reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.464 - Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A citation shall not be issued in any of the following
				  circumstances:
(a) The violation is of
				such a nature and/or severity that revocation of the license or restrictions on
				the license are necessary in order to ensure consumer protection.
(b) The licensee's conduct displayed a
				disregard for the patient and/or patient's rights. This includes, but is not
				limited to, physical abuse, neglect, abandonment, and fiduciary abuse. For
				purposes of this section "fiduciary abuse" means a situation in which any
				person who has the care or custody of, or who stands in a position of trust to,
				an elder or a dependent adult, takes, secretes, or appropriates their money or
				property, to any use or purpose not in the due and lawful execution of their
				trust.
(c) The licensee failed to
				comply with any requirement of any previous citation, including any order of
				abatement or fine.
(d) The
				violation involves unprofessional conduct related to controlled substances or
				dangerous drugs.
(e) The violation
				involves unprofessional conduct related to sexual abuse, misconduct, or
				relations with a patient.
(f) The
				licensee was convicted of an offense substantially related to the
				qualifications, functions, and duties of an acupuncturist and there is
				insufficient evidence of rehabilitation.
1. New section
				  filed 6-14-95; operative 7-14-95 (Register 95, No. 24).
2. Change
				  without regulatory effect amending subsections (b), (e) and (f) filed 4-22-2022
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Sections
					 125.9
					 and
					 4933,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 4955,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.465 - Citation; Assessment of Fine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The amount of any administrative fine to
				be levied by the executive officer shall be no less than $100 nor more than
				$2500.
In assessing the amount of the fine, the executive officer
				  will consider the following factors in determining the amount of the
				  fine:
(1) Gravity of the
				violation.
(2) The good or bad
				faith exhibited by the cited person.
(3) Evidence that the violation was
				willful.
(4) The extent to which
				the cited person cooperated with the Board's investigation.
(5) The extent to which the cited person has
				mitigated or attempted to mitigate any damage caused by the
				violation.
(6) Such other factors
				as justice may require.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.466 - Compliance with Orders of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a cited person who has been issued an
				order of abatement is unable to complete the abatement within the time set
				forth in the citation because of conditions beyond his or her control after the
				exercise of reasonable diligence, the person cited may request an extension of
				time from the executive officer in which to complete the correction. Such a
				request shall be in writing and shall be made within the time set forth for
				abatement.
(b) When an order of
				abatement is not contested or if the order is appealed and the person cited
				does not prevail, failure to abate the violation charged in the citation within
				the time allowed shall constitute a violation and failure to comply with the
				order of abatement. Such failure may result in disciplinary action being taken
				by the board or other appropriate judicial relief being taken against the
				person cited.
1. New section
				  filed 6-14-95; operative 7-14-95 (Register 95, No. 24).
2. Change
				  without regulatory effect amending subsection (b) filed 2-17-99 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 99, No. 8).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 4933,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.467 - Citations for Unlicensed Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer of the Board is authorized to determine
				  when and against whom a citation will be issued and to issue citations
				  containing orders of abatement and fines against persons who are performing or
				  who have performed services for which license as an acupuncturist is required
				  under the Acupuncture Licensure Act. Each citation issued for unlicensed
				  activity shall contain either an order of abatement, or, where appropriate, the
				  executive officer shall levy a fine for such unlicensed activity in accordance
				  with Section
				  1399.465. The provisions of
				  Sections 1399.463,
				  1399.465,
				  1399.466, and
				  1399.468 apply to the issuance of
				  citations for unlicensed activity under this section. The citation issued under
				  this section shall be separate from and in addition to any other civil or
				  criminal remedies.
1. New section
				  filed 6-14-95; operative 7-14-95 (Register 95, No. 24).
2. Change
				  without regulatory effect amending section filed 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
3. Change without regulatory
				  effect amending section filed 4-22-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 4933,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.468 - Contest of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				In addition to requesting a hearing provided for in Section
				125.9(b)(4) of
				the Code, the person cited may, within 10 days after service or receipt of the
				citation, notify the executive officer in writing of the person's request for
				an informal conference with the executive officer regarding the acts charged in
				the citation.
(b) The executive
				officer shall hold, within 60 days from the receipt of the request, an informal
				conference with the person cited. At the conclusion of the informal conference,
				the executive officer may affirm, modify, or dismiss the citation, including
				any fine levied or order of abatement issued. The executive officer shall state
				in writing the reasons for the executive officer's action and serve or mail, as
				provided in subsection (b) of Section
				1399.463, a copy of the executive
				officer's findings and decision to the person cited within 10 days from the
				date of the informal conference. This decision shall be deemed to be a final
				order with regard to the citation issued, including the fine levied and the
				order of abatement.
(c) The person
				cited does not waive their request for a hearing to contest a citation by
				requesting an informal conference after which the citation is affirmed by the
				executive officer. If the citation is dismissed after the informal conference,
				the request for a hearing on the matter of the citation shall be deemed to be
				withdrawn. If the citation, including any fine levied or order of abatement, is
				modified, the citation originally issued shall be considered withdrawn and a
				new citation issued. If a hearing is requested for the subsequent citation, it
				shall be requested within 30 days in accordance with Section
				125.9(b)(4) of
				the Code.
1. New section
				  filed 6-14-95; operative 7-14-95 (Register 95, No. 24).
2. Change
				  without regulatory effect amending section filed 4-22-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 4933,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.469 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
				  Administrative Procedure Act (Government Code Section
				  11400 et
				  seq.), the Board shall consider the disciplinary guidelines entitled
				  "Department of Consumer Affairs, Acupuncture Board 'Disciplinary Guidelines'
				  1996" which are hereby incorporated by reference. Deviation from these
				  guidelines and orders, including the standard terms of probation is appropriate
				  where the Board in its sole discretion determines that the facts of the
				  particular case warrant such a deviation--for example: the presence of
				  mitigating factors; the age of the case; evidentiary
				  problems.
1. New section
				  filed 6-25-97; operative 7-1-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 26).
2. Change without regulatory effect amending
				  section filed 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
3. Change without regulatory
				  effect amending section and NOTE filed 4-22-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code; and Section
					 11400.20,
					 Government Code. Reference: Sections
					 11400.20
					 and
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.469.1 - Required Actions Against Registered Sex Offenders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided, if an
				individual is required to register as a sex offender pursuant to Section
				290 of the
				Penal Code, or the equivalent in another state or territory, or military or
				federal law, the Board shall:
(1) Deny an
				application by the individual for licensure, in accordance with the procedures
				set forth in Chapter 5 (commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code.
(2)
				Promptly revoke the license of the individual, in accordance with the
				procedures set forth in Chapter 5 (commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code, and shall not stay the revocation nor place the
				license on probation.
(3) Deny any
				petition to reinstate or reissue the individual's license.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.469.2 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the conduct described in Section
				  4955 of the Code, "unprofessional
				  conduct" also includes, but is not limited to, the following:
(a) Including or permitting to be included
				any of the following provisions in an agreement to settle a civil dispute
				arising from the licensee's practice to which the licensee is or expects to be
				named as a party, whether the agreement is made before or after the filing of
				an action:
(1) A provision that prohibits
				another party to the dispute from contacting, cooperating, or filing a
				complaint with the Board.
(2) A
				provision that requires another party to the dispute to attempt to withdraw a
				complaint the party has filed with the Board.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.469.3 - Notice to Consumers of Licensure by the Acupuncture Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensed
				acupuncturist engaged in the practice of acupuncture shall provide notice to
				each patient of the fact that the acupuncturist is licensed and regulated by
				the California Acupuncture Board. This notice must be posted at each of the
				practice locations the licensee provides services. The notice shall include the
				following statement and information:
"NOTICE TO CONSUMERS
Acupuncturists are licensed and regulated by the California
				  Acupuncture Board
(916)515-5200
http://www.acupuncture.ca.gov/
"
(b) The notice required by this section shall
				be provided by prominently posting the notice in a conspicuous location
				accessible to public view on the premises where the acupuncturist provides the
				licensed services, in which case the notice shall be at least 48-point type
				font.
1. New section
				  filed 7-12-2016; operative 10-1-2016 (Register 2016, No.
				  29).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Section
					 138,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.469.4 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purpose of denial, suspension, or
				revocation of a license pursuant to Section
				141, Division 1.5 (commencing with
				Section 475), or Sections
				4955,
				4955.1,
				or
				4955.2
				of the Business and Professions Code, a crime, professional misconduct, or act
				shall be considered substantially related to the qualifications, functions or
				duties of a licensee if, to a substantial degree, it evidences present or
				potential unfitness of a licensee to perform the functions authorized by the
				license in a manner consistent with the public health, safety, or
				welfare.
(b) In making the
				substantial relationship determination required under subsection (a) for a
				crime, the board shall consider the following criteria:
(1) The nature and gravity of the
				offense.
(2) The number of years
				elapsed since the date of the offense.
(3) The nature and duties of an
				acupuncturist.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.469.5 - Criteria for Rehabilitation-Denial of Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the denial of a license
				under Section
				480
				of the Business and Professions Code on the ground that the applicant has been
				convicted of a crime, the board shall consider whether the applicant made a
				showing of rehabilitation if the applicant completed the criminal sentence at
				issue without a violation of parole or probation. In making this determination,
				the board shall consider the following criteria:
(1) The nature and gravity of the
				crime(s).
(2) The length(s) of the
				applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				applicant's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 6 - Miscellaneous Provisions › Section 1399.469.6 - Criteria for Rehabilitation-Suspensions or Revocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the suspension or
				revocation of a license under Section
				490
				of the Business and Professions Code on the ground that a person holding a
				license under the Acupuncture Licensure Act has been convicted of a crime, the
				board shall consider whether the licensee made a showing of rehabilitation if
				the licensee completed the criminal sentence at issue without a violation of
				parole or probation. In making this determination, the board shall consider the
				following criteria:
(1) The nature and
				gravity of the crime(s).
(2) The
				length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				licensee's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified
				and the reason(s) for the modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.470 - Citation and Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations may be cited and referred to as the
				  "Acupuncture Corporation Regulations".
1. New Article
				  7 (Sections
				  1399.470-1399.481) filed 4-26-79;
				  effective thirtieth day thereafter (Register 79, No. 17).
2.
				  Amendment filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
				  32).
3. Amendment filed 10-14-83; effective thirtieth day thereafter
				  (Register 83, No. 42).
Note: Authority cited and Reference: Sections
					 4933
					 and
					 4979,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.471 - Professional Relationships and Responsibilities Not Affected. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
				  32).
2. Repealer filed 10-14-83; effective thirtieth day thereafter
				  (Register 83, No. 42).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Section
					 4977,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.472 - Office for Filing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
				  32).
Note: Authority cited: Sections
					 4933
					 and
					 4979,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.473 - Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
				  32).
Note: Authority cited: Sections
					 4933
					 and
					 4979,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.474 - Approval and Issuance of Certificates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
				  32).
Note: Authority cited: Sections
					 4933
					 and
					 4979,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.475 - Requirements for Acupuncture Corporations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An acupuncture corporation shall comply with the following
				  provisions:
(a) The corporation is
				organized and exists pursuant to the General Corporation Law and is a
				professional corporation within the meaning of Part 4 (commencing with Section
				13400) of Division 3 of Title 1 of
				the Corporations Code.
(b) Each
				shareholder, director, and officer (except as provided in Section
				13403 of
				the Corporations Code and Section
				4977.2 of the Code) holds a valid
				acupuncture certificate. An acupuncturist may be a shareholder in more than one
				acupuncture corporation.
(c) Each
				professional employee of the corporation who will practice acupuncture, whether
				or not a director, officer, or shareholder, holds a valid acupuncture
				certificate.
1. Amendment
				  filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
				  32).
2. Amendment filed 10-14-83; effective thirtieth day thereafter
				  (Register 83, No. 42).
3. Change without regulatory effect amending
				  section filed 4-22-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Sections
					 4933
					 and
					 4979,
					 Business and Professions Code. Reference: Sections
					 4975
					 and
					 4977.2,
					 Business and Professions Code; and Sections
					 13401,
					 13403,
					 13405,
					 13406
					 and
					 13407,
					 Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.476 - Namestyle

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The name of the corporation and any name or names under which
				  it may render professional services shall include words or abbreviations
				  denoting corporate existence limited to the following: "Professional
				  Corporation," "Prof. Corp.," "Corporation," "Corp.," "Incorporated," or
				  "Inc."
1. Amendment
				  of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
				  32).
2. Amendment filed 10-14-83; effective thirtieth day thereafter
				  (Register 83, No. 42).
3. Change without regulatory effect amending
				  NOTE filed 4-22-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Sections
					 4933
					 and
					 4979,
					 Business and Professions Code. Reference: Section
					 4978,
					 Business and Professions Code; and Section
					 13409,
					 Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.477 - Shares: Ownership and Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where there are two (2) or more
				shareholders in an acupuncture corporation and one (1) of the shareholders:
(1) Dies or
(2) Becomes a disqualified person as defined
				in Section
				13401(e)
				of the Corporations Code, the shareholder's shares shall be sold and
				transferred to the corporation, its shareholders, or other eligible licensed
				persons on such terms as are agreed upon. Such sale or transfer shall not be
				later than six (6) months after any such death and not later than ninety (90)
				days after the date the shareholder becomes a disqualified person. The
				requirements of this subsection shall be set forth in the acupuncture
				corporation's articles of incorporation or bylaws.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.478 - Trusts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The restrictions on the ownership of the shares of
				  professional corporations shall apply to both the legal and equitable title to
				  such shares.
1. Amendment
				  filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
				  32).
2. Renumbering of former Section
				  1399.480 to Section
				  1399.478 filed 9-8-89; operative
				  10-8-89 (Register 89, No. 37). For prior history of former Section
				  1399.478, see registers, 85, No.
				  10 and 81, No. 32.
Note: Authority cited: Sections
					 4933
					 and
					 4979,
					 Business and Professions Code. Reference: Sections
					 13406
					 and
					 13407,
					 Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 7 - Acupuncture Corporations › Section 1399.479 - Corporate Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				An acupuncture corporation may perform any act authorized in its articles of
				incorporation or bylaws so long as that act is not in conflict with or
				prohibited by these regulations, the Acupuncture Licensure Act or the
				regulations adopted pursuant thereto.
(b) An acupuncture corporation may enter into
				partnership agreements with other acupuncturists practicing individually or in
				a group or with other acupuncture corporations.
1. Amendment
				  filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
				  32).
2. Change without regulatory effect amending subsection (a)
				  filed 4-22-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Sections
					 4933
					 and
					 4979,
					 Business and Professions Code. Reference: Section
					 4979,
					 Business and Professions Code; and Sections
					 13403,
					 13408
					 and
					 13410,
					 Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.480 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				this article:
(1) "Provider" means a person
				or organization approved by the Board to offer continuing education.
(2) "Course" means a systematic learning
				experience, at least one hour in length, that deals with and is designed for
				the acquisition of knowledge, skills, and information relevant to the practice
				of acupuncture.
(3) "Hour" means at
				least 50 minutes of participation in an organized learning
				experience.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.481 - Criteria for Provider Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to be a provider, a person,
				organization, school, or other entity seeking approval shall submit to the
				Board a Continuing Education Provider Application, (Rev. 5/08), which is hereby
				incorporated by reference, accompanied by the fee set forth in Section
				1399.462. All provider
				applications and documentation submitted to the Board shall be typewritten and
				in English.
(b) The approval of the
				provider shall expire two (2) years after it is issued by the Board and may be
				renewed upon the filing of the required application and fee.
1. New section
				  filed 9-8-89; operative 10-8-89 (Register 89, No. 37). For prior history, see
				  Register 85, No. 10 and 81, No. 32.
2. Repealer and new section
				  filed 4-3-95; operative 5-3-95 (Register 95, No. 14).
3. Change
				  without regulatory effect amending section filed 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
4. Amendment of subsections (a)
				  and (c) and NOTE filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
				  35).
5. Change without regulatory effect amending subsection (a) and
				  NOTE filed 4-22-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Section
					 4945,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.482 - Approved Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				For the purpose of this article, the title "provider" can only be used when a
				person or organization has submitted a provider application, remitted the
				appropriate fee, received approval by the Board, and been issued a provider
				number.
(b) A person or
				organization may be issued only one provider number. When two or more providers
				co-sponsor a course, the course shall be identified by only one provider number
				and that provider shall assume responsibility for recordkeeping, advertising,
				issuing certificates, instructor(s) qualifications, and any other
				requirements.
(c) A provider shall
				keep the following records for a period of four (4) years in one identified
				location:
(1) Course outlines of each
				approved course given.
(2) Record
				of time and places of each approved course given.
(3) Course instructor
curricula
				vitae
or resumes.
(4) The
				attendance record for each approved course that shows the name, signature, and
				license number of the acupuncturists who took the course and a record of any
				certificates issued to them.
(5)
				Participant evaluation forms for each approved course
				given.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.483 - Approval of Continuing Education Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Only a provider may obtain approval to
				offer continuing education courses.
(b) The content of all courses of continuing
				education submitted for Board approval shall be relevant to the practice of
				acupuncture and Asian medicine and shall fall within the following two (2)
				categories:
(1) Category 1 courses are those
				courses related to clinical matters or the actual provision of health care to
				patients. Examples of Category 1 courses include, but are not limited to, the
				following:
(A) Acupuncture and Asian
				Medicine.
(B) Western biomedicine
				and biological sciences.
(C)
				Scientific or clinical content with a direct bearing on the quality of patient
				care, community or public health, or preventive medicine.
(D) Courses concerning law and ethics and
				health facility standards.
(E)
				Courses designed to develop a licensee's patient education skills, including,
				but not limited to, patient education in therapeutic exercise techniques,
				nutritional counseling, and biomechanical education.
(F) Courses designed to enhance a licensee's
				ability to communicate effectively with other medical practitioners.
(G) Courses in acupuncture's role in
				individual and public health, such as emergencies and disasters.
(H) Courses in the behavioral sciences,
				patient counseling, and patient management and motivation when such courses are
				specifically oriented to the improvement of patient health.
(I) Research and evidence-based medicine as
				related to acupuncture and Asian medicine.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.484 - Application for Course Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Providers may not offer a course for
				continuing education hours without prior approval from the Board. To obtain
				approval for a course, a provider shall submit to the Board, at least 45 days
				before the course is first offered, a request for course approval, in English,
				on the "Request for Continuing Education (CE) Course Approval Form" (Rev. 5/08)
				that is hereby incorporated by reference.
(b) When a previously approved course is to
				be repeated, the provider shall notify the Board in writing of the new date and
				location at least 30 days before the new course date.
(c) Providers shall notify the Board of any
				changes to the date or location of an approved course. A change to the date of
				an approved course may not be prior to the date for which the course was
				originally approved.
(d) Providers
				shall notify the Board within 48 hours of a course date if the approved course
				is postponed. The provider shall notify the Board in writing of the new date
				and location of the postponed course. If a postponed course is not taught
				within three (3) months of the original course date, the provider must reapply
				for approval.
(e) Any changes in
				the content of or instructor(s) for an approved course shall require the
				submittal of a new course application at least 45 days before the course
				begins.
1. New section
				  filed 9-8-89; operative 10-8-89 (Register 89, No. 37).
2. Repealer
				  and new section filed 4-3-95; operative 5-3-95 (Register 95, No.
				  14).
3. Change without regulatory effect amending subsections (a)
				  and (a)(5)-(c) filed 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
4. Amendment of section and NOTE
				  filed 8-25-2008; operative 9-24-2008 (Register 2008, No. 35).
5.
				  Change without regulatory effect amending section and NOTE filed 4-22-2022
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Section
					 4945,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.485 - Instructors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It shall be the
				responsibility of each provider to use qualified instructors.
(b) Instructors teaching approved continuing
				education courses shall have the following minimum qualifications:
(1) An acupuncturist instructor shall:
(A) hold a current valid license to practice
				acupuncture or be otherwise authorized to act as a guest acupuncturist in
				accordance with Section
				4949 of the Code. A "current valid
				license" is one that has not been revoked, suspended, placed on probation,
				voluntarily surrendered, or otherwise disciplined by the Board, and
(B) be knowledgeable, current, and skillful
				in the subject matter of the course as evidenced through:
1. holding a baccalaureate or higher degree
				from a college or university and written documentation of experience in the
				subject matter,
2. have at least
				two (2) years' experience in teaching similar subject matter content within the
				five (5) years preceding the course, or
3. have at least two (2) years' experience
				within the last five (5) years in the specialized area in which the instructor
				is teaching.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.486 - Advertisements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information
				disseminated by providers publicizing continuing education shall be true and
				not misleading and shall include the following:
(1) Course titles that reflect course content
				and do not contain marketing language.
(2) A clear, concise description of the
				course content and objectives.
(3)
				Whether the course has been approved as a Category 1 or Category 2
				course.
(4) The date and location
				of the course.
(5) The provider's
				name, provider's number, and telephone number.
(6) The statement "This course has been
				approved by the California Acupuncture Board, Provider Number _____, for _____
				hours of continuing education in Category __________."
(7) Provider's policy on refunds for cases of
				non-attendance or cancellations.
(8) A written disclosure of all products that
				will be for sale after completion of the course.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.487 - Denial, Withdrawal, and Appeal of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may deny a provider application
				or withdraw its approval of a provider for causes that include, but are not
				limited to, the following:
(1) the provider or
				applicant has been convicted of a crime substantially related to the activities
				of a provider or licensee;
(2) the
				provider or applicant has failed to comply with any provision of the
				Acupuncture Licensure Act or the Acupuncture Regulations;
(3) the provider or applicant has had a
				license revoked, suspended, placed on probation, voluntarily surrendered, or
				otherwise disciplined by the Board;
(4) the Board may suspend review and approval
				of an application if an administrative action is pending against an applicant's
				license.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.488 - Processing Times for Provider and Course Request Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall
				inform a provider seeking approval within 30 days after receipt of a completed
				application and required fees of its decision whether the application has been
				approved.
(b) The Board shall
				inform a provider seeking course approval within 30 days after receipt of a
				completed application form together with all required information and
				documentation whether the course is approved.
(c) If a provider seeking approval submits a
				request for a course approval along with the initial provider application, the
				course request will not be considered for approval until the provider
				application is approved. In such cases, the Board's processing time for the
				course request will be in accordance with subsection (b).
1. New section
				  filed 4-3-95; operative 5-3-95 (Register 95, No. 14).
2. Change
				  without regulatory effect amending section filed 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
3. Amendment of section and NOTE
				  filed 8-25-2008; operative 9-24-2008 (Register 2008, No. 35).
4.
				  Change without regulatory effect amending section and NOTE filed 4-22-2022
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Section
					 4945,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.489.1 - Inactive License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				licensee who is not actively engaged in the practice of acupuncture desiring an
				inactive license under the provisions of Article 9 (commencing with Section
				700) of Chapter 1 of Division 2 of
				the Code or to restore an inactive license to active status shall submit a
				completed "Active/Inactive License Application" (Rev. 5/08), that is hereby
				incorporated by reference, to the Board. The applicant need not submit the
				applicant's certificate or a copy thereof to the Board with the
				application.
(b) To restore an
				inactive license to active status, the licensee shall have completed a minimum
				of 50 hours of approved continuing education within the last two (2) years in
				compliance with this article. At least 45 hours of continuing education must be
				in coursework approved as Category 1. In the event a license has been inactive
				less than one (1) year, a minimum of 25 hours of continuing education is
				required, with at least 22 hours of coursework approved as Category
				1.
(c) The inactive status of any
				licensee shall not deprive the Board of its authority to institute or continue
				a disciplinary proceeding against a licensee upon any ground provided by law or
				to enter an order suspending or revoking a license or otherwise taking
				disciplinary action against the licensee on any such ground.
1. Renumbering
				  and amendment of former section
				  1399.485 to section
				  1399.489.1 filed 4-3-95; operative
				  5-3-95 (Register 95, No. 14).
2. Change without regulatory effect
				  amending subsections (a) and (c) filed 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
3. Amendment of subsections (a)
				  and (b) filed 8-25-2008; operative 9-24-2008 (Register 2008, No.
				  35).
4. Change without regulatory effect amending subsections (a)
				  and (c) filed 4-22-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 16).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Sections
					 704
					 and
					 4945,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 8 - Continuing Education › Section 1399.489.2 - Continuing Education: Courses in Practice Management and Medical Ethics. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  and amendment of former section
				  1399.487 to section
				  1399.489.2 filed 4-3-95; operative
				  5-3-95 (Register 95, No. 14).
2. Repealer filed 1-27-2000; operative
				  2-26-2000 (Register 2000, No. 4).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Section
					 4945,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.8 - Physician Assistant Board › Article 1 - General Provisions › Section 1399.500 - Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter may be cited and referred to as the "Physician
				  Assistant Regulations."
1. Repealer of
				  Article 1 (Sections
				  1399.500-1399.516, not
				  consecutive) and new Article 1 (Sections
				  1399.500-1399.518, not
				  consecutive) filed 8-23-79; effective thirtieth day thereafter (Register 79,
				  No. 34). For history of former Article, see Register 77, No. 48.
2.
				  Amendment filed 9-20-83; effective thirtieth day thereafter (Register 83, No.
				  39).
3. Renumbering of Chapter 13.7 (Sections
				  1399.500-1399.615, not
				  consecutive) to Chapter 13.8 filed 12-14-84; effective thirtieth day thereafter
				  (Register 84, No. 50).
4. Editorial correction of division heading
				  (Register 92, No. 6).
5. Change without regulatory effect amending
				  section filed 3-3-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 9).
6. Change without regulatory
				  effect amending division heading filed 8-7-2013 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2013, No. 32).
Note: Authority cited and Reference: Section
					 3510,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.8 - Physician Assistant Board › Article 1 - General Provisions › Section 1399.501 - Location of Office

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The principal offices of the Physician Assistant Board are
				  located at 2005 Evergreen Street, Suite 1100, Sacramento, California
				  95815.
1. Amendment
				  filed 9-20-83; effective thirtieth day thereafter (Register 83, No.
				  39).
2. Change without regulatory effect filed 2-5-91 pursuant to
				  section 100, Title 1, California Code of
				  Regulations (Register 91, No. 11).
3. Change without regulatory
				  effect amending section filed 3-3-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 9).
4. Change without regulatory
				  effect amending section filed 10-12-2010 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2010, No. 42).
5. Change without regulatory
				  effect amending section filed 8-7-2013 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2013, No. 32).
Note: Authority cited: Section
					 3510,
					 Business and Professions Code. Reference: Section
					 2019,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.8 - Physician Assistant Board › Article 1 - General Provisions › Section 1399.502 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of the regulations contained in this
				  chapter, the terms
(a) "Board" means
				Physician Assistant Board.
(b)
				"Code" means the Business and Professions Code.
(c) "Physician assistant" means a person who
				is licensed by the board as a physician assistant.
(d) "Trainee" means a person enrolled and
				actively participating in an approved program of instruction for physician
				assistants.
(e) "Approved program"
				means a program for the education and training of physician assistants which
				has been approved by the board.
(f)
				"Supervising physician" and "physician supervisor" mean a physician licensed by
				the Medical Board of California or a physician licensed by the Osteopathic
				Medical Board of California.
(g)
				"Approved controlled substance education course" means an educational course
				approved by the board pursuant to section
				1399.610.
1. Amendment
				  filed 9-20-83; effective thirtieth day thereafter (Register 83, No.
				  39).
2. New subsection (g) filed 7-12-85; effective thirtieth day
				  thereafter (Register 85, No. 28).
3. Change without regulatory
				  effect filed 2-5-91 pursuant to section
				  100, Title 1, California Code of
				  Regulations (Register 91, No. 11).
4. Change without regulatory
				  effect amending subsections (a), (b) and (g) filed 3-3-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 9).
5. New subsection (h) filed
				  10-17-2008; operative 10-17-2008 pursuant to Government Code section
				  11343.4
				  (Register 2008, No. 42).
6. Change without regulatory effect
				  amending section filed 8-7-2013 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2013, No. 32).
Note: Authority cited: Section
					 3510,
					 Business and Professions Code. Reference: Section
					 3510,
					 Business and Professions Code.