| Today, the newly re-constituted California Acupuncture Board (CAB) adopted "emergency" regulations to define "primary health care profession," which is part of the "Legislative Intent" language of the Acupuncture Licensing Act, section 4926. These regulations were brought forth under the watchful eye of Senator Liz Figueroa, Chair of the Joint Legislative Committee on Boards, Commissions, and Consumer Protection (JLCBCCP), which provides legislative oversight for boards and commissions. Senator Figueroa has had the CAB in her sights, threatening to amend her legislation (SB 233) to sunset the board if they do not cooperate. While under no legal obligation to follow private instructions from a legislative committee, the CAB saw this as an opportunity to smooth things over with the Senator, an inexplicable and outspoken critic of the CAB. |
| The intent language was originally designed and used to strengthen acupuncturists' scope of practice, while additional language in the legislation expanded the scope of practice. That language has not been further enhanced, primarily because Legislative efforts to define it have been overpowered by the opposition of the California Medical Association, which is intent on limiting the scope of practice of competiing health care professions. |
| Because the regulatory proposal language was amended during the meeting, the following may not be the exact final language, but it is very close. |
| So, here is what the CAB adopted |
| Amend Section 1399.403 to read: |
| 1399.403. Definitions. |
| (c) The phrase "primary health care profession," as used in section 4926 of the Code, shall mean a profession which, without having to first obtain a referral from a physician, can diagnose a patient for the purpose of providing and initiating treatment as prescribed by the Acupuncture Act. |
| The language appears to reduce acupuncturists current ability to refer and coordinate care with other health care professions and specialties. If so, or if the language is determined to be unreasonable or impracticable in any other fashion, then CAOMA will oppose the language and make propose amendments. |