Acupuncture Licensure Act: Acupuncture Board.

Existing law establishes the Acupuncture Board, which consists of 7 members, to administer and enforce laws in the Acupuncture Licensure Act until January 1, 2019. The Acupuncture Licensure Act authorizes the board, until January 1, 2019, to appoint an executive officer. Existing law specifies that, for purposes of the act, an "approved educational and training program" is a school or college that meets specified conditions and requirements, including, among others, being granted candidacy status by the Accreditation Commission for Acupuncture and Oriental Medicine, as provided. This bill would extend the operation of the board and the authority to appoint an executive officer to January 1, 2023. The bill would require an approved educational and training program to be granted preaccreditation status, rather than candidacy status, by the Accreditation Commission for Acupuncture and Oriental Medicine. Existing law makes it a misdemeanor for a person who does not hold a current and valid acupuncturist's license to hold himself or herself out as practicing or engaging in the practice of acupuncture and describes what constitutes a person holding himself or herself out as engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, or an expert in the field of acupuncture, Asian medicine, or Chinese medicine. This bill would instead make it a misdemeanor for a person who does not hold a current and valid acupuncturist's license to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture and would describe what constitutes advertising or representing that a person is practicing or engaging in the practice of acupuncture to include, among other things, representing that the person is trained, experienced, an expert, or otherwise qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program. Existing law provides that unprofessional conduct includes the knowing failure to protect patients by failing to follow infection control guidelines, as specified, and requires the board to consult, as necessary, with the Medical Board of California and certain other healing arts boards to encourage appropriate consistency in implementing that provision. This bill would instead require the board to consult, as necessary, with any healing arts board, as specified. The bill would make other technical changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.