CSOMA: California Legislative Update #4

[Guest guest]

This is a (quite biased, yet informative) presentation about pending

CA acupuncture legislation.

 

 

SUMMARY Status of Key California Legislation (extensive details and

links follow):

 

 

 

AIMS-Sponsored Bills Update

SB-356 Scope of Practice (Alarcon)

SPONSOR

FAILED

Senate B & P Committee

on April 25, 2005

 

AB-1549 Work Comp QME (Koretz)

SPONSOR

EXTENDED

to 2006 Bill

Assemblymember Leland Yee's Bills

 

AB-1113 Diagnosis (Yee)

SUPPORT

PASSED

Assembly B & P Committee

on April 26, 2005

 

AB-1114 Continuing Education (Yee)

SUPPORT

 

AB-1115 Acupuncture Assistants (Yee)

SUPPORT

 

AB-1116 Postgraduate Residency (Yee)

OPPOSE unless Amended

 

AB-1117 " Asian " medicine (Yee)

SUPPORT

Other Bills

 

SB-233 Acupuncture Board (Figueroa)

OPPOSE unless Amended

PASSED

Senate B & P Committee

on April 25, 2005

 

SB-840: Single-payer Health Care Coverage (Kuehl)

WATCH

PASSED

Senate Banking, Finance, Insurance Committee

on April 26, 2005

and

Senate Health Committee

on April 27, 2005

 

AB-681: Work Comp fee schedule (Vargas)

SUPPORT

PASSED

Assembly Insurance Committee

on April 27, 2005

 

AB-1670 Universal Health Care (Nation & Richman)

WATCH

FAILED

Assembly Health Committee

on April 26, 2005. Will be reconsidered by Committee.

 

 

DETAILS of pending bills:

 

 

 

Senate Bill 356 (SB-356): Scope of Practice

[Alarcon (District 20--San Fernando Valley)]

 

AIMS Position: SPONSOR-SUPPORT

 

Bill Status: FAILED in Senate Committee on Business, Professions, and

Consumer Protection

 

On Monday, April 25, 2005, the Senate B & P Committee voted (4 to 1)

against passage of this bill. Opposition from other health care

professions was intense. Althought this bill is now dead, AIMS is

exploring other vehicles to get all or part of this bill passed this

year.

 

This bill was our vehicle for cleaning up some " grey areas " in the

scope of practice for acupuncturists. The bill would have added a

definition of " Oriental massage " which is in the current scope but is

undefined, would have authorized Licensed Acupuncturist to order

routine diagnostic tests, and would have specifically inserted

" electrical stimulation " into authorized treatment modalities. For

details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_356 & sess=CUR

 

Assembly Bill 1549 (AB-1549): Work Comp QME

[Koretz (District 42--West Hollywood)]

 

AIMS Position: SPONSOR-SUPPORT

 

Bill Status: EXTENDED to two-year bill.

 

The Assembly Committee on Business and Professions has held AB 1549

for consideration next year, making this a " two-year bill. " After

careful analysis and consultation with Assemblymember Koretz, AIMS

concluded that the current political climate regarding Work Comp

would make most Work Comp bills all but impossible to enact this

year. AIMS agrees with and supports Assemblymember Koretz's decision

to make this a " two year " bill. We will redouble our efforts on this

bill later this year in order to assure passage in 2006.

 

This bill is aimed at improving the status of acupuncturists within

the Work Comp system. This bill would permit the Administrative of the Division of Workers' Compensation to appoint

acupuncturists as qualified medical evaluators (QME), would allow

acupuncturists to perform disability ratings within the Work Comp

system, and would permit acupuncturists and certain other health care

practitioners to enter into contracts with the Administrative to be independent medical reviewers (IMR). This bill would

eliminate discrimination against acupuncturists within the Work Comp

system. For details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1549 & sess=CUR

 

Assemblymember Leland Yee's Bills

[Assemblymember Leland Yee (District 12--San Francisco)]

 

AB-1113: Scope of Practice--Diagnostic Authority

 

AIMS Position: SUPPORT

 

Bill Status: APPROVED by Assembly Committee on Business and

Professions; REFERRED to Assembly Appropriations Committee

 

On Tuesday, April 26, 2005, the Assembly Committee on Business and

Professions voted to approve this bill (10 to 0). The bill will next

be heard by the Assembly Appropriations Committee.

 

This bill would include in the definition of acupuncture the

diagnosis of a person for the purpose of providing acupuncture

treatment. The bill would also authorize a licensee to diagnose for

the use of performing or prescribing the use of oriental massage,

acupressure, breathing techniques, exercise, heat, cold, magnets,

nutrition, diet, herbs, plant, animal, and mineral products, and

dietary supplements to promote, maintain, and restore health.

 

The profession's current scope of practice is silent on the issue of

diagnosis. Some legislators--including Senator Liz Figueroa's Joint

Committee on Boards, Commissions, and Consumer Protection--have

narrowly interpreted this to mean that Licensed Acupuncturists do not

currently have the authority to diagnose disease. The prevailing

legal opinion by the Department of Consumer Affairs is that Licensed

Acupuncturists are currently authorized to diagnose disease.

 

While AIMS has concerns about he vague language in this bill, we are

supporting it.

 

For details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1113 & sess=CUR

 

AB-1114: Continuing Education Requirements

 

AIMS Position: SUPPORT

 

Bill Status: PASSED by Assembly Committee on Business and

Professions; REFERRED to Assembly Appropriations Committee

 

On Tuesday, April 26, 2005, the Assembly Committee on Business and

Professions voted to approve this bill (10 to 0). The bill will next

be heard by the Assembly Appropriations Committee.

 

This bill would require a Licensed Acupuncturist to complete 50 hours

of continuing education every two years. This would be an increase

from the current requirement of 30 hours every two years. The bill

would require five of the hours of continuing education to be

dedicated to public health and public safety issues.

 

AIMS supports this bill. Twenty-five hours of continuing education

per year is consistent with the profession's primary health care

status. AIMS believes that a solid continuing education program is an

important part of maintaining this status.

 

For details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1114 & sess=CUR

 

AB-1115: Acupuncture Assistants

 

AIMS Position: SUPPORT

 

Bill Status: PASSED by Assembly Committee on Business and

Professions; REFERRED to Assembly Appropriations Committee

 

On Tuesday, April 26, 2005, the Assembly Committee on Business and

Professions voted to approve this bill (10 to 0). The bill will next

be heard by the Assembly Appropriations Committee.

 

This bill would create the position called " acupuncture assistant "

and restricts the services that an acupuncture assistant is

authorized to perform to non-acupuncture services.

 

AIMS supports this bill. It is consistent with our position that only

Licensed Acupuncturists should perform acupuncture services.

 

For details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1115 & sess=CUR

 

AB-1116: Postgraduate Residency Requirement

 

AIMS Position: OPPOSE unless Amended

 

Bill Status: PASSED by Assembly Committee on Business and

Professions; REFERRED to Assembly Appropriations Committee

 

On Tuesday, April 26, 2005, the Assembly Committee on Business and

Professions voted to approve this bill (10 to 0). The bill will next

be heard by the Assembly Appropriations Committee.

 

This bill would require an applicant for licensure to complete a

postgraduate residency under the supervision of a Licensed

Acupuncturist as established by the Acupuncture Board.

 

AIMS opposes this bill. While we believe that postgraduate residency

is a worthwhile idea, the profession and its educational institutions

currently lack the infrastructure needed to support such this

program. Consequently, this residency requirement would impose more

burden than benefit. AIMS believes that a residency program is

inherently complex and--to be successful--will require the active

collaboration of the profession, teaching institutions, and

regulators. This colaborative discussion has not taken place. In

short, it is a good idea that is ahead of its time.

 

We are calling on Dr. Yee to amend this bill so that participation in

the program is voluntary.

 

Click here to take action on this bill!

 

For details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1116 & sess=CUR

 

AB-1117: " Asian " medicine

 

AIMS Position: SUPPORT

 

Bill Status: PASSED by Assembly Committee on Business and

Professions; REFERRED to Assembly Appropriations Committee

 

On Tuesday, April 26, 2005, the Assembly Committee on Business and

Professions voted to approve this bill (10 to 0). The bill will next

be heard by the Assembly Appropriations Committee.

 

This bill would change the word " oriental " to " Asian " everywhere that

it appears in the Acupuncture Act.

 

AIMS supports this bill. It has been amended to define the term

" Asian medicine " as including the former term " Oriental medicine. "

 

For details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1117 & sess=CUR

 

Some of the other bills that AIMS is tracking...

 

SB-233: Acupuncture Board termination

[Figueroa (District 10--Fremont)]

 

AIMS Position: OPPOSE unless Amended

 

Bill Status: Approved by Senate Committee on Business, Professions,

and Consumer Protection; Next hearing will be in the Senate

Appropriations Committee.

 

On Monday, April 25, 2005, the Senate B & P Committee voted to pass

this bill (5 to 1). The bill has now been referred to the Senate

Appropriations Committee for hearing.

 

This bill would eliminate the Acupuncture Board and transfer its

functions to a bureau within the Department of Consumer Affairs.

 

AIMS opposes this bill unless it is amended to sunrise the Board.

There are options available to the legislature that could address all

of their concerns without eliminating the Board. Options would

include a full or partial reconstitution of the Board. Sunsetting the

Board should be a last resort.

 

Click here to take action on this bill!

 

For details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_233 & sess=CUR

 

SB-840: Single-payer Health Care Coverage

 

[Kuehl (District 23--Los Angeles)]

 

AIMS Position: WATCH

 

Bill Status: PASSED Senate Banking, Finance, Insurance Committee;

PASSED Senate Health Committee; REFERRED to Senate Appropriations

Committee

 

This bill would establish the California Health Insurance System and

would make all California residents eligible for specified health

care under this system.

 

AIMS is still analyzing this bill and--in the interim--has adopted a

" Watch " position.

 

For details visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_840 & sess=CUR

 

AB-681: Work Comp fee schedule

[Vargas (District 79--San Diego)]

 

AIMS Position: SUPPORT

 

Bill Status: PASSED by Assembly Insurance Committee on April 27,

2005; REFERRED to Assembly Appropriations Committee

 

Freezes the official medical fee schedule for Work Comp at 5% below

the December 31, 2003 rates through the year 2010.

 

AIMS supports this bill. Work Comp fees are currently set at 5% below

the December 31, 2003 rates. This bill would prevent further

decreases until 2011.

 

For details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_681 & sess=CUR

 

AB-1670: Universal Health Care Act

[Nation (District 6--San Rafael) & Richman (District 38--Granada Hills)]

 

AIMS Position: WATCH

 

Bill Status: FAILED in Assembly Health Committee; Will be

reconsidered by Committee.

 

This bill would require minimum health care coverage for all

California residents and is part of a larger legislative package

addressing universal health care reform.

 

AIMS is still analyzing this bill and--in the interim--has adopted a

" Watch " position.

 

For details, visit...

 

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1670 & sess=CUR

 

What you can do...

 

Get involved! Spread the word! Like it or not, the laws that form the

foundation for the acupuncture and Oriental medicine profession are

changing. The profession needs to be involved in charting its own

course or others will chart it for us!

 

In less than one year, AIMS has emerged as the legislative leader for

California practitioner advocacy. Join us (if you haven't already).

It's easy. Just visit our website...

 

http://www.aimsaction.org/join

 

If you are a member of another association but would like to support

the AIMS efforts to protect, promote, advance, and integrate our

profession, make a donation...http://www.aimsaction.org/donate

 

We want to hear from you! Here are a few ways you can let us know

your thoughts on all of these issues:

 

Email us! Send your comments, thoughts and suggestions to

<advocacy

Attend a dinner! AIMS hosts bimonthly meetings in and around San

Francisco, Los Angeles, and Sacramento. To receive our regional

meeting announcements, visit our subscriptions page: <http://

www.aimsaction.org/keepmeposted> .

Sincerely,

 

Bill Mosca

Executive Director, AIMS

 

The CSOMA Board of Directors