(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, to hold himself or herself out as practicing or engaging in the practice of acupuncture, or to hold himself or herself out as a certified traditional Chinese medicine traumatologist or use the title of “certified traditional Chinese medicine traumatologist” without meeting the requirements of this chapter.

(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 a certificate for traditional Chinese medicine traumatology, 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,” “traditional Chinese medicine,” or any combination of those words, phrases, or abbreviations of those words or phrases, by representing that he or she is trained, experienced, or an expert in the field of acupuncture, Asian medicine, or Chinese medicine, or by representing that he or she is trained, experienced, or an expert in the field of traditional Chinese medicine traumatology.

(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.

The board may deny, suspend, or revoke, or impose probationary conditions upon, the license of any acupuncturist or the certificate of any traditional Chinese medicine traumatologist if he or she is guilty of unprofessional conduct. As used in this section, “licensee” includes a certified traditional Chinese medicine traumatologist.

Unprofessional conduct shall include, but not be limited to, the following:

(a)Using or possessing any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or dangerous drug or alcoholic beverage to an extent or in a manner dangerous to himself or herself, or to any other person, or to the public, and to an extent that the use impairs his or her ability to engage in the practice of acupuncture or traumatology with safety to the public.

(b)Conviction of a crime substantially related to the qualifications, functions, or duties of an acupuncturist or certified traditional Chinese medicine traumatologist, the record of conviction being conclusive evidence thereof.

(c)False or misleading advertising.

(d)Aiding or abetting in, or violating or conspiring in, directly or indirectly, the violation of the terms of this chapter or any regulation adopted by the board pursuant to this chapter.

(e)Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from licensee to patient, from patient to patient, and from patient to licensee. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, regulations, and guidelines pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. As necessary, the board shall consult with the Medical Board of California, the California Board of Podiatric Medicine, the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians of the State of California, to encourage appropriate consistency in the implementation of this subdivision.

The board shall seek to ensure that licensees are informed of the responsibility of licensees and others to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases.

(f)The use of threats or harassment against any patient or licensee for providing evidence in a disciplinary action, other legal action, or in an investigation contemplating a disciplinary action or other legal action.

(g)Discharging an employee primarily for attempting to comply with the terms of this chapter.

(h)Disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties of an acupuncturist, certified traditional Chinese medicine traumatologist, or any professional health care licensee.

(i)Any action or conduct that would have warranted the denial of the acupuncture license or the traumatology certificate.

(j)The violation of any law or local ordinance on a licensee’s business premises by a licensee’s employee or a person who is working under the licensee’s professional license or business permit, that is substantially related to the qualifications, functions, or duties of the licensee. These violations shall subject the licensee who employed the individuals, or under whose acupuncturist license or traumatology certificate the employee is working, to disciplinary action.

(k)The abandonment of a patient by the licensee without written notice to the patient that treatment is to be discontinued and before the patient has had a reasonable opportunity to secure the services of another practitioner.

(l)The failure to notify the board of the use of any false, assumed, or fictitious name other than the name under which he or she is licensed as an individual to practice acupuncture or as an individual certified in traditional Chinese medicine traumatology.

The board may deny, suspend, revoke, or impose probationary conditions upon the license of any acupuncturist or certificate of any certified traditional Chinese medicine traumatologist if he or she is guilty of committing a fraudulent act, including, but not limited to, the following:

(a)Securing a license by fraud or deceit.

(b)Committing a fraudulent or dishonest act as an acupuncturist or certified traditional Chinese medicine traumatologist.

(c)Committing any act involving dishonesty or corruption with respect to the qualifications, functions, or duties of an acupuncturist or certified traditional Chinese medicine traumatologist.

(d)Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record.

(e)Failing to maintain adequate and accurate records relating to the provision of services to his or her patients.

The board may deny, suspend, revoke, or impose probationary conditions upon the license of any acupuncturist or certified traditional Chinese medicine traumatologist if he or she is guilty of committing any one of the following:

(a)Gross negligence.

(b)Repeated negligent acts.

(c)Incompetence.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge that is substantially related to the qualifications, functions, or duties of an acupuncturist or certified traditional Chinese medicine traumatologist is deemed to be a conviction within the meaning of this chapter.

The board may order a license or certificate suspended or revoked, or may deny a license or certificate, or may impose probationary conditions upon a license or certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her pleas of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment.

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 counties in which the license of the acupuncturist or the certificate of the traditional Chinese medicine traumatologist has been revoked. The record of the revocation made by the county or city clerk shall be sufficient evidence of the revocation, and of the regularity of all proceedings of the board in the matter of the revocation.

(a)Every person who is now or hereafter licensed to practice acupuncture or certified to practice traditional Chinese medicine traumatology in this state shall register, on forms prescribed by the board, his or her place of practice, or, if he or she has more than one place of practice, all of the places of practice. If the licensee or certificate holder has no place of practice, he or she shall notify the board of that fact. A person licensed or certified by the board shall register within 30 days after the date of his or her licensure or certification.

(b)A licensee or certificate holder shall post his or her license or certificate in a conspicuous location in his or her place of practice at all times. If an acupuncturist or certified traditional Chinese medicine traumatologist has more than one place of practice, he or she shall obtain from the board a duplicate license or certificate for each additional location and post the duplicate license or certificate at each location.

(c)Any licensee or certificate holder that changes the location of his or her place of practice shall register each change within 30 days of making that change. If a licensee or certificate holder 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 or certification. An applicant for renewal of licensure or certification shall specify in his or her application whether or not there has been a change in the location of his or her place of practice and, if so, the date of that change. The board may accept that statement as evidence of the change of address.

The provisions of this article apply to both licensed acupuncturists and certified traditional Chinese medicine traumatologists.

(a)(1)A license to practice acupuncture 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 renewed.

(2)The board shall establish and administer a birth date renewal program for purposes of this subdivision.

(3)To renew an unexpired license, the holder shall apply for renewal on a form provided by the board and pay the renewal fee fixed by the board.

(b)A certificate for traditional Chinese medicine traumatology issued pursuant to this chapter shall expire five years after the date of issuance, if not renewed. To renew an unexpired certificate, the holder shall apply for renewal on a form provided by the board and pay the renewal fee set forth in Section 4950.3.

(a)Except as provided in Section 4969, a license to practice acupuncture that has expired may be renewed at any time within three years after its expiration by filing an application for renewal on a form provided by the board, paying all accrued and unpaid renewal fees, and providing proof of completing continuing education requirements. If the license is not renewed prior to its expiration, the acupuncturist, as a condition precedent to renewal, shall also pay the prescribed delinquency fee.

(b)Except as provided in Section 4969, a certificate for traditional Chinese medicine traumatology that has expired may be renewed at any time within three years after its expiration by filing an application for renewal on a form provided by the board, and paying all accrued and unpaid renewal fees. If the certificate is not renewed prior to its expiration, the traditional Chinese medicine traumatologist, as a condition precedent to renewal, shall also pay a delinquency fee, set in accordance with Section 163.5.

(c)Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date the delinquency fee is paid, whichever occurs last. If so renewed, the license or certificate shall continue in effect through the expiration date provided in Section 4965, after the effective date of the renewal, when it shall expire and become invalid if it is not again renewed.

A person who fails to renew his or her license or certificate within three years after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new license or certificate if he or she meets all of the following requirements:

(a)Has not committed any acts or crimes constituting grounds for denial of licensure or certification under Division 1.5 (commencing with Section 475).

(b)If an acupuncturist takes and passes the examination, if any, which would be required of him or her if an initial application for licensure was being made, or, if an acupuncturist or certified traditional Chinese medicine traumatologist otherwise establishes to the satisfaction of the board that, with due regard for the public interest, he or she is qualified to practice as an acupuncturist or certified traditional Chinese medicine traumatologist.

(c)Pays all of the fees that would be required if an initial application for licensure or certification was being made.

(d)The board may provide for the waiver or refund of all or any part of an examination fee in those cases in which a license to practice acupuncture is issued without an examination pursuant to this section.

(a)A suspended license or certificate is subject to expiration and shall be renewed as provided in this article, but the renewal does not entitle the acupuncturist or certified traditional Chinese medicine traumatologist, while the license or certificate remains suspended, and until it is reinstated, to engage in the practice of acupuncture or traditional Chinese medicine traumatology, or in any other activity or conduct in violation of the order or judgment by which the license or certificate was suspended.

(b)A revoked license or certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the former licensee or certificate holder, as a condition to reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the license or certificate was reinstated, plus the delinquency fee, if any, accrued at the time of its expiration.