Small News/Politics Graphic 1997 California Acupuncture Legislation
from the California Society for Oriental Medicine


The California Society for Oriental Medicine (CSOM) has sponsored four pieces of legislation to advance and protect the acupuncture and Oriental medicine profession. These bills deal with three very important issues related to the practice of acupuncture in California. Please take a moment to familiarize yourself with these issues. CSOM is hoping that you will lend your support both in terms of financial contributions and in writing letters.


Update: June 6, 1997
AB 410 was voted out of the Assembly 68 yea's to 1 nay (Richter - R). The bill will now go to the senate and will go to the revenue and taxation committee.

Now is the time to write the Governor and ask him to sign our three bills. SB 212, AB 174, AB 410. SB 212 could go to the Governor by the end of the month.


SB212 and AB204

AB174

AB410


SB212 (Burton/Brulte) and AB204 (Migden/Villaraigosa)

A California state senate bill that removes the sunset clause. This bill will permanently make acupuncturists physicians in the workers compensation system.

Acupuncturists have been physicians in the workers compensation system in California since 1988. The original law was only for a four year trial. An evaluation was to take place by the end of this four year term (1992). The evaluation never took place and the sunset clause was extended for another four years with the provision for another evaluation. By the end of 1994 there was still no evaluation and the plans for a study by U.C. Berkeley had been discarded. CSOM instructed AB 1002 at the beginning of 1995 to eliminate the sunset clause, and in 1996 another two year extension was granted. The Department of Industrial relations did a "survey" and then issued a report that was inconclusive about whether acupuncturists should or should not remain in the system.

Since acupuncturists have been in the system for almost ten years without any evidence of any problem from any area, the time has come to end our temporary status and push for what we deserve. This is nothing less than permanent inclusion as physicians along with all other primary care providers. CSOM has introduced two bills, one in the state senate (SB212), and one in the state assembly (AB204). With the support of the profession we feel that we will be able to achieve our goal, and be able to move forward to insure that Oriental medicine is included in our current health care system.

AB410 (Gallegos/Villaraigosa)

This bill will make acupuncturists exempt from having to charge, and then pay, California state sales tax on sales or herbs and/or dietary supplements.

Acupuncturists, unlike medical doctors, chiropractors, podiatrists, and dentists, are required to charge and collect sales tax on sales of herbs and dietary supplements. All acupuncturists who have been selling herbs or dietary supplements for the last 22 years are required to charge tax on those sales, and then pay the State Board of Equalization. This requires a resale permit and quarterly tax payments. Audits of herb companies that sell products to practitioners, has already led to audits of acupuncturists. This has cost some acupuncturists thousands of dollars in back taxes and penalties. To prevent this problem CSOM has introduced AB410 to give us a tax exemption similar to the one chiropractors have.

AB174 (Napolitano)

Makes it a misdemeanor for allied health care providers to practice acupuncture without passing the State licensing exam. This bill insures that HMOs such as Kaiser Permanente will not hire nurses or physicians assistants to practice acupuncture.

For some time, Kaiser Permanente has been offering acupuncture in the HMO setting. It was learned that they were planning to hire nurses or maybe even physician's assistants to perform acupuncture under the supervision of a medical doctor. L.Ac.s and even registered nurses who were L.Ac.s were not included in this vision of "medical acupuncture". There are conflicting legal opinions as to whether it is legal for a nurse or other health care practitioner to do acupuncture under a physician's supervision. CSOM wanted this to be clear, and sponsored this bill to clarify who may practice acupuncture. Only a trained practitioner who has passed the California licensing exam, except for MD's Podiatrists and Dentists.


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