CHAPTER 12. Acupuncture [4925. - 4979.]

Chapter 12 repealed (in Sec. 11) and added by Stats. 1980, Ch. 1313, Sec. 11.5.

§§ 4925–4979 · 55 sections

1. ARTICLE 1. Administration and General Provisions §§ 4925–4934.2 · 15 sections

   • § 4925 (a) This chapter constitutes the chapter on acupuncture of the Business and Professions Code. This chapter shall be known and may be cited as the Acupuncture…
   • § 4926 In its concern with the need to eliminate the fundamental causes of illness, not simply to remove symptoms, and with the need to treat the whole person, the…
   • § 4927 As used in this chapter, unless the context otherwise requires: (a) “Board” means the Acupuncture Board. (b) “Person” means any individual, organization, or…
   • § 4927.5 (a) For purposes of this chapter, “approved educational and training program” means a school or college offering education and training in the practice of an…
   • § 4928 (a) The Acupuncture Board, which consists of seven members, shall enforce and administer this chapter. (b) This section shall remain in effect until January 1,…
   • § 4928.1 Notwithstanding any other law, the repeal of Section 4928 renders the board subject to review by the appropriate policy committees of the Legislature.
   • § 4928.2 Protection of the public shall be the highest priority for the Acupuncture Board in exercising its licensing, regulatory, and disciplinary functions. Whenever…
   • § 4929 Three members of the board shall be acupuncturists with at least five years of experience in acupuncture and four members shall be public members who do not…
   • § 4930 Each member of the board shall be appointed for a term of four years.
   • § 4931 Each member of the board shall receive per diem and expenses as provided in Section 103.
   • § 4933 (a) The board shall administer this chapter. (b) The board may adopt, amend, or repeal, in accordance with the Administrative Procedure Act (Chapter 3.5…
   • § 4933.5 The board, by and with the approval of the director, may employ personnel necessary for the administration of this chapter.
   • § 4934 (a) The board, by and with the approval of the director, may appoint an executive officer who is exempt from the State Civil Service Act (Part 2 (commencing…
   • § 4934.1 (a) The Legislature requests the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy to conduct a comprehensive…
   • § 4934.2 The board shall conduct the following studies and reviews, and shall report its findings and recommendations to the department and the Joint Committee on…
2. ARTICLE 2. Certification Requirements §§ 4935–4949 · 12 sections

   • § 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…
   • § 4936 (a) It is unprofessional conduct for an acupuncturist to use the title “Doctor” or the abbreviation “Dr.” in connection with the practice of acupuncture unless…
   • § 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,…
   • § 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…
   • § 4939 (a) For purposes of this chapter, “approved credential evaluation service” means an agency or organization that is approved by the board to evaluate education…
   • § 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…
   • § 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…
   • § 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…
   • § 4945 (a) The board shall establish standards for continuing education for acupuncturists. (b) The board shall require each acupuncturist to complete 50 hours of…
   • § 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…
   • § 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…
3. ARTICLE 4. Enforcement §§ 4955–4964 · 13 sections

   • § 4955 The board may deny, suspend, or revoke, or impose probationary conditions upon, the license of any acupuncturist who is guilty of unprofessional conduct.…
   • § 4955.1 The board may deny, suspend, revoke, or impose probationary conditions upon the license of any acupuncturist if he or she is guilty of committing a fraudulent…
   • § 4955.2 The board may deny, suspend, revoke, or impose probationary conditions upon the license of any acupuncturist if he or she is guilty of committing any one of…
   • § 4956 A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge which is substantially related to the qualifications,…
   • § 4959 (a) The board may request the administrative law judge, under his or her proposed decision in resolution of a disciplinary proceeding before the board, to…
   • § 4960 Disciplinary proceedings under this article shall be conducted pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part…
   • § 4960.2 The board in all cases of revocation shall certify the fact of the revocation, under the seal of the board, to the business licensing entity of the cities or…
   • § 4960.5 (a) A person whose license or registration has been revoked, suspended, or surrendered, or who has been placed on probation, may petition the board for…
   • § 4961 (a) (1) Every person who is licensed to practice acupuncture in this state shall register, on forms prescribed by the board that may include an application for…
   • § 4961.1 (a) The board, or its designee, may, upon complaint, inspect any of the following: (1) Any premise in which acupuncture services, as defined in Section 4937,…
   • § 4962 (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that…
   • § 4963 Whenever any person has engaged in an act or practice which constitutes an offense against this chapter, a superior court of a county on application of the…
   • § 4964 The provisions of this article insofar as they are substantially the same as provisions relating to the same subject matter of any previous acupuncture…
4. ARTICLE 5. Renewal §§ 4965–4969 · 4 sections

   • § 4965 (a) Licenses issued pursuant to this chapter shall expire on the last day of the birth month of the licensee during the second year of a two-year term, if not…
   • § 4966 Except as provided in Section 4969, a license that has expired may be renewed at any time within three years after its expiration by filing of an application…
   • § 4967 A person who fails to renew his or her license within three years after its expiration may not renew it, and it may not be restored, reissued, or reinstated…
   • § 4969 (a) A suspended license is subject to expiration and shall be renewed as provided in this article, but the renewal does not entitle the acupuncturist, while…
5. ARTICLE 6. Revenue §§ 4970–4974 · 4 sections

   • § 4970 The amount of fees prescribed for licensed acupuncturists shall be those set forth in this section unless a lower fee is fixed by the board in accordance with…
   • § 4971 (a) The amount of fees prescribed for acupuncture tutorial programs shall be as follows: (1) The application and registration fee to supervise an acupuncture…
   • § 4972 Fees fixed by the board shall be set forth in regulations duly adopted by the board.
   • § 4974 The board shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to…
6. ARTICLE 7. Acupuncture Corporations §§ 4975–4979 · 7 sections

   • § 4975 An acupuncture corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long…
   • § 4976 It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly…
   • § 4977 An acupuncture corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under…
   • § 4977.1 The income of an acupuncture corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in Section…
   • § 4977.2 Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of an acupuncture corporation, except an assistant…
   • § 4978 The name of an acupuncture corporation and any name or names under which it may render professional services shall contain words “acupuncture” or…
   • § 4979 The board may adopt and enforce regulations to carry out the purposes and objectives of this article, including, but not limited to, regulations requiring (a)…