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
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:
(1) Is engaged in a course or tutorial program in acupuncture. as provided
in this chapter: or
(2) Is a graduate of a school of acupuncture approved by the committee
and participating in a postgraduate review course that does not exceed
three months in duration at a school approved by the board.
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:
(1) An educational and training program approved by the committee pursuant
to Section 4939.
(2) Satisfactory completion of a tutorial program in the practice of an
acupuncturist which is approved by the committee.
(3) In the case of an applicant who has completed education and training
outside the United States and Canada, documented educational training and
clinical experience which meets the standards established pursuant to Sections
4939 and 4941.
(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:
(1) Is licensed to practice acupuncture in this state and that license
is current, valid, and has not been suspended or revoked or otherwise subject
to disciplinary action.
(2) Has filed an application with the committee.
(3) Files with the committee the name of each trainee to be trained or
employed and a training program satisfactory to the committee.
(4) Does not train or employ more than two acupuncture trainees at any
one time.
(5) Has at least 10 years of experience practicing as an acupuncturist
and has been licensed in this state for at least five years.
(6) Is found by the committee to have the knowledge necessary to educate
and train the trainee in the practice of an acupuncturist.
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:
(1) Course content.
(2) Test criteria.
(3) Hours of continuing education credit requested for the course.
(4) Experience and training of instructors.
(5) Other information as required by the committee.
(6) That interpreters or bilingual instruction will be made available,
when necessary.
(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.
Back to the Table of Contents...
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:
(1) At least three years for reinstatement of a license revoked or surrendered.
(2) At least two years for early termination of probation of three years
or more.
(3) At least two years for modification of a condition of probation.
(4) At least one year for early termination or probation of less than three
years.
(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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Acupuncture Regulations of California
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