reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 1 - Administration and General Provisions › Section 4934.1.

4934.1. (a) The Legislature requests the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy to conduct a comprehensive analysis consisting of the following reviews and evaluations and shall report their findings and recommendations to the Legislature by September 1, 2004:
(1) Review and make recommendations on the scope of practice for acupuncturists.
(2) Review and make recommendations on the educational requirements for acupuncturists.
(3) Evaluate the national examination, administered by the National Certification Commission for Acupuncture and Oriental Medicine, and make recommendations as to whether or not the national examination should be offered in California in lieu of, or as part of, the state examination.
(4) Evaluate and make recommendations on the approval process of the Accreditation Commission of Acupuncture and Oriental Medicine, the approval process of the Bureau for Private Postsecondary Education, and the board’s approval process.
(b) The board shall pay for all of the costs associated with the comprehensive analysis. An amount to pay for all of the costs associated with the comprehensive analysis, up to two hundred fifty thousand dollars ($250,000), is hereby appropriated to the board from the Acupuncture Fund.
(Added by Stats. 2002, Ch. 714, Sec. 5. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 1 - Administration and General Provisions › Section 4934.2.

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 Boards, Commissions, and Consumer Protection no later that September 1, 2004:
(a) The board shall conduct a comprehensive study of the use of unlicensed acupuncture assistants and the need to license and regulate those assistants.
(b) The board shall study and recommend ways to improve the frequency and consistency of their auditing and the quality and relevance of their courses.
(Amended by Stats. 2004, Ch. 33, Sec. 20. Effective April 13, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4935.

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 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 or to advertise or otherwise represent that he or she is practicing or engaging in the practice of acupuncture.
(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 to violate the provisions of this chapter.
(b) Notwithstanding any other 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 advertises or otherwise represents that he or she is practicing or 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,” or any combination of those words, phrases, or abbreviations of those words or phrases, or by representing that he or she is trained, experienced, an expert, or otherwise qualified to practice in the field of acupuncture, Asian medicine, oriental medicine, or any other complementary or integrative medicine that involves acupuncture and is associated with an Asian subgroup, including Chinese medicine, Japanese medicine, or Korean medicine.
(d) Subdivision (a) shall not prohibit a person from administering acupuncture treatment as part of his or her educational training if the person is either of the following:
(1) Engaged in a course or tutorial program in acupuncture, as provided in this chapter.
(2) A graduate of an approved educational and training program and participating in a postgraduate review course that does not exceed one year in duration at an approved educational and training program.
(Amended by Stats. 2018, Ch. 596, Sec. 4. (AB 3142) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4936.

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 he or she possesses a license that authorizes the use or possesses an earned doctorate degree from an accredited, approved, or authorized educational institution as set forth under Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code, which is in acupuncture, oriental medicine, a biological science, or is otherwise related to the authorized practice of an acupuncturist as set forth in Sections 4927 and 4937.
(b) The use of the title “Doctor” or the abbreviation “Dr.” by an acupuncturist as authorized in subdivision (a) without further indicating the type of license or degree which authorizes that use shall constitute unprofessional conduct.
(Added by Stats. 2012, Ch. 326, Sec. 1. (SB 628) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4937.

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, acupressure, breathing techniques, exercise, heat, cold, magnets, nutrition, diet, herbs, plant, animal, and mineral products, and dietary supplements to promote, maintain, and restore health. Nothing in this section prohibits any person who does not possess an acupuncturist’s license or another license as a healing arts practitioner from performing, or prescribing the use of any modality listed in this subdivision.
(c) For purposes of this section, a “magnet” means a mineral or metal that produces a magnetic field without the application of an electric current.
(d) For purposes of this section, “plant, animal, and mineral products” means naturally occurring substances of plant, animal, or mineral origin, except that it does not include synthetic compounds, controlled substances or dangerous drugs as defined in Sections 4021 and 4022, or a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
(e) For purposes of this section, “dietary supplement” has the same meaning as defined in subsection (ff) of Section 321 of Title 21 of the United States Code, except that dietary supplement does not include controlled substances or dangerous drugs as defined in Section 4021 or 4022, or a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
(Amended by Stats. 2005, Ch. 649, Sec. 6. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4938.

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 years of age.
(2) Furnishes satisfactory evidence of completion of one of the following:
(A) (i) An approved educational and training program.
(ii) If an applicant began an educational and training program at a school or college that submitted a letter of intent to pursue accreditation to, or attained candidacy status from, the Accreditation Commission for Acupuncture and Herbal Medicine, or its successor entity, but the commission subsequently denied the school or college candidacy status or accreditation, respectively, the board may review and evaluate the educational training and clinical experience to determine whether to waive the requirements set forth in this subdivision with respect to that applicant.
(B) Satisfactory completion of a tutorial program in the practice of an acupuncturist that is approved by the board.
(C) In the case of an applicant who has completed education and training outside the United States, documented educational training and clinical experience that meets the standards established pursuant to Sections 4939 and 4941.
(3) Passes a written examination administered by the board that tests the applicant’s ability, competency, and knowledge in the practice of an acupuncturist. The written examination shall be developed by the Office of Professional Examination Services of the Department of Consumer Affairs.
(4) Is not subject to denial pursuant to Division 1.5 (commencing with Section 475).
(5) Completes a clinical internship training program approved by the board. The clinical internship training program shall not exceed nine months in duration and shall be located in a clinic in this state that is an approved educational and training program. The length of the clinical internship shall depend upon the grades received in the examination and the clinical training already satisfactorily completed by the individual prior to taking the examination. The purpose of the clinical internship training program shall be to ensure a minimum level of clinical competence.
(b) Each applicant who qualifies for a license shall pay, as a condition precedent to its issuance and in addition to other fees required, the initial licensure fee.
(Amended by Stats. 2023, Ch. 682, Sec. 7. (AB 1264) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4940.

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 requirements of Section 4938. The board shall also establish standards for the approved supervising acupuncturists.
(b) An acupuncturist shall be approved to supervise a trainee, provided the supervisor meets the following conditions:
(1) Is licensed to practice acupuncture in this state and that license is current, valid, and has not been suspended or revoked or otherwise subject to disciplinary action.
(2) Has filed an application with the board.
(3) Files with the board the name of each trainee to be trained or employed and a training program satisfactory to the board.
(4) Does not train or employ more than two acupuncture trainees at any one time.
(5) Has at least 10 years of experience practicing as an acupuncturist and has been licensed in this state for at least five years.
(6) Is found by the board to have the knowledge necessary to educate and train the trainee in the practice of an acupuncturist.
The amendments made to this section at the 1993 portion of the 1993–94 Regular Session of the Legislature shall not affect the approval of any supervising acupuncturist which has been issued prior to the effective date of those amendments.
(Amended by Stats. 1999, Ch. 655, Sec. 64. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4941.

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 relevant prior training and experience when that training or experience otherwise meets the standards set by the board.
(Amended by Stats. 1999, Ch. 655, Sec. 65. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4944.

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 final determination of the admission of the applicant to the examination, or for the issuance of a license, in conformance with the provisions of this chapter.
(b) The board shall investigate and evaluate each school or college applying for approval under Section 4939 and may utilize and contract with consultants to evaluate those training programs. This subdivision shall become inoperative on January 1, 2017.
(c) The board may delegate to the executive officer or other official of the board its authority under this section in routine matters.
(Amended by Stats. 2014, Ch. 397, Sec. 10. (SB 1246) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4945.

4945. (a) The board shall establish standards for continuing education for acupuncturists.
(b) The board shall require each acupuncturist to complete 50 hours of continuing education every two years as a condition for renewal of his or her license. No more than five hours of continuing education in each two-year period may be spent on issues unrelated to clinical matters or the actual provision of health care to patients. A provider of continuing education shall apply to the board for approval to offer continuing education courses for credit toward this requirement on a form developed by the board, shall pay a fee covering the cost of approval and for the monitoring of the provider by the board and shall set forth the following information on the application:
(1) Course content.
(2) Test criteria.
(3) Hours of continuing education credit requested for the course.
(4) Experience and training of instructors.
(5) Other information as required by the board.
(6) That interpreters or bilingual instruction will be made available, when necessary.
(c) Licensees residing out of state or out of the country shall comply with the continuing education requirements.
(d) Providers of continuing education shall be monitored by the board as determined by the board.
(e) If the board determines that any acupuncturist has not obtained the required number of hours of continuing education, it may renew the acupuncturist’s license and require that the deficient hours of continuing education be made up during the following renewal period in addition to the current continuing education required for that period. If any acupuncturist fails to make up the deficient hours and complete the current requirement of hours of continuing education during the subsequent renewal period, then his or her license to practice acupuncture shall not be renewed until all the required hours are completed and documented to the board.
(Amended (as amended by Stats. 2000, Ch. 568) by Stats. 2005, Ch. 648, Sec. 1. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4947.

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 their respective licenses, if the licensee has received a course of instruction in acupuncture. This course material shall be approved by the licensing board having jurisdiction over the licensee. The board shall assist the licensing boards in providing information as requested by the individual licensing boards.
(b) The course requirement set forth in subdivision (a) shall not apply to a podiatrist or dentist who has completed a course in acupuncture, including a continuing education course, and has utilized acupuncture prior to July 1, 1982.
(Amended by Stats. 1999, Ch. 655, Sec. 68. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4948.

4948. The provisions of this chapter shall not be construed to make unlawful the activities of persons involved in research pursuant to Section 2075.
(Repealed and added by Stats. 1980, Ch. 1313, Sec. 11.5. Section operative July 1, 1982, pursuant to former Section 4974.5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 2 - Certification Requirements › Section 4949.

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 invited guest of a professional acupuncture association or scientific acupuncture foundation, an approved educational and training program, or a continuing education provider that is approved under Section 4945, solely from engaging in professional education through lectures, clinics, or demonstrations. The guest acupuncturist may engage in the practice of acupuncture in conjunction with these lectures, clinics, or demonstrations for a maximum of six months, but may not open an office or appoint a place to meet patients or receive calls from patients or otherwise engage in the practice of acupuncture.
(Amended by Stats. 2014, Ch. 397, Sec. 11. (SB 1246) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4955.1.

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 act including, but not be limited to, any of the following:
(a) Securing a license by fraud or deceit.
(b) Committing a fraudulent or dishonest act as an acupuncturist.
(c) Committing any act involving dishonesty or corruption with respect to the qualifications, functions, or duties of an acupuncturist.
(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 their patients.
(Added by Stats. 2002, Ch. 714, Sec. 9. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4955.2.

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 the following:
(a) Gross negligence.
(b) Repeated negligent acts.
(c) Incompetence.
(Added by Stats. 2002, Ch. 714, Sec. 10. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4956.

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, functions, or duties of an acupuncturist is deemed to be a conviction within the meaning of this chapter.
The board may order a license suspended or revoked, or may deny a license, or may impose probationary conditions upon a license, 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 the provisions of 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.
(Amended by Stats. 1999, Ch. 655, Sec. 70. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4959.

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 direct any licensee found guilty of unprofessional conduct to pay to the board a sum not to exceed actual and reasonable costs of the investigation and prosecution of the case.
(b) The costs to be assessed shall be fixed by the administrative law judge and shall not in any event be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.
(c) When the payment directed in the board’s order for payment of costs is not made by the licensee, the board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.
(d) In any judicial action for the recovery of costs, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(e) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the Acupuncture Fund.
(Amended by Stats. 1999, Ch. 655, Sec. 71. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4960.

4960. Disciplinary proceedings under this article shall be conducted pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
(Repealed and added by Stats. 1980, Ch. 1313, Sec. 11.5. Section operative July 1, 1982, pursuant to former Section 4974.5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4960.2.

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 counties in which the license of the acupuncturist 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.
(Added by Stats. 2002, Ch. 714, Sec. 11. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4960.5.

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 reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum periods has elapsed from the effective date of the decision ordering that disciplinary action:
(1) At least three years for reinstatement of a license revoked or surrendered.
(2) At least two years for early termination of probation of three years or more.
(3) At least two years for modification of a condition of probation.
(4) At least one year for early termination of probation of less than three years.
(b) The board may require an examination for that reinstatement.
(c) Notwithstanding Section 489, a person whose application for a license or registration has been denied by the board, for violations of Division 1.5 (commencing with Section 475) of this chapter, may reapply to the board for a license or registration only after a period of three years has elapsed from the date of the denial.
(Amended by Stats. 1999, Ch. 655, Sec. 72. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4961.1.

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, are provided or reasonably suspected of being provided.
(2) Any place of practice registered with the board for which a wall license has been issued pursuant to Section 4961.
(3) Any clinic owned and operated by a school with an approved educational and training program, as defined in Section 4927.5.
(4) Any premise in which acupuncture services, as defined in Section 4937, are provided under a tutorial program, as defined in Section 4940.
(b) All records required by law to be kept by an acupuncturist subject to this chapter, including, but not limited to, records pertaining to the provision of services to patients, shall be open to inspection by the board, or its designee, during an investigation initiated in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action or issuance of a citation and fine by the board. A copy of all those records shall be provided to the board immediately upon request.
(c) Nothing in this section shall be construed to grant the board jurisdiction over the practice of medicine.
(Added by Stats. 2023, Ch. 682, Sec. 9. (AB 1264) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4962.

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 includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information Internet Web site, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.
(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure.
(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:
(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.
(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.
(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.
(4) The licensee does not have a direct treatment relationship with the patient.
(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s online license information Internet Web site.
(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.
(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.
(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.
(4) The length of the probation and end date.
(5) All practice restrictions placed on the license by the board.
(e) A violation of this section shall not be punishable as a crime.
(Added by Stats. 2018, Ch. 570, Sec. 7. (SB 1448) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4963.

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 board may issue an injunction or other appropriate order restraining that conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in such superior court under the provisions of this section on its own motion and no undertaking shall be required in any action commenced by the board.
(Amended by Stats. 1999, Ch. 655, Sec. 74. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 4 - Enforcement › Section 4964.

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 licensure law shall be construed as a restatement and continuation thereof, and not as a new enactment.
(Amended by Stats. 1999, Ch. 655, Sec. 75. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 5 - Renewal › Section 4965.

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 renewed.
(b) The board shall establish and administer a birth date renewal program.
(c) 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.
(Amended (as added by Stats. 1991, Ch. 983, Sec. 19) by Stats. 1999, Ch. 655, Sec. 77. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 5 - Renewal › Section 4966.

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 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. 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 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.
(Amended by Stats. 1999, Ch. 655, Sec. 78. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 5 - Renewal › Section 4967.

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 thereafter, but that person may apply for and obtain a new license if he or she meets all of the following requirements:
(a) Has not committed any acts or crimes constituting grounds for denial of licensure under Division 1.5 (commencing with Section 475).
(b) 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 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.
(c) Pays all of the fees that would be required if an initial application for licensure was being made. 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 is issued without an examination pursuant to this section.
(Amended by Stats. 1999, Ch. 655, Sec. 79. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 5 - Renewal › Section 4969.

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 the license remains suspended, and until it is reinstated, to engage in the practice of acupuncture, or in any other activity or conduct in violation of the order or judgment by which the license was suspended.
(b) A revoked license 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, 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 was reinstated, plus the delinquency fee, if any, accrued at the time of its expiration.
(Amended by Stats. 1994, Ch. 26, Sec. 181. Effective March 30, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 6 - Revenue › Section 4970.

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 two hundred fifty dollars ($250) and may be increased to not more than three hundred fifty dollars ($350).
(b) The application fee for foreign applicants shall be three hundred fifty dollars ($350) and may be increased to not more than five hundred dollars ($500).
(c) The examination and reexamination fees shall be eight hundred dollars ($800).
(d) The initial license fee shall be five hundred dollars ($500), 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.
(e) The renewal fee shall be five hundred dollars ($500) and may be increased to not more than seven hundred seventy-five dollars ($775) 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.
(f) The delinquency fee shall be set in accordance with Section 163.5.
(g) The wall license fee shall be fifty dollars ($50).
(h) The wall license renewal fee shall be fifty dollars ($50).
(i) If a pocket license is lost or destroyed, the pocket license replacement fee is fifty dollars ($50).
(j) The endorsement fee is one hundred dollars ($100).
(k) If a wall license is lost or destroyed, the wall license replacement fee is fifty dollars ($50).
(l) The approval fee for each provider of continuing education shall be five hundred dollars ($500) and may be increased to not more than seven hundred dollars ($700).
(m) The biennial renewal approval fee for each provider of continuing education shall be five hundred dollars ($500) and may be increased to not more than seven hundred dollars ($700).
(n) (1) Fees for continuing education course applications shall be assessed to the continuing education provider at a floor of ten dollars ($10) per hour of continuing education requested to offer, and a cap of twenty dollars ($20) per hour of continuing education requested to offer, allowing up to a maximum of 50 hours to be approved per course application.
(2) Fees for course hours shall be prorated in one-half hour increments.
(3) An approved course may be offered for a period of one year from the date of board course approval.
(o) This section shall become operative on January 1, 2021.
(Amended (as added by Stats. 2019, Ch. 308, Sec. 4) by Stats. 2020, Ch. 359, Sec. 5. (AB 3330) Effective January 1, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 6 - Revenue › Section 4971.

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 trainee shall be one hundred dollars ($100) and may be increased to not more than two hundred dollars ($200).
(2) The annual renewal fee for approval to supervise an acupuncture trainee shall be two hundred ($200) and may be increased to not more than five hundred dollars ($500).
(3) The application fee for an acupuncture trainee shall be one thousand dollars ($1,000) and may be increased to not more than two thousand five hundred dollars ($2,500).
(4) The annual renewal fee for an acupuncture trainee shall be five hundred dollars ($500) and may be increased to not more than six hundred dollars ($600).
(5) The delinquency fee for a supervisor shall be set in accordance with Section 163.5.
(6) The delinquency fee for an acupuncture trainee shall be one hundred dollars ($100) and may be increased to not more than two hundred dollars ($200).
(b) This section shall become operative on January 1, 2021.
(Repealed (in Sec. 6) and added by Stats. 2020, Ch. 359, Sec. 7. (AB 3330) Effective January 1, 2021. Section operative January 1, 2021, by it s own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 6 - Revenue › Section 4972.

4972. Fees fixed by the board shall be set forth in regulations duly adopted by the board.
(Amended by Stats. 1999, Ch. 655, Sec. 80. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 6 - Revenue › Section 4974.

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 this chapter, and shall pay the entire amount thereof to the Treasurer for deposit in the Acupuncture Fund, which fund is created to carry out the provisions of this chapter, upon appropriation by the Legislature.
(Amended by Stats. 2016, Ch. 667, Sec. 7. (AB 2190) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 7 - Acupuncture Corporations › Section 4975.

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 as that corporation and its shareholders, officers, directors, and employees rendering professional services who are acupuncturists are in compliance with the Moscone-Knox Professional Corporation Act, this article and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its affairs.
With respect to an acupuncture corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Acupuncture Board.
(Amended by Stats. 1999, Ch. 655, Sec. 82. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 7 - Acupuncture Corporations › Section 4976.

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 or indirectly, or assist in or abet the violation of, or conspire to violate, any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws.
(Repealed and added by Stats. 1980, Ch. 1314, Sec. 2.2. Operative July 1, 1982, by Sec. 19 of Ch. 1314.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 7 - Acupuncture Corporations › Section 4977.

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 Article 4 (commencing with Section 4955). In the conduct of its practice, it shall observe and be bound by statutes and regulations to the same extent as a person holding a license under this chapter.
(Amended by Stats. 1999, Ch. 655, Sec. 83. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 7 - Acupuncture Corporations › Section 4977.1.

4977.1. The income of an acupuncture corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in Section 13401 of the Corporations Code) shall not in any manner accrue to the benefit of such shareholder or his or her shares in the acupuncture corporation.
(Repealed and added by Stats. 1980, Ch. 1314, Sec. 2.2. Operative July 1, 1982, by Sec. 19 of Ch. 1314.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 7 - Acupuncture Corporations › Section 4977.2.

4977.2. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of an acupuncture corporation, except an assistant secretary and an assistant treasurer, shall be a licensed person as defined by Section 13401 of the Corporations Code.
(Amended by Stats. 2002, Ch. 714, Sec. 12. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 7 - Acupuncture Corporations › Section 4978.

4978. The name of an acupuncture corporation and any name or names under which it may render professional services shall contain words “acupuncture” or “acupuncturist” and wording or abbreviations denoting corporate existence.
(Repealed and added by Stats. 1980, Ch. 1314, Sec. 2.2. Operative July 1, 1982, by Sec. 19 of Ch. 1314.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 12 - Acupuncture › ARTICLE 7 - Acupuncture Corporations › Section 4979.

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) that the bylaws of an acupuncture corporation shall include a provision whereby the capital stock of the corporation owned by a disqualified person (as defined in Section 13401 of the Corporations Code), or a deceased person, shall be sold to the corporation or to the remaining shareholders of the corporation within the time the regulations may provide, and (b) that an acupuncture corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.
(Amended by Stats. 1999, Ch. 655, Sec. 84. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 13 - Licensed Marriage and Family Therapists › ARTICLE 1 - Regulation › Section 4980.

4980. (a) (1) Many California families and many individual Californians are experiencing difficulty and distress and are in need of wise, competent, caring, compassionate, and effective counseling in order to enable them to improve and maintain healthy family relationships.
(2) Healthy individuals and healthy families and healthy relationships are inherently beneficial and crucial to a healthy society and are our most precious and valuable natural resource. Licensed marriage and family therapists provide a crucial support for the well-being of the people and the State of California.
(b) A person shall not engage in the practice of marriage and family therapy, as defined by Section 4980.02, unless the person holds a valid license as a marriage and family therapist pursuant to this chapter.
(c) Except as provided in subdivision (d), a person shall not do either of the following without a license obtained pursuant to this chapter.
(1) Advertise that the person performs the services of a marriage, family, child, domestic, or marital consultant.
(2) Use the titles listed in paragraph (1) or any similar titles, including the letters “L.M.F.T.,” “M.F.T.,” or “M.F.C.C.,” or another name, word, initial, or symbol in connection with or following the person’s name to imply that the person performs the services suggested by those titles.
(d) (1) A person licensed under Article 4 (commencing with Section 4996) of Chapter 14 or under Chapter 6.6 (commencing with Section 2900) may engage in the practice of marriage and family therapy and advertise that the person practices marriage and family therapy.
(2) A person described in paragraph (1) shall not advertise that the person holds the marriage and family therapist’s license, including by using the letters “L.M.F.T.,” “M.F.T.,” or “M.F.C.C.,” or another name, word, initial, or symbol in connection with or following the person’s name to imply licensure as a marriage and family therapist, unless the person is licensed pursuant to this chapter.
(Amended by Stats. 2023, Ch. 640, Sec. 1. (AB 232) Effective January 1, 2024.)