2005 California Business and Professions Code Sections 4935-4949 Article 2. Certification Requirements

4935.  (a) (1) It is a misdemeanor, punishable by a fine of not less
than one hundred dollars ($100) and not more than two thousand five
hundred dollars ($2,500), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment, for any
person who does not hold a current and valid license to practice
acupuncture under this chapter or to hold himself or herself out as
practicing or engaging in the practice of acupuncture.
   (2) It is a misdemeanor, punishable by a fine of not less than one
hundred dollars ($100) and not more than two thousand five hundred
dollars ($2,500), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment, for any person to
fraudulently buy, sell, or obtain a license to practice acupuncture,
or to violate the provisions of this chapter.
   (b) Notwithstanding any other provision of law, any person, other
than a physician and surgeon, a dentist, or a podiatrist, who is not
licensed under this article but is licensed under Division 2
(commencing with Section 500), who practices acupuncture involving
the application of a needle to the human body, performs any
acupuncture technique or method involving the application of a needle
to the human body, or directs, manages, or supervises another person
in performing acupuncture involving the application of a needle to
the human body is guilty of a misdemeanor.
   (c) 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," "Asian medicine,"
"oriental medicine," or any combination of those words, phrases, or
abbreviations of those words or phrases, or by representing that he
or she is trained, experienced, or an expert in the field of
acupuncture, Asian medicine, or Chinese medicine.
   (d) Subdivision (a) shall not prohibit a person from administering
acupuncture treatment as part of his or her educational training if
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 board
and participating in a postgraduate review course that does not
exceed one year in duration at a school approved by the board.
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 Asian massage, acupressure,
breathing techniques, exercise, heat, cold, magnets, nutrition,
diet, herbs, plant, animal, and mineral products, and dietary
supplements to promote, maintain, and restore 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 any modality listed in this
subdivision.
   (c) For purposes of this section, a "magnet" means a mineral or
metal that produces a magnetic field without the application of an
electric current.
   (d) For purposes of this section, "plant, animal, and mineral
products" means naturally occurring substances of plant, animal, or
mineral origin, except that it does not include synthetic compounds,
controlled substances or dangerous drugs as defined in Sections 4021
and 4022, or a controlled substance listed in Chapter 2 (commencing
with Section 11053) of Division 10 of the Health and Safety Code.
   (e) For purposes of this section, "dietary supplement" has the
same meaning as defined in subsection (ff) of Section 321 of Title 21
of the United States Code, except that dietary supplement does not
include controlled substances or dangerous drugs as defined in
Section 4021 or 4022, or a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code.
4938.  The board 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 board
pursuant to Section 4939.
   (2) Satisfactory completion of a tutorial program in the practice
of an acupuncturist which is approved by the board.
   (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 a written examination administered by the board that
tests the applicant's ability, competency, and knowledge in the
practice of an acupuncturist.  The written examination shall be
developed by the Office of Examination Resources of the Department of
Consumer Affairs.
   (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 board.  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 board 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.
4939.  (a) On or before January 1, 2004, the board 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) Standards for the approval of training programs shall include
a minimum of 3,000 hours of study in curriculum pertaining to the
practice of an acupuncturist. This subdivision shall apply to all
students entering programs on or after January 1, 2005.
   (c) Within three years of initial approval by the board, each
program so approved by the board shall receive full institutional
approval under Article 3.5 (commencing with Section 94760) of Chapter
7 of Part 59 of the Education Code in the field of traditional Asian
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 3.5 (commencing with
Section 94760) of Chapter 7 of Part 59 of the Education Code, or the
board's approval of the program shall automatically lapse.
4940.  (a) The board shall establish standards for the approval of
tutorial programs for education and training in the practice of
acupuncture, that satisfy the requirements of Section 4938.  The
board shall also establish standards for the approved supervising
acupuncturists.
   (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 board.
   (3) Files with the board the name of each trainee to be trained or
employed and a training program satisfactory to the board.
   (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 board 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.
4941.  In reviewing applications for licensure based upon the
completion of a tutorial program in acupuncture, the board may
provide that credit is granted for relevant prior training and
experience when that training or experience otherwise meets the
standards set by the board.
4944.  (a) The board shall have the authority to investigate and
evaluate each and every applicant applying for a license to practice
acupuncture and to make the final determination of the admission of
the applicant to the examination, or for the issuance of a license,
in conformance with the provisions of this chapter.
   (b) The board 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 board may delegate to the executive officer or other
official of the board its authority under this section in routine
matters.
4945.  (a) The committee shall establish standards for continuing
education for acupuncturists.
   (b) The committee shall require each acupuncturist to complete 15
hours of continuing education every year 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 following 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 requirement 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 remain in effect only until January 1,
1996, and shall have no force or effect on or after that date, unless
a later enacted statute, which is enacted before January 1, 1996,
deletes or extends that date.
4945.  (a) The board shall establish standards for continuing
education for acupuncturists.
   (b) The board shall require each acupuncturist to complete 50
hours of continuing education every two years as a condition for
renewal of his or her license. No more than five hours of continuing
education in each two-year period may be spent on issues unrelated to
clinical matters or the actual provision of health care to patients.
A provider of continuing education shall apply to the board for
approval to offer continuing education courses for credit toward this
requirement on a form developed by the board, shall pay a fee
covering the cost of approval and for the monitoring of the provider
by the board 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 board.
   (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
board as determined by the board.
   (e) If the board 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 following 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 requirement 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 board.
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 board 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.
4948.  The provisions of this chapter shall not be construed to make
unlawful the activities of persons involved in research pursuant to
Section 2075.
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.