4925.  (a) This chapter constitutes the chapter on acupuncture of
the Business and Professions Code.
   This chapter shall be known and may be cited as the Acupuncture
Licensure Act.  Whenever a reference is made to the Acupuncture
Licensure Act by the provisions of any statute, it is to be construed
as referring to the provisions of this chapter.
   (b) Any reference in this chapter, or to the regulations
pertaining thereto, to "certificate" or "certification" shall
hereafter mean "license" or "licensure."  Any reference to the term
"certifying" means "licensing," and the term "certificate holder"
means "licensee."  Any reference to the "Acupuncture Committee" or
"committee" means the "Acupuncture Board" or "board."




4926.  In its concern with the need to eliminate the fundamental
causes of illness, not simply to remove symptoms, and with the need
to treat the whole person, the Legislature intends to establish in
this article, a framework for the practice of the art and science of
oriental medicine through acupuncture.
   The purpose of this article is to encourage the more effective
utilization of the skills of acupuncturists by California citizens
desiring a holistic approach to health and to remove the existing
legal constraints which are an unnecessary hinderance to the more
effective provision of health care services.  Also, as it effects the
public health, safety, and welfare, there is a necessity that
individuals practicing acupuncture be subject to regulation and
control as a primary health care profession.



4927.  As used in this chapter, unless the context otherwise
requires:
   (a) "Board" means the Acupuncture "Board".
   (b) "Person" means any individual, organization, or corporate
body, except that only individuals may be licensed under this
chapter.
   (c) "Acupuncturist" means an individual to whom a license has been
issued to practice acupuncture pursuant to this chapter, which is in
effect and is not suspended or revoked.
   (d) "Acupuncture" means the stimulation of a certain point or
points on or near the surface of the body by the insertion of needles
to prevent or modify the perception of pain or to normalize
physiological functions, including pain control, for the treatment of
certain diseases or dysfunctions of the body and includes the
techniques of electroacupuncture, cupping, and moxibustion.



4928.  The Acupuncture Board, which consists of nine members, shall
enforce and administer this chapter.
  This section shall become inoperative on July 1, 2003, and, as of
January 1, 2004, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2004, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).




4929.  Four members of the board shall be acupuncturists with at
least five years of experience in acupuncture and not licensed as
physicians and surgeons, one member of the board shall be a physician
and surgeon licensed in this state with two years of experience in
acupuncture, and four members shall be public members who do not hold
a license or certificate as a physician and surgeon or
acupuncturist.
   The Governor shall appoint the four acupuncturist members
qualified as provided in this section, who shall be appointed to
represent a cross section of the cultural backgrounds of licensed
members of the acupuncturist profession, two of the public members,
and the one licensed physician and surgeon member qualified as
provided in this section.  All members appointed to the board by the
Governor shall be subject to confirmation by the Senate.  The Senate
Rules Committee and the Speaker of the Assembly shall each appoint a
public member.  Any member of the board may be removed by the
appointing power for neglect of duty, misconduct, or malfeasance in
office, after being provided with a written statement of the charges
and an opportunity to be heard.



4929.5.  In the reduction of the membership of the board or a
successor board or entity from 11 to 9 members, the following
transition provisions shall apply:
   (a) Upon the first expiration, after January 1, 1999, of the term
of a physician and surgeon member, the board shall be reduced to 10
members, five of whom shall be acupuncturist members, one of whom
shall be a physician and surgeon, and four of whom shall be public
members.  Notwithstanding any other provision of law, the term of
that physician and surgeon member shall not be extended for any
reason.
   (b) Upon the first expiration, after January 1, 2000, of the term
of an acupuncturist member, the board shall be reduced to nine
members, four of whom shall be acupuncturist members, one of whom
shall be a physician and surgeon, and four of whom shall be public
members.  Notwithstanding any other provision of law, the term of
that acupuncturist member shall not be extended for any reason.




4930.  Each member of the board shall be appointed for a term of
four years.


4931.  Each member of the board shall receive per diem and expenses
as provided in Section 103.



4933.  (a) The board shall administer this chapter.
   (b) The board may adopt, amend, or repeal, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
regulations as may be necessary to enable it to carry into effect the
provisions of law relating to the practice of acupuncture.
   (c) A majority of the appointed members of the board shall
constitute a quorum to conduct business.
   (d) It shall require an affirmative vote of a majority of those
present at a meeting of the board to take any action or pass any
motion.


4934.  The board shall employ personnel necessary for the
administration of this chapter; however, the board may appoint an
executive officer who is exempt from the provisions of the Civil
Service Act.
  This section shall become inoperative on July 1, 2003, and, as of
January 1, 2004, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2004, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).