BILL NUMBER: AB 2072AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 9, 2012 INTRODUCED BY Assembly Member Eng FEBRUARY 23, 2012 An act relating to health care practitioners. An act to amend Section 3209.3 of the Labor Code, relating to workers' compensation. LEGISLATIVE COUNSEL'S DIGEST AB 2072, as amended, Eng. Acupuncturists: educational requirements. Workers' compensation: acupuncturists. Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law prohibits an acupuncturist, as defined, from being authorized to determine disability for certain purposes relating to workers' compensation disability payments and benefits. This bill would instead prohibit an acupuncturist from being authorized to determine disability for these purposes unless he or she is designated as a qualified medical evaluator pursuant to specified provisions of law. The bill would also make technical changes. Existing law, the Acupuncture Licensure Act, provides for the licensing and regulation of the practice of acupuncture. Existing law establishes the Acupuncture Board which establishes standards for education and training in the practice of acupuncture. This bill would state that it is the intent of the Legislature to enact legislation that would modify the educational requirements for acupuncturists. Vote: majority. Appropriation: no. Fiscal committee: no yes . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3209.3 of the Labor Code is amended to read: 3209.3. (a) "Acupuncturist" means a person who holds an acupuncturist's certificate issued pursuant to Chapter 12 (commencing with Section 4925) of Division 2 of the Business and Professions Code. (a) (b) "Physician" includes physicians and surgeons holding an M.D. or D.O. degree, psychologists, acupuncturists, optometrists, dentists, podiatrists, and chiropractic practitioners licensed by California state law and within the scope of their practice as defined by California state law. (b) (c) "Psychologist" means a licensed psychologist with a doctoral degree in psychology, or a doctoral degree deemed equivalent for licensure by the Board of Psychology pursuant to Section 2914 of the Business and Professions Code, and who either has at least two years of clinical experience in a recognized health setting or has met the standards of the National Register of the Health Service Providers in Psychology. (c) (d) When treatment or evaluation for an injury is provided by a psychologist, provision shall be made for appropriate medical collaboration when requested by the employer or the insurer. (d) "Acupuncturist" means a person who holds an acupuncturist's certificate issued pursuant to Chapter 12 (commencing with Section 4925) of Division 2 of the Business and Professions Code. (c) (e) Nothing in this section shall be construed to authorize acupuncturists an acupuncturist to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2, or under Section 2708 of the Unemployment Insurance Code , unless he or she is designated as a qualified medical evaluator under Section 139.2 . SECTION 1. It is the intent of the Legislature to enact legislation that would modify the educational requirements for acupuncturists.