California 2021 2021-2022 Regular Session

California Assembly Bill AB918 Introduced / Bill

Filed 02/17/2021

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 918Introduced by Assembly Member Quirk-SilvaFebruary 17, 2021 An act to amend Section 4938 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 918, as introduced, Quirk-Silva. Acupuncture: licensure: examination.The Acupuncture Licensure Act provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board. Existing law requires an applicant for a license to pass a written examination that tests the applicants ability, competence, and knowledge in the practice of acupuncture. Existing law requires the examination to be administered by the board and developed by the Office of Professional Examination Services of the Department of Consumer Affairs.This bill would instead require applicants to obtain a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to the act.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4938 of the Business and Professions Code is amended to read:4938. (a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:(1) Is at least 18 years of age.(2) Furnishes satisfactory evidence of completion of one of the following:(A) (i) An approved educational and training program.(ii) If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.(3) Obtains a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to this act.(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. 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. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.(b) 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.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 918Introduced by Assembly Member Quirk-SilvaFebruary 17, 2021 An act to amend Section 4938 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 918, as introduced, Quirk-Silva. Acupuncture: licensure: examination.The Acupuncture Licensure Act provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board. Existing law requires an applicant for a license to pass a written examination that tests the applicants ability, competence, and knowledge in the practice of acupuncture. Existing law requires the examination to be administered by the board and developed by the Office of Professional Examination Services of the Department of Consumer Affairs.This bill would instead require applicants to obtain a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to the act.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 918

Introduced by Assembly Member Quirk-SilvaFebruary 17, 2021

Introduced by Assembly Member Quirk-Silva
February 17, 2021

 An act to amend Section 4938 of the Business and Professions Code, relating to healing arts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 918, as introduced, Quirk-Silva. Acupuncture: licensure: examination.

The Acupuncture Licensure Act provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board. Existing law requires an applicant for a license to pass a written examination that tests the applicants ability, competence, and knowledge in the practice of acupuncture. Existing law requires the examination to be administered by the board and developed by the Office of Professional Examination Services of the Department of Consumer Affairs.This bill would instead require applicants to obtain a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to the act.

The Acupuncture Licensure Act provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board. Existing law requires an applicant for a license to pass a written examination that tests the applicants ability, competence, and knowledge in the practice of acupuncture. Existing law requires the examination to be administered by the board and developed by the Office of Professional Examination Services of the Department of Consumer Affairs.

This bill would instead require applicants to obtain a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to the act.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4938 of the Business and Professions Code is amended to read:4938. (a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:(1) Is at least 18 years of age.(2) Furnishes satisfactory evidence of completion of one of the following:(A) (i) An approved educational and training program.(ii) If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.(3) Obtains a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to this act.(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. 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. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.(b) 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.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 4938 of the Business and Professions Code is amended to read:4938. (a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:(1) Is at least 18 years of age.(2) Furnishes satisfactory evidence of completion of one of the following:(A) (i) An approved educational and training program.(ii) If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.(3) Obtains a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to this act.(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. 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. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.(b) 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.

SECTION 1. Section 4938 of the Business and Professions Code is amended to read:

### SECTION 1.

4938. (a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:(1) Is at least 18 years of age.(2) Furnishes satisfactory evidence of completion of one of the following:(A) (i) An approved educational and training program.(ii) If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.(3) Obtains a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to this act.(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. 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. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.(b) 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. (a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:(1) Is at least 18 years of age.(2) Furnishes satisfactory evidence of completion of one of the following:(A) (i) An approved educational and training program.(ii) If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.(3) Obtains a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to this act.(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. 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. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.(b) 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. (a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:(1) Is at least 18 years of age.(2) Furnishes satisfactory evidence of completion of one of the following:(A) (i) An approved educational and training program.(ii) If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.(3) Obtains a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to this act.(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. 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. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.(b) 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. (a) The board shall issue a license to practice acupuncture to any person who makes an application and meets the following requirements:

(1) Is at least 18 years of age.

(2) Furnishes satisfactory evidence of completion of one of the following:

(A) (i) An approved educational and training program.

(ii) If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Oriental Medicine, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.

(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.

(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.

(3)Passes a written examination administered by the board that tests the applicants ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.



(3) Obtains a passing score on one or more examinations administered by the National Certification Commission for Acupuncture and Oriental Medicine, as determined by the board based on the skills, standards, and knowledge required for licensure pursuant to this act.

(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).

(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. 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. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.

(b) 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.