reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.374 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on the disciplinary action under the
				  Administrative Procedure Act (Government Code section
				  11400 et
				  seq.), determining terms and conditions of probation, or consequences for non
				  compliance of ordered probation, the Board shall consider the disciplinary
				  guidelines entitled "Disciplinary Guidelines" [2020 Edition] which are hereby
				  incorporated by reference. Deviation from these standards, 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 6-26-97; operative 7-1-97 (Register 97, No. 26). This interim regulation
				  is exempt from most of the procedural requirements of the Administrative
				  Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3,
				  Title 2, Government Code) and from review by the Office of Administrative Law
				  pursuant to Government Code sections
				  11400.20
				  and
				  11400.21
				  and will expire on December 31, 1998, unless earlier terminated or replaced by,
				  or readopted as, permanent following the procedures of the Administrative
				  Procedure Act.
2. Permanent regulation pursuant to Government Code
				  sections
				  11400.20
				  and
				  11400.21
				  with amendment to incorporated material filed 11-19-97; operative 11-19-97
				  (Register 97, No. 47).
3. Amendment filed 4-21-2003; operative
				  5-21-2003 (Register 2003, No. 17).
4. Amendment of section and NOTE
				  filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
5.
				  Amendment of the Respiratory Care Board's "Disciplinary Guidelines"
				  (incorporated by reference) and amendment of section filed 4-11-2022; operative
				  7-1-2022 (Register 2022, No. 15). Filing deadline specified in Government Code
				  section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order
				  N-71-20.
Note: Authority cited: Section
					 3722,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11400.21,
					 Government Code. Reference: Sections
					 315,
					 3718
					 and
					 3750,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.375 - Cease Practice-Probation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any licensee placed on probation who has
				committed a "Major Violation," as identified in the Disciplinary Guidelines,
				incorporated by reference pursuant to section
				1399.374, shall receive a notice
				to cease the practice of respiratory care, as directed by the Board.
(b) The Board shall attempt to contact the
				probationer by electronic and/or telephonic means to advise him/her of the
				notice to cease practice and shall deliver such notice by certified and regular
				mail. The Board shall update its licensing database to reflect the status of
				the license.
(c) The probationer
				may file a written appeal, within ten days of the date of the notice to cease
				practice, to provide additional evidence disputing the finding of the
				violation(s) that was cause for the notice to cease practice. The Executive
				Officer will review the appeal and make a determination in the matter, within
				ten days from the date the written appeal and all supporting evidence or
				documentation is received. The probationer shall be notified of the outcome by
				certified mail.
(d) The probationer
				shall not resume the practice of respiratory care until a final decision on an
				accusation and/or petition to revoke probation is made or until such time as
				the Board delivers written notification that the notice to cease practice has
				been dissolved.
(e) The cessation
				of practice shall not apply to the reduction of the probationary
				period.
1. New section
				  filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21). For prior
				  history, see Register 2003, No. 17.
Note: Authority cited: Sections
					 315.4,
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 315.2
					 and
					 315.4,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.376 - Citation Review. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 11-1-96; operative 12-1-96 (Register 96, No. 44).
2. Amendment
				  filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
3. New
				  article 8 heading filed 4-22-2004; operative 5-22-2004 (Register 2004, No.
				  17).
4. Renumbering of former section
				  1399.376 to section
				  1399.382 filed 5-25-2012;
				  operative 6-24-2012 (Register 2012, No. 21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Section
					 3761,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.377 - Records from Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Records requested by the board, or on behalf of the board, as
				  provided for in section
				  3717 of the B&P, shall be
				  provided by the employer, within 10 business days from a written, electronic or
				  oral request or be made available for review at the time of an
				  inspection.
1. New section
				  filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Section
					 3717,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.378 - Licensee Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Information required to be disclosed by any person issued a
				  license to practice respiratory care, whether that license is valid or invalid,
				  as provided in section
				  3758.5 of the B&P shall be
				  disclosed to the board within 10 calendar days from the date the person knows
				  or should have reasonably known of a violation or probable violation has
				  occurred.
1. Renumbering
				  of former section
				  1399.384 to section
				  1399.378, including amendment of
				  section and NOTE, filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Sections
					 3758
					 and
					 3758.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 7 - Miscellaneous › Section 1399.379 - Employer Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Information required to be disclosed by any employer of a
				  respiratory care practitioner as provided in section
				  3758 or
				  3758.6 of the B&P shall be
				  disclosed to the board within 10 calendar days from the date of suspension or
				  termination, whichever occurs first.
1. Renumbering
				  of former section
				  1399.385 to section
				  1399.379, including amendment of
				  section and NOTE, filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Sections
					 3758
					 and
					 3758.6,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.380 - Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive
				officer of the board or his or her designee is authorized to issue a citation
				to any person or employer for a violation of any provision of division 1.5 and
				chapter 1 of division 2 of the B&P, as permitted, the Act, or any
				regulation adopted by the board.
(b) A citation shall be in writing and shall
				describe with particularity the nature of the violation, including specific
				reference to the statute or regulation determined to have been
				violated.
(c) A citation shall,
				where appropriate, contain an order of abatement fixing a reasonable time for
				abatement of the violation.
(d) A
				citation may also contain an assessment of an administrative fine as provided
				for in section
				1399.381, payable within 120
				days.
(e) A citation shall inform
				the cited person or employer of his or her right to a citation review, as
				provided in section
				1399.382, and/or a hearing to
				appeal the citation, as provided in section
				1399.383, and that such a request
				be made in writing within 30 calendar days from the issuance date of the
				citation.
(f) A citation shall be
				served upon the individual or employer by certified mail at the last address of
				record.
(g) In assessing an
				administrative fine or issuing an order of correction or abatement, due
				consideration shall be given to the following factors:
(1) the gravity of the violation
(2) the good or bad faith exhibited by the
				cited person or employer
(3) the
				history of previous violations
(4)
				the extent to which the cited person or employer has cooperated with the
				board's investigation
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.382 - Citation Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				the person cited is afforded the opportunity for a citation review, he or she
				may, within 30 calendar days after the date of service of the citation, notify
				the executive officer, in writing, of his or her request for a citation review
				by the executive officer, regarding the acts charged in the citation.
				Notification shall be through the United States Postal Service by certified or
				registered mail.
(b) The executive
				officer shall hold, within 60 calendar days from the receipt of the request, a
				citation review with the person cited or his or her legal counsel or other
				authorized representative in person or by telephone. At the conclusion of the
				citation review, the executive officer may affirm, modify or dismiss the
				citation, including any fine levied. The executive officer shall state in
				writing the reasons for the action and serve a copy of the findings and
				decision on the person cited within 30 calendar days of the date of the
				citation review. The decision shall inform the cited person of his or her right
				to a hearing as provided in section
				1399.383 of this article, and that
				such a request must be made in writing within 30 calendar days from the
				issuance date of the decision resulting from the citation review.
1. New section
				  filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
2.
				  Renumbering of former section
				  1399.382 to section
				  1399.383 and renumbering of former
				  section 1399.376 to section
				  1399.382, including amendment of
				  section and NOTE, filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Section
					 3722,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 3766
					 and
					 3767,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.383 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person or
				employer served with a citation or a decision resulting from a citation review,
				as provided in section
				1399.382 of this article, may
				contest the citation by appealing to the board in writing, within 30 calendar
				days of the issuance of the citation or decision.
(b) If a cited person or employer requests a
				hearing to appeal the citation, the board shall afford an opportunity for a
				hearing in accordance with the provisions of chapter 5 (commencing with section
				11500) of Part 1 of division 3 of
				title 2 of the Government Code.
1. New section
				  filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
2.
				  Renumbering of former section
				  1399.383 to section
				  1399.385 and renumbering of former
				  section 1399.382 to section
				  1399.383, including amendment of
				  section and NOTE, filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Sections
					 125.9
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 3767,
					 Business and Professions Code; and Sections
					 11500, et seq., Government
					 Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.384 - Failure to Respond or Appear

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the cited person or employer fails to
				request a citation review or a hearing as provided in subdivision (e) of
				section 1399.380, or fails to request a
				hearing as provided in subdivision (a) of section
				1399.383, the citation shall be
				deemed a final order of the board and shall not be subject to administrative
				review.
(b) The failure of a cited
				person or employer who has requested a citation review, if applicable, or
				hearing, to appear at the time and place of the citation review or hearing
				shall be deemed a withdrawal of his or her request, and the citation shall be
				deemed a final order of the board and shall not be subject to administrative
				review.
1. New section
				  filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
2.
				  Renumbering of former section
				  1399.384 to section
				  1399.378 and new section
				  1399.384 filed 5-25-2012;
				  operative 6-24-2012 (Register 2012, No. 21).
Note: Authority cited: Sections
					 125.9
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 3767,
					 Business and Professions Code; and Sections
					 11500, et seq., Government
					 Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.385 - Failure to Comply with Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The failure to comply with a citation containing an
				  assessment of an administrative fine or an order of abatement or both, after
				  the citation is final and has been properly served, shall result in one or more
				  of the following:
(a) the non renewal
				of a license.
(b) referral to
				collection entities to collect the fine.
(c) the pursuit of further legal action by
				the board to collect the fine.
1. New section
				  filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
2.
				  Renumbering of former section
				  1399.385 to section
				  1399.379 and renumbering of former
				  section 1399.383 to section
				  1399.385, including amendment of
				  section and NOTE, filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Sections
					 125.9
					 and
					 3722,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 3767
					 and
					 3768,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.387 - Citations-Employer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
2.
				  Repealer filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Sections
					 125.9,
					 3722,
					 3758
					 and
					 3758.6,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 3717,
					 3758
					 and
					 3758.6,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.388 - Fines-Employer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
2.
				  Repealer filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Sections
					 3722
					 and
					 3758,
					 Business and Professions Code. Reference: Sections
					 3717,
					 3758
					 and
					 3758.6,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.389 - Appeals-Employer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
2.
				  Repealer filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Sections
					 125.9
					 and
					 3722,
					 Business and Professions Code. Reference: Section
					 125.9,
					 Business and Professions Code; and Section
					 11500, et seq., Government
					 Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.390 - Failure to Comply with Citation-Employer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
2.
				  Repealer filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Sections
					 3722
					 and
					 3758,
					 Business and Professions Code. Reference: Section
					 3758,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.391 - Citation and Fine - Unlicensed Personnel. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-7-2006; operative 10-7-2006 (Register 2006, No. 36).
2.
				  Repealer filed 5-25-2012; operative 6-24-2012 (Register 2012, No.
				  21).
Note: Authority cited: Sections
					 3722,
					 3760,
					 3761,
					 3766
					 and
					 3767,
					 Business and Professions Code. Reference: Sections
					 3760,
					 3761,
					 3766
					 and
					 3767,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1 - General Provisions › Section 1399.400 - Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This division may be cited and referred to as the
				  "Acupuncture Regulations."
1. New Chapter
				  13.6 (Sections
				  1399.400-1399.461, not
				  consecutive) filed 12-20-76 as an emergency; effective upon filing (Register
				  76, No. 52).
2. Certificate of Compliance filed 4-18-77 (Register
				  77, No. 17).
3. Amendment of NOTE filed 4-26-79; effective thirtieth
				  day thereafter (Register 79, No. 17).
4. Amendment filed 8-5-81;
				  effective thirtieth day thereafter (Register 81, No. 32).
5.
				  Amendment filed 10-14-83; effective thirtieth day thereafter (Register 83, No.
				  42).
6. Renumbering of Chapter 13.6 (Sections
				  1399.400-1399.480, not
				  consecutive) to Chapter 13.7 filed 12-14-84; effective thirtieth day thereafter
				  (Register 84, No. 50).
7. Amendment of Chapter 13.7 heading filed
				  3-8-85; effective thirtieth day thereafter (Register 85, No. 10).
8.
				  Change without regulatory effect amending division heading and section 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
					 4933,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1 - General Provisions › Section 1399.401 - Location of Offices. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 10-14-83; effective thirtieth day thereafter (Register 83, No.
				  42).
2. Amendment filed 7-2-92; operative 7-2-92 pursuant to
				  Government Code section
				  11346.2(d)
				  (Register 92, No. 28).
3. Repealer filed 3-19-96; operative 3-19-96
				  pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 12).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Section
					 4927,
					 4933
					 and
					 2015,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1 - General Provisions › Section 1399.402 - Tenses, Gender and Number. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 10-14-83; effective thirtieth day thereafter (Register 83, No.
				  42).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1 - General Provisions › Section 1399.403 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the regulations contained in this
				  division, the terms
(a) "Board" shall
				mean the Acupuncture Board.
(b)
				"Code" shall mean the Business and Professions Code.
1. Amendment
				  filed 10-14-83; effective thirtieth day thereafter (Register 83, No.
				  42).
2. Amendment of subsections (a) and (c) filed 7-2-92; operative
				  7-2-92 pursuant to Government Code section
				  11346.2(d)
				  (Register 92, No. 28).
3. Repealer of subsection (b), subsection
				  relettering, and amendment of NOTE filed 3-19-96; operative 3-19-96 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 12).
4. Change without regulatory effect repealing
				  subsection (a), relettering subsections, and amending newly designated
				  subsection (a) and amending NOTE filed 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
5. Change without regulatory
				  effect amending first paragraph 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
					 4927
					 and
					 4933,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1 - General Provisions › Section 1399.404 - Administration of Chapter. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 10-14-83; effective thirtieth day thereafter (Register 83, No.
				  42).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1 - General Provisions › Section 1399.405 - Delegation of Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except for those powers reserved exclusively to the "agency
				  itself" under the Administrative Procedure Act, Section
				  11500, et seq. of the Government
				  Code, the Board delegates and confers upon the executive officer of the Board,
				  or in the executive officer's absence, the designee of the executive officer,
				  all functions necessary to the dispatch of business of the Board in connection
				  with investigative and administrative proceedings under the jurisdiction of the
				  Board, including, but not limited to, the ability to approve settlement
				  agreements for the revocation, surrender, or interim suspension of a
				  license.
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 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
4. Amendment of section and NOTE
				  filed 6-2-2015; operative 10-1-2015 (Register 2015, No. 23).
5.
				  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: Section
					 4933,
					 Business and Professions Code. Reference: Sections
					 4955
					 and
					 4960,
					 Business and Professions Code; and Sections
					 11415.60
					 and
					 11500,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1 - General Provisions › Section 1399.406 - Filing of Addresses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person holding a license, registration, approval, or any
				  other authority issued under this division shall file the person's proper and
				  current mailing address with the Board, and shall notify the Board, in writing,
				  within 30 days of any and all changes of mailing address, giving both the old
				  and new address.
1. New section
				  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).
4. Amendment of
				  section and NOTE filed 3-19-96; operative 3-19-96 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 96, No. 12).
5. Change without regulatory effect amending
				  section filed 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
6. 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
					 136,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1.5 - Sponsored Free Health Care Events - Requirements for Exemption. [Repealed] › Section 1399.407 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
					 901 and
					 4933,
					 Business and Professions Code. Reference: Section
					 901, Business and
					 Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1.5 - Sponsored Free Health Care Events - Requirements for Exemption. [Repealed] › Section 1399.407.1 - Sponsoring Entity Registration and Recordkeeping Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
					 901 and
					 4933,
					 Business and Professions Code. Reference: Section
					 901, Business and
					 Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1.5 - Sponsored Free Health Care Events - Requirements for Exemption. [Repealed] › Section 1399.407.2 - Out-of-State Practitioner Authorization to Participate in Sponsored Events. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
					 901 and
					 4933,
					 Business and Professions Code. Reference: Sections
					 144
					 and
					 901, Business and
					 Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 1.5 - Sponsored Free Health Care Events - Requirements for Exemption. [Repealed] › Section 1399.407.3 - Termination of Authorization and Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections
					 901 and
					 4933,
					 Business and Professions Code. Reference: Section
					 901, Business and
					 Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.410 - Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All statements submitted by or on behalf of an applicant
				  shall be made under penalty of perjury.
1. Renumbering
				  of Article 2, Sections
				  1399.415-1399.423 to Sections
				  1399.410-1399.418 filed 2-8-80;
				  effective thirtieth day thereafter (Register 80, No. 6). For prior history, see
				  Registers 79, No. 17; 78, No. 6; 77, No. 51 and 77, No. 35.
2.
				  Amendment of NOTE filed 8-5-81; effective thirtieth day thereafter (Register
				  81, No. 32).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Sections
					 4938
					 and
					 4944,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.411 - Certification of Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Documentation submitted by or on behalf of the applicant
				  shall be certified by the appropriate official or governmental seal or
				  authority. The Board in its discretion may waive this requirement when it is
				  determined that it cannot be obtained through the exercise of due
				  diligence.
1. Amendment
				  filed 10-14-83; effective thirtieth day thereafter (Register 83, No.
				  42).
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. Reference: Sections
					 4938
					 and
					 4944,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.412 - Translation Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All documentation submitted in a language other than English
				  shall be accompanied by a translation into English certified by a translator
				  other than the applicant who shall attest to the accuracy of such translation
				  under penalty of perjury.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.413 - Application Deadline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				new applications for examination shall be submitted on a form provided by the
				Board, accompanied by such statements and documents as required. All such
				applications shall be received in the Board's Sacramento office at least 120
				calendar days prior to the date of the examination for which the application is
				made.
(b) All applications for
				re-examination shall be submitted on a form provided by the Board ("Application
				Update for Examination/Licensure", revised 3/96), accompanied by such
				statements and documents as required. All such applications shall be received
				in the Board's office at least 30 calendar days prior to the date of the
				examination for which the application is made.
(c) All transcripts and supporting documents
				from qualifying educational institutions or tutorial supervisors shall be
				received in the Board's office at least 30 calendar days prior to the date of
				examination for which an application was made.
(d) The Board may waive the foregoing filing
				dates if there are difficulties with the administration of the examination or
				other circumstances warrant.
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. Amendment filed 4-4-94; operative 5-4-94
				  (Register 94, No. 14).
4. Amendment of newly designated subsection
				  (a), new subsections (b)-(d), and amendment of NOTE filed 3-19-96; operative
				  3-19-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 12).
5. Amendment of subsections (a), (b) and (c)
				  filed 7-29-98; operative 8-28-98 (Register 98, No. 31).
6. Change
				  without regulatory effect amending section filed 2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
7. 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: Sections
					 4938,
					 4940,
					 4941
					 and
					 4944,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.414 - Denial of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Any applicant whose application is denied, may submit within 15 calendar days
				from the date of rejection, a request in writing that the applicant's
				application be presented to the Board for further evaluation.
(b) If the Board determines that an applicant
				has met the requirements for acupuncture licensure, it shall schedule the
				applicant for examination.
(c)
				Nothing in this section shall be constructed to deprive an applicant of the
				applicant's rights of appeal as afforded by other provisions of law.
1. Amendment
				  of subsection (b) 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. Amendment filed 12-11-84;
				  effective thirtieth day thereafter (Register 84, No. 50).
4.
				  Amendment of subsection (a) filed 7-2-92; operative 7-2-92 pursuant to
				  Government Code section
				  11346.2(d)
				  (Register 92, No. 28).
5. Repealer of subsection (b), subsection
				  relettering, and amendment of newly designated subsection (b) filed 7-29-98;
				  operative 8-28-98 (Register 98, No. 31).
6. Change without
				  regulatory effect amending subsections (a) and (b) filed 2-17-99 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 99, No. 8).
7. 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: Section
					 4933,
					 Business and Professions Code. Reference: Sections
					 4938
					 and
					 4944,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.415 - Documentation of Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				applicant shall have completed the education or tutorial requirements set forth
				in section
				1399.434 as documented by the
				registrar of each school from which the applicant attended or from the
				applicant's tutorial supervisor, in the case of a tutorial program.
(b) All applicants for examination shall have
				completed the coursework and training set forth in Section
				1399.434.
(c) All applicants applying for examination
				shall meet the minimum educational or tutorial requirements set forth in these
				regulations at least thirty (30) days prior to the date of the examination for
				which the application has been made.
Note: Authority cited: Section 4933, Business and
					 Professions Code. Reference: Sections 4927.5, 4938, 4939, 4940, 4941 and 4944,
					 Business and Professions Code.
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Sections
					 4938,
					 4939,
					 4940,
					 4941
					 and
					 4944,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.416 - Equivalent Training and Clinical Experience Qualifying for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order for documented educational training and clinical
				  experience to qualify for licensure under Section
				  4938(a)(2)(C) of
				  the Code, the applicant shall document that such education and experience meets
				  the requirements of Section
				  1399.434. All foreign trained
				  applicants shall submit documentation of the applicant's education to a
				  credentials evaluation service that is a member of the National Association of
				  Credentials Evaluation Services, Inc. for review and a report to the Board.
				  This report shall be filed by the applicant with the applicant's application
				  for examination.
1. New section
				  filed 2-17-87; effective thirtieth day thereafter (Register 87, No. 16). For
				  history of former Section, see Register 83, No. 42.
2. Amendment of
				  section heading, section and NOTE filed 3-19-96; operative 3-19-96 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 12).
3. Amendment filed 7-29-98; operative 8-28-98
				  (Register 98, No. 31).
4. Amendment filed 10-5-2004; operative
				  11-4-2004 (Register 2004, No. 41).
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: Sections
					 4938,
					 4939,
					 4941
					 and
					 4944,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.417 - Abandonment of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application for examination shall be
				deemed to have been abandoned and the applicant's fee forfeited in any of the
				following circumstances:
1. The applicant
				fails to complete the applicant's application within 180 calendar days after it
				has been filed. An application shall be deemed complete when all documents and
				information required to determine eligibility for examination have been
				submitted to the Board.
2. The
				applicant fails to take the licensing examination within two (2) years after
				the date that the applicant is notified by the Board of the applicant's
				eligibility to take the examination, unless prior to the application being
				deemed abandoned, the applicant submits a written explanation to the Board, of
				the applicant's inability to appear for the examination. The Board may extend
				the applicant's eligibility to take the examination for two (2) more
				consecutive administrations of the examination.
3. The applicant, after failing the
				examination, fails to take a re-examination within two (2) years after the date
				the applicant was notified of such failure, unless prior to the application
				being deemed abandoned, the applicant submits a written explanation to the
				Board, of the applicant's inability to appear for the examination. The Board
				may extend the applicant's eligibility to take the examination for two (2) more
				consecutive administrations of the examination.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.418 - Failure to Appear for Examination-Withdrawal of Application. [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. Amendment filed 10-14-83; effective thirtieth day thereafter
				  (Register 83, No. 42).
3. Amendment of first paragraph filed 7-2-92;
				  operative 7-2-92 pursuant to Government Code section
				  11346.2(d)
				  (Register 92, No. 28).
4. Repealer filed 7-25-97; operative 8-24-97
				  (Register 97, No. 30).
Note: Authority cited: Section
					 4933,
					 Business and Professions Code. Reference: Sections
					 4933
					 and
					 4944,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.419.1 - Response to Board Inquiry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board or its designee asks a licensee to provide
				  criminal history information, a licensee shall respond to that request within
				  30 days. The licensee shall make available all documents and other records
				  requested and shall respond with accurate information.
1. New section
				  filed 9-23-2010; operative 10-23-2010 (Register 2010, No. 39).
2.
				  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: Sections
					 144,
					 4928.1
					 and
					 4955,
					 Business and Professions Code; and Section
					 11105, Penal
					 Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 2 - Applications Generally › Section 1399.419.2 - Fingerprint and Disclosure Requirements for Renewal of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a condition
				of renewal for a license that expires on or after January 1, 2011, a licensee
				who was initially licensed prior to January 1, 2001, or for whom an electronic
				record of the submission of fingerprints no longer exists, shall furnish to the
				Department of Justice a full set of fingerprints for the purpose of conducting
				a criminal history record check and to undergo a state and federal level
				criminal offender record information search conducted through the Department of
				Justice.
(1) The licensee shall pay any costs
				for furnishing the fingerprints and conducting the searches.
(2) A licensee shall certify when applying
				for renewal whether the licensee's fingerprints have been furnished to the
				Department of Justice in compliance with this section.
(3) This requirement is waived if the
				licensee is renewed in an inactive status, or is actively serving in the
				military outside the United States.
(4) A licensee shall retain, for at least
				three (3) years from the renewal date, either a receipt showing the electronic
				transmission of the licensee's fingerprints to the Department of Justice or a
				receipt evidencing that the licensee's fingerprints were
				taken.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 3 - Acupuncture Tutorials › Section 1399.420 - Citation and Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall be cited and referred to as the
				  "Acupuncture Tutorial Regulations."
1. New Article
				  3 (Sections
				  1399.420-432) filed 2-8-80;
				  effective thirtieth day thereafter (Register 80, No. 6). For history of former
				  Article 3, see Registers 79, No. 17; 78, No. 51; 78, No. 43 and 77, No.
				  35.
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: Section
					 4933,
					 Business and Professions Code. Reference: Sections
					 4939,
					 4940
					 and
					 4941,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.7 - Acupuncture › Article 3 - Acupuncture Tutorials › Section 1399.421 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in these regulations:
(a) "Acupuncture tutorial" means an
				acupuncture tutorial program which is approved by the Board pursuant to Section
				4940 of the Code which when
				successfully completed meets the requirements of Section
				4938 of the Code for licensure as
				an acupuncturist.
(b) "Supervising
				acupuncturist" or "supervisor" means a licensed acupuncturist who is approved
				by the Board to provide an acupuncture tutorial to a trainee who is registered
				with the Board pursuant to Section
				4940 of the Code and these
				regulations. Pursuant to Section
				4940 no physician, podiatrist, or
				dentist may be a supervising acupuncturist unless the physician, podiatrist, or
				dentist is a licensed acupuncturist.
(c) "Trainee" means a person who is
				registered with the Board in order to participate in an acupuncture tutorial
				under a supervising acupuncturist.
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. Amendment of subsections (a) and (b) and
				  amendment of NOTE filed 7-25-97; operative 8-24-97 (Register 97, No.
				  30).
4. Change without regulatory effect amending section filed
				  2-17-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 8).
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: Sections
					 4938
					 and
					 4940,
					 Business and Professions Code.