May 1, 2002 - Sacramento - The Joint Legislative Sunset Review Committee, under the direction of Senator Liz Figueroa, reluctantly allows the Acupuncture Board to continue its existence, in spite of the Board's clean record, continued improvements, and renewed dedication to excellence.

Prior to calling a vote on recommendations for the Acupuncture Board, Senator Liz Figueroa, Chair of Joint Legislative Sunset Review Committee, made the following statement about the Board.

"The Acupuncture Board is doing everything to circumvent the authority of the Joint Legislative process. I really am taking this very seriously. I hope they realize how close they came to not being a board.

"I know many of us (Committee members) are very upset about their actions. I hope that they take these recommendations very seriously, especially the issue of having an independent monitor that is going to review their study program, the courses that they are putting forth.

"We want to work with them, and that's why we will continue to have them as a Board, but I hope they realize, and see the Medical Board as an example of when there is some serious problems, how you can come to a conclusion and work together. We have not seen this cooperation.... at all. Nothing, nothing close. And they don't even have anything close to the severity of the problems. So, that's my statement.

"I know many of you (Committee members) feel frustration with this board, and thank you again for your diligence and participation, and hanging in there."

Listen to Senator Figueroa

This statement seems to have been made out of context. According to public documents and statements made by Acupuncture Board staff and members, the Board seemed to have been doing everything in its capacity to assist the Joint Committee, providing a thrity-five page background report to the Committee in November, a fifteen page written response to the "issues" brought up by the Joint Committee, as well as supplemental background documents. The comments indicated that the  emphasis had steered away from issues of protecting and promoting consumers interests, and political agendas were surfacing.

During the 1998 sunset review process, the Joint Committee directed the Board to continue to monitor unlicensed practice of herbal medicine, and to monitor the national exam for possible future use. The Board, in concert with the Office of Examination Resources (OER), evaluated the national exam at that time, and found that it was not up to its standards of rigor. Furthermore, development of the exam was taken out of the hands of the Board and made the sole responsibility of the OER in 1999 by other legislation. Thereafter, the Board was only responsible for continuing to contract out for the adminstration of the exam. With no signs of change in the national exams, and with its oversight of exam development removed, there was little reason to go beyond the "monitoring" that the Joint Committee had recommended.

Other matters that the Board has been addressing, include updating curriculum requirements of approved schools. After four task force meetings in 1999 and 2000, the Board adopted a 3200 hour curriculum, which was held up by bureaucratic delays in the Department of Consumer Affairs. In 2001, the Board withdrew the proposal, and started over, this time developing a new curriculum based upon a review of competencies. The Board established a competencies task force. The task force final report was submitted on April 24, after which the Board had planned to adopt and implement the recommendations.

The Board has additionally been making initial steps to determine whether to use accreditation as a process to reduce its on-site review requirements for new schools, in particular, those from out of state.

There was not a word of praise or acknowledgement of the new Board members' hard work and due diligence.