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AB-779 Acupuncture: place of practice: wall license.(2019-2020)

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Date Published: 06/05/2019 09:00 PM
AB779:v96#DOCUMENT

Amended  IN  Senate  June 05, 2019
Amended  IN  Assembly  April 25, 2019
Amended  IN  Assembly  April 22, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 779


Introduced by Assembly Member Low

February 19, 2019


An act to amend amend, repeal, and add Sections 4961 and 4970 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 779, as amended, Low. Acupuncture: place of practice: wall license.
Existing law, the Acupuncture Licensure Act, provides for the licensure and regulation of the practice of acupuncture by the Acupuncture Board. Existing law requires a licensee, within 30 days of licensure, to register each of the licensee’s places of practice or notify the board if the licensee does not have a place of practice. Existing law requires an acupuncturist to post a wall license at their place of practice and, if the acupuncturist has more than one place of practice, to obtain and post a duplicate wall license at each place of practice.
This bill would require a licensee to apply to the board to obtain a wall license for each place of practice and to renew each wall license biennially. The bill would require a licensee to carry a pocket license during treatments outside of the licensee’s place of practice and to make the pocket license available upon request. The bill would require a licensee to return a former wall license to the board if the licensee obtains a new wall license for a location. The bill would specify that an acupuncturist shall be responsible for the services rendered pursuant to the acupuncturist’s license at each of licensee’s places of practice and ensuring that each place of practice is in compliance with standards of practice. The bill would revise specified fees associated with acupuncture practice, including specifying that an initial license fee shall include one wall license registration if a place of practice is specified in the application, and establish a wall license renewal fee, a wall license replacement fee, and a pocket license replacement fee. The bill would make these provisions operative on January 1, 2021.

Existing law, the Acupuncture Licensure Act, establishes the Acupuncture Board to administer and enforce the act. Under existing law, an acupuncturist’s license authorizes the holder to, among other things, engage in the practice of acupuncture and perform Asian massage. Existing law requires a person licensed to practice acupuncture in this state to register the licensee’s place of practice, as specified. Existing law requires a licensee who has no place of practice to notify the board. Existing law requires a licensee that changes the location of the licensee’s place of practice to register the change within 30 days of making that change and authorizes the board to deny the renewal of licensure if a licensee fails to register that change. Existing law requires a licensee to post a wall license at each location maintained by the licensee.

This bill would instead require a licensee to apply to the board to obtain a wall license, as defined, for each place of practice, as defined, maintained by the licensee. The bill would apply the posting requirement to each place of practice. The bill would exempt a licensee who performs acupuncture treatments at a patient’s residence from the wall license posting requirement. The bill would require a licensee practicing acupuncture at any location to provide a prescribed notice to each patient. The bill would require a licensee to renew a wall license biennially. The bill would set fees for a wall license, a duplicate wall license, and wall license renewal. The bill would provide that a licensee assumes legal responsibility and liability for the acupuncture and Asian massage services rendered in each place of practice maintained by the acupuncturist. The bill would also make other nonsubstantive changes.

Existing law establishes amounts for other specific fees prescribed for licensed acupuncturists, including a $10 duplicate renewal receipt fee.

This bill would instead impose that fee on a duplicate renewal pocket license.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4961 of the Business and Professions Code is amended to read:

4961.
 (a) Every person who is now or hereafter licensed to practice acupuncture in this state shall register, on forms prescribed by the Acupuncture Board, the licensee’s place of practice, or, if the licensee has more than one place of practice, all of the places of practice. If the licensee has no place of practice, the licensee shall notify the board of that fact. A person licensed by the board shall register within 30 days after the date of his or her licensure.
(b) An acupuncturist licensee shall post his or her the wall license in a conspicuous location in his or her the acupuncturist’s place of practice at all times. If an acupuncturist licensee has more than one place of practice, he or she the licensee shall obtain from the board a duplicate wall license for each additional location and post the duplicate wall license at each location.
(c) Any licensee that changes the location of his or her their place of practice shall register each change within 30 days of making that change. In the event a licensee fails to notify the board of any change in the address of a place of practice within the time prescribed by this section, the board may deny renewal of licensure. An applicant for renewal of licensure shall specify in the application whether or not there has been a change in the location of the licensee’s place of practice and, if so, the date of that change. The board may accept that statement as evidence of the change of address.
(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.

 Section 4961 is added to the Business and Professions Code, to read:

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 an initial license or for renewal of a license, each place of practice and apply to the board to obtain a wall license for each place of practice.
(2) A wall license shall be renewed biennially, coinciding with the license renewal date. A licensee with a wall license issued before January 1, 2021, shall not be required to apply for a new wall license until the licensee’s next license renewal date.
(3) If the licensee has no place of practice, the licensee shall notify the board of that fact on a form prescribed by the board. A wall license is not required to be posted when a licensee performs acupuncture treatments outside of the licensee’s place of practice. However, the licensee shall carry a pocket license during treatments outside of the licensee’s place of practice and make the pocket license available upon request.
(4) A licensee shall register each place of practice within 30 days after the date of the licensee being licensed by the board or the establishment of a new place of practice, whichever occurs first.
(b) (1) An acupuncturist licensee shall post a wall license issued by the board to the licensee in a conspicuous location in each place of practice at all times.
(2) If an acupuncturist licensee has more than one place of practice, the licensee shall obtain from the board a separate wall license for each additional location and post the assigned wall license at each location.
(c) A licensed acupuncturist shall not display any acupuncture wall license that is not currently active and valid.
(d) (1) If a licensee changes the location of a place of practice, the licensee shall apply for the change of location within 30 days of changing the licensee’s place of practice on forms prescribed by the board.
(2) If a licensee fails to apply for a new wall license with the board due to a change of location within the time prescribed by this subdivision, the board may deny renewal of the license.
(e) (1) A wall license is nontransferable.
(2) Any change to the registered location in connection with the wall license, such as moving, requires a new wall license, and the former wall license shall be returned to the board with a request for cancellation.
(3) The licensee shall apply to the board to obtain a new wall license using the forms prescribed by the board for the new wall license or change of location.
(f) (1) An acupuncturist shall be responsible for the acupuncture, Asian massage services, or any other practice specified under Section 4937 rendered pursuant to the license of the acupuncturist in each place of practice maintained by the acupuncturist.
(2) An acupuncturist maintaining more than one place of practice shall ensure that each place of practice is in compliance with the standards of practice requirements of this chapter.
(g) As used in this section:
(1) “Place of practice” means an acupuncture office where any act of acupuncture is practiced and includes a place of practice in which the applicant holds a proprietary interest of any nature whatsoever or in which the licensee holds any right to participate in the management or control thereof.
(2) “Wall license” means an official document that is issued by the board upon application for a place of practice and has a unique identification number that is specific to the location provided by the licensee in the application.
(h) This section shall become operative on January 1, 2021.

SEC. 3.

 Section 4970 of the Business and Professions Code is amended to read:

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 Section 4972:
(a) The application fee shall be seventy-five dollars ($75).
(b) The examination and reexamination fees shall be the actual cost to the Acupuncture Board for the development and writing of, grading, and administering of each examination.
(c) The initial license fee shall be three hundred twenty-five dollars ($325), except that if the license will expire less than one year after its issuance, then the initial license fee shall be an amount equal to 50 percent of the initial license fee.
(d) The renewal fee shall be three hundred twenty-five dollars ($325) and in the event a lower fee is fixed by the board, shall be an amount sufficient to support the functions of the board in the administration of this chapter. The renewal fee shall be assessed on an annual basis until January 1, 1996, and on and after that date the board shall assess the renewal fee biennially.
(e) The delinquency fee shall be set in accordance with Section 163.5.
(f) The application fee for the approval of a school or college under Section 4939 shall be three thousand dollars ($3,000). This subdivision shall become inoperative on January 1, 2017.
(g) The duplicate wall license fee is an amount equal to the cost to the board for the issuance of the duplicate license.
(h) The duplicate renewal receipt fee is ten dollars ($10).
(i) The endorsement fee is ten dollars ($10).
(j) The fee for a duplicate license for an additional office location as required under Section 4961 shall be fifteen dollars ($15).
(k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 4.

 Section 4970 is added to the Business and Professions Code, to read:

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 Section 4972:
(a) The application fee shall be seventy-five dollars ($75).
(b) The examination and reexamination fees shall be the actual cost to the board for the development and writing of, grading, and administering of each examination.
(c) The initial license fee shall be three hundred twenty-five dollars ($325), except that if the license will expire less than one year after its issuance, then the initial license fee shall be an amount equal to 50 percent of the initial license fee. The initial license fee shall include one wall license registration if a place of practice is specified in the application.
(d) The renewal fee shall be three hundred twenty-five dollars ($325) and, if a lower fee is fixed by the board, shall be an amount sufficient to support the functions of the board in the administration of this chapter. The board shall assess the renewal fee biennially.
(e) The delinquency fee shall be set in accordance with Section 163.5.
(f) The wall license fee shall be fifteen dollars ($15).
(g) The wall license renewal fee shall be fifteen dollars ($15).
(h) If a pocket license is lost or destroyed, the pocket license replacement fee is ten dollars ($10).
(i) The endorsement fee is ten dollars ($10).
(j) If a wall license is lost or destroyed, the wall license replacement fee is fifteen dollars ($15).
(k) This section shall become operative on January 1, 2021.

SECTION 1.Section 4961 of the Business and Professions Code is amended to read:
4961.

(a)(1)Every person who is licensed to practice acupuncture in this state shall register, on forms prescribed by board, which may include an application for an initial license or for renewal of a license, each place of practice and apply to the board to obtain a wall license for each place of practice.

(2)A wall license shall be renewed biennially, coinciding with the license renewal date. A licensee with a wall license issued before January 1, 2020, shall not be required to apply for a new wall license until the licensee’s next license renewal date.

(3)If the licensee has no place of practice, the licensee shall notify the board of that fact on a form prescribed by the board. A wall license is not required to be posted when a licensee performs acupuncture treatments at a patient’s residence.

(4)A licensee practicing acupuncture at any location shall provide a notice to each patient that the acupuncturist is licensed and regulated by the board and shall include, at a minimum, the licensee’s license number and the contact information for the board, including the board’s phone number and mailing address.

(5)A licensee shall register each place of practice within 30 days after the date of the licensee being licensed by the board or the establishment of a new place of practice, whichever occurs first.

(b)(1)An acupuncturist licensee shall post a wall license issued by the board to the licensee in a conspicuous location in each place of practice at all times.

(2)In accordance with subdivision (f) of Section 119, a licensee shall not produce photocopies or any other self-reproduced versions of a license.

(3)If an acupuncturist licensee has more than one place of practice, the licensee shall obtain from the board a separate wall license for each additional location and post the place of practice certificate at each location.

(c)A licensed acupuncturist shall not display any acupuncture wall license that is not currently active and valid.

(d)(1)If a licensee changes the location of a place of practice, the licensee shall apply for the change of location within 30 days of changing the licensee’s place of practice on forms prescribed by the board.

(2)If a licensee fails to apply for a new wall license due to a change of location with the board within the time prescribed by this subdivision, the board may deny renewal of the license.

(e)(1)A wall license is nontransferable.

(2)Any change to the registered location in connection with the wall license, such as moving, requires a new wall license and the former wall license shall be returned to the board with a request for cancellation.

(3)The licensee shall apply to the board to obtain a new wall license using the forms prescribed by the board for the new wall license or change of location.

(f)(1)In addition to any existing legal responsibility or liability, an acupuncturist maintaining more than one place of practice shall assume legal responsibility and liability for the acupuncture and Asian massage services rendered in each of the places of practice maintained by the acupuncturist.

(2)An acupuncturist maintaining more than one place of practice shall ensure that each place of practice is in compliance with the standards of practice requirements of this chapter.

(g)As used in this section:

(1)“Place of practice” means an acupuncture office where any act of acupuncture is practiced and includes a place of practice in which the applicant holds a proprietary interest of any nature whatsoever or in which the licensee holds any right to participate in the management or control thereof.

(2)“Wall license” means an official document that is issued by the board upon application for a place of practice and has a unique identification number that is specific to the location provided by the licensee in the application.

SEC. 2.Section 4970 of the Business and Professions Code is amended to read:
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 Section 4972:

(a)The application fee shall be seventy-five dollars ($75).

(b)The examination and reexamination fees shall be the actual cost to the board for the development and writing of, grading, and administering of each examination.

(c)The initial license fee shall be three hundred twenty-five dollars ($325), except that if the license will expire less than one year after its issuance, then the initial license fee shall be an amount equal to 50 percent of the initial license fee.

(d)The renewal fee shall be three hundred twenty-five dollars ($325) and if a lower fee is fixed by the board, shall be an amount sufficient to support the functions of the board in the administration of this chapter. The board shall assess the renewal fee biennially.

(e)The delinquency fee shall be set in accordance with Section 163.5.

(f)The wall license fee shall be fifteen dollars ($15). There shall be no fee if the application for a place of practice is made at the time of initial license.

(g)The duplicate renewal pocket license fee is ten dollars ($10).

(h)The endorsement fee is ten dollars ($10).

(i)The duplicate wall license fee as required under Section 4961 shall be fifteen dollars ($15).

(j)The wall license renewal fee shall be fifteen dollars ($15).