited and referred to as the "Acupuncture Corporation Regulations'.
An acupuncture corporation shall comply with the following provisions:
(a) The corporation is organized and exists pursuant to the general corporation
law and is a professional corporation within the meaning of Part 4. Division
3, Title 1 of the Corporations Code.
(b) Each shareholder. director, and officer (except as provided in Section
13403 of the Corporations Code and Section 4977.2 of the code) holds a
valid acupuncture certificate. An acupuncturist may be a shareholder in
more than one acupuncture corporation.
(c) Each professional employee of the corporation who will practice acupuncture.
whether or not a director, officer, or shareholder, holds a valid acupuncture
certificate.
The name of the corporation and any name or names under which it may render professional services shall include words or abbreviations denoting corporate existence limited to the following: "Professional Corporation', 'Prof. Corp.', 'Corporation", "Corp.', 'Incorporated", or 'Inc.'
(a) Where there are two or more shareholders in an acupuncture corporation and one of the shareholders:
(1) Dies or
(2) Becomes a disqualified person as defined in Section 13401 (d) of the
Corporations Code. his or her shares shall be sold and transferred to the
corporation. its shareholders. or other eligible licensed persons on such
terms as are agreed upon. Such sale or transfer shall not be later than
six (6) months after any such death and not later than ninety (90) days
after the date the shareholder becomes a disqualified person. The requirements
of this subsection shall be set forth in the acupuncture corporation's
articles of incorporation or bylaws.
(b) A corporation and its shareholders may, but need not. agree that
shares sold to it by a person who becomes a disqualified person may be
resold to such person if and when he or she again becomes an eligible shareholder.
(c) The share certificates of an acupuncture corporation shall contain
an appropriate legend setting forth the restrictions of subsection (a).
(d) Nothing in these regulations shall be construed to prohibit an acupuncture
corporation from owning shares in a nonprofessional corporation.
The restrictions on the ownership of the shares of professional corporations shall apply to both the legal and equitable title to such shares.
(a) An acupuncture corporation may perform any act authorized in its
articles of incorporation or bylaws so long as that act is not in conflict
with or prohibited by these regulations, the Acupuncture Certification
Act or the regulations adopted pursuant thereto.
(b) An acupuncture corporation may enter into partnership agreements with
other acupuncturists practicing individually or in a group or with other
acupuncture corporations.
(a) For purposes of this article:
(1) "Approved Provider' means those persons or organizations offering
continuing education as approved by the Committee.
(2) 'Course" means a systematic learning experience, at least one
hour in length, which deals with and is designed for the acquisition of
knowledge, skilis and information relevant to the practice of acupuncture.
(3) 'Hour' means at least fifty (50) minutes of participation in an organized
learning experience.
(a) In order to be an approved provider, a provider shall submit to
the committee a provider application on a form provided by the committee
accompanied by the fee set forth in Section 1399.462. All provider applications
and documentation submitted to the Committee shall be typewritten and in
English.
(b) The approval of the provider shall expire two (2) years after it is
issued by the Committee and may be renewed upon the filing of the required
application and fee.
(c) Acupuncture schools and colleges which ave been approved by the committee
under Section 4939 of the code and Article 3.5 (commencing with Section
1399.436) who seek to be approved providers shall be required to submit
an application to the Committee accompanied by the appropriate fee, but
shall be deemed to have met the requirements for approval under this article.
(a) For the purpose of this Article, the title "approved provider'
can only be used when a person or organization has submitted a provider
application form. remitted the appropriate fee and has been issued a provider
number.
(b) A person or organization may be issued only one provider number. When
two or more approved providers co-sponsor a course, the course shall be
identified by only one provider number and that provider shall assume responsibility
for recordkeeping, advertising. issuance of certificates and instructor(s)
qualifications.
(c) An approved provider shall keep the following records for a period
of four years in one identified location:
(1) Course outlines of each approved course given.
(2) Record of time and places of each approved course given.
(3) Course instructor curriculum vitaes or resumes.
(4) The attendance record for each approved course which shows the name,
signature and license number of acupuncturists taking the course and a
record of any certificates issued to them.
(5) Participant evaluation forms for each approved course given.
(d) Within ten (10) days of completion of an approved course, the provider shall submit to the committee the following:
(1) A copy of the attendance record showing the name, signature and
license number of any licensed acupuncturists who attended the approved
course.
(2) The participant evaluation forms of the approved course.
(e) Approved providers shall issue, within 60 days of the conclusion of an approved course, to each participant who has completed the course a. certificate of completion which contains the following information:
(l) Provider's name and number.
(2) Course title.
(3) Participant's name and, if applicable, his or her acupuncture license
number.
(4) Date and location of course.
(5) Number of continuing education hours completed.
(6) Statement directing the acupuncturist to retain the certificate for
at least four (4) years from the date of completion of the course.
(f) Approved providers shall notify the committee of any changes to
the date or location of an approved course. A change to the date of an
approved course shall not be prior to the date for which the course was
approved. if the new date would occur less than 45 days from receipt of
the course request.
(g) Any changes in the content of or instructor(s) for an approved course
shall require prior approval of the committee. A request to change the
content of or instructor(s) for an approved course shall be received by
the committee at least ten (10) days before the course begins.
(h) Approved providers shall notify the committee within 30 days of any
changes in organizational structure of a provider and/or the person(s)
responsible for the provider's continuing education course, including name,
address, or telephone number changes.
(i) Provider approval is non-transferable.
(j) The committee may audit during reasonable business hours records, courses,
instructors and related activities of an approved provider.
(a) Only an approved provider may obtain approval to offer continuing
education courses.
(b) The content of all courses of continuing education shall be relevant
to the practice of acupuncture and shall
(1) Be related to the knowledge and/or technical skills required to
practice acupuncture, or
(2) Be related to direct and/or indirect patient care. Courses in acupuncture
practice management or medical ethics shall also be acceptable.
(c) Each course shall include a method by which the course participants evaluate the following:
(1) The extent to which the course met its stated objectives.
(2) The adequacy of the instructor's knowledge of the course subject.
(3) The utilization of appropriate teaching methods.
(4) The applicability or usefulness of the course information.
(5) Other relevant comments.
(d) Courses designed to be completed by an individual on an independent or home study basis shall not be acceptable.
(a) In order to obtain approval for a course, an approved provider shall submit to the committee a request for course approval, in English, on a form provided by the committee. or in a similar format which contains the following information:
(1) The provider's name, provider number, address, telephone number
and contact person.
(2) Course title, date(s), location(s), and number of continuing education
hours.
(3) Type and method of instruction and educational objectives to be met.
(4) A course outline, course description. and instructor information and
qualifications.
(5) All proposed pubiic advertisements which are intended to be used by
the provider to advertise the course. Where the provider uses a public
advertisement which is developed after the course has been approved and
which was not provided to the committee with the course request, the provider
shall mail a copy of that advertisement to the committee within ten (10)
days after its publication.
(b) Approved providers shall obtain committee approval for every course
that is offered for continuing education credit. Where a previously approved
course is to be repeated, the provider shall apply to the committee for
approval of each subsequent administration of the course.
(c) All requests for course approval shall be submitted to the committee
at least 45 days before the course is first offered.
(a) It shall be the responsibility of each approved provider to use qualified instructors. (b) Instructors teaching approved continuing education courses shall have the following minimum qualifications:
(1) An acupuncturist instructor, shall (A) hold a current valid license to practice acupuncture or is otherwise authorized to act as a guest acupuncturist in accordance with section 4949 of the code and be free of any disciplinary order or probation imposed by the committee, and (B) be knowledgeable, current and skillful in the subject matter of the course as evidenced through:
1. holding a baccalaureate or higher degree from a college or university
and written documentation of experience in the subject matter; or
2. experience in teaching similar subject matter content within the two
years preceding the course; or
3. have at least one year's experience within the last two years in the
specialized area in which he or she is teaching.
(2) A non-acupuncturist instructor shall:
(A) be currently licensed or certified in his or her area of expertise
if appropriate, and
(B) show written evidence of specialized training, which may include, but
not be limited to. a certificate of training or an advanced degree in given
subject area, and
(C) have at least one year's teaching experience within the last two years
in the specialized area in which he or she teaches.
(a) Information disseminated by approved providers publicizing continuing education shall be true and not misleading and shall include the following:
(1) A clear, concise description of the course content and/or objectives.
(2) The date and location of the course.
(3) The provider's name and telephone number.
(4) The statement 'This course has been approved by the California Acupuncture
Committee, Provider Number ______, for ______ hours of continuing education."
(5) Provider's policy on refunds for cases of non-attendance or cancellations.
(b) A provider shall not describe a course as being committee approved until wrirten confirmation of approval by the committee has been received by the provider. Where a provider is waiting for a determination by the committee on its request for course approval. the provider may advertise that the course is "pending" approval. A provider which advertises that its course is pending approval shall assume all responsibility if a course is subsequently denied by the committee.
(a) The committee may withdraw its approval of a provider or deny a provider application for causes which include, but are not limited to, the following:
(1) Conviction of crime substantiaily related to the activities of a
provider.
(2) Failure to comply with any provision of Chapter 12, Division 2 of the
Business and Professions Code and/or Division 13.7 of Title 16 of the California
Code of Regulations.
(b) Any material misrepresentation of fact by a provider or applicant
in any information required to be submitted to the committee is grounds
for withdrawal or denial of an application.
(c) The committee may withdraw its approval of a provider or a course after
giving the pravider written notice setting forth its reasons for withdrawal
and after giving the provider a reasonable opportunity to be heard by the
committee or its designee.
(d) Should the committee deny approval of a provider or a course request,
the applicant may appeal the action by filing a letter stating the reason(s)
with the committee: The letter-of appeal shall be filed with the committee
within ten (10) days of the mailing of the applicant's notification of
the committee's denial. The appeal shall be considered by the committee
or its designee. In the event that the committee or its designee considers
the appeai after the date of the course for which the appeal is being made,
a retroactive approval may be granted.
(a)
(1) The committee shall inform a provider seeking approval within ten
(10) days from receipt of an application of its decision whether the application
is complete and accepted for filing or is deficient and what specific information
is required.
(2) Once an application is 'complete,' the committee shall inform a provider
seeking approval within 30 days after completion of the application of
its decision whether the applicant meets the requirements for approval
and is approved. 'Completion of the application' means that a completed
application form together with all required information, documentation
and fees have been received by the committee.
(3) The minimum. median and maximum processing times for a provider application
from the time of receipt of a completed application until the committee
makes a decision is set forth below: Minimum - One (l) day,
Median - Ten (10) days,
Maximum - Thirty (30) days ,
(b)
(1) The committee shall inform a provider seeking course approval within
ten (10) days from receipt of a request for course approval of its decision
whether the request is complete and accepted for filing or is deficient
and what specific information is required.
(2) Once a request for course approval is complete. the committee shall
inform a provider within 30 days of its decision whether the course meets
the requirements for approval. "Completion of the application"
means that a completed application form together with all required information
and documentation have been received by the committee.
(3) The minimum, median and maximum processing times for a course request
appiication from the time of receipt of a completed application until the
committee makes a decision is set forth below:
Minimum - One (l) day
Median - Ten (l0) days
Maximum - Thirty (30) days
(c) If a provider seeking approval submits a request for a course approval along with the initial provider application, the course request wili not be considered for approval until the provider application is approved. In such cases, the committee's processing time for the course request will be in accordance with Section 1399.488(b)(1)-(3).
(a) Each acupuncturist at the time of license renewal shall sign a statement
under penalty of perjury that he or she has or has not complied with the
continuing education requirements.
(b) The committee may audit once each year a random sample of acupuncturists
who have reported compliance with the continuing education requirement.
No acupuncturist shall be subject to audit more than once every two (2)
years.
(c) It shall constitute unprofessional conduct for any acupuncturist to
misrepresent completion of the required continuing education.
(d) Any acupuncturist selected for audit shall be required to submit documentation
or records of continuing education coursework he or she has taken and completed.
(e) Each acupuncturist shall retain for a minimum of four (4) years records
of all continuing education programs attended which indicate the provider's
name, title of the course or program, date(s) and location of course. and
number of continuing education credits awarded.
(f) Instructors of approved continuing education courses may receive a
maximum of two (2) hours of continuing education credit per year. Such
credit can be claimed only where the individual acts as an instructor of
an approved course. In addition, one hour of CE credit shall be accrued
for each classroom hour completed as an instnrctor of a committee approved
CE course. Participation as a member of a panel presentation for an approved
course shall not entitle the paRicipant to earn continuing education credit
as an instructor.
(a) Any acupuncturist who is not actively engaged in the practice of
acupuncture desiring an inactive license under the provisions of Article
9 (commencing with Section 700) Chapter 1 of Division 2 of the code or
to restore an inactive license to active status shall submit an application
to the committee on a form provided by it. (Active/lnactive License Application
(Rev. 5/95). The applicant need not submit his or her certificate or a
copy thereof to the committee with the application.
(b) In order to restore an inactive license to active status, the licensee
shall have completed a minimum of 30 hours of approved continuing education
within the last two (2) years in compliance with this anicle. In the event
a license has been inactive less than two (2) years, a minimum of fifteen
(15) hours of continuing education will be required.
(c) The inactive status of any licensee shall not deprive the committee
of its authority to institute or continue a disciplinary proceeding against
a licensee upon any ground provided by law or to enter an order suspending
or revoking a license or otherwise raking disciplinary action against the
licensee on any such ground.
(a) An acupuncturist shall be allowed to use up to four (4) hours of continuing education in acupuncture practice management or medical ethics per year to meet his or her continuing education requirements.
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