Title 16, Article 6. Miscellaneous Provisions
- (a) The application fee shall be seventy-five dollars ($75).
- (b) The examination and reexamination fee shall be five hundred, fifty dollars ($550), plus the applicable fingerprint processing fee in effect at the time the application is submitted.
- (c) In order to establish and administer a birth date renewal program, the initial license fee for an acupuncture license will be based on the date the license is issued and the birthmonth of the applicant. No license will be issued for less than twelve (12) months. The fee for an initial license shall be in accordance with the following schedule:
Birth Month Month Fee Received Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec January $176 $325 $312 $298 $285 $271 $257 $244 $230 $217 $203 $190 February $190 $176 $325 $312 $298 $285 $271 $257 $244 $230 $217 $203 March $203 $190 $176 $325 $312 $298 $285 $271 $257 $244 $230 $217 April $217 $203 $190 $176 $325 $312 $298 $285 $271 $257 $244 $230 May $230 $217 $203 $190 $176 $325 $312 $298 $285 $271 $257 $244 June $244 $230 $217 $203 $190 $176 $325 $312 $298 $285 $271 $257 July $257 $244 $230 $217 $203 $190 $176 $325 $312 $298 $285 $271 August $271 $257 $244 $230 $217 $203 $190 $176 $325 $312 $298 $285 September $285 $271 $257 $244 $230 $217 $203 $190 $176 $325 $312 $298 October $298 $285 $271 $257 $244 $230 $217 $203 $190 $176 $325 $312 November $312 $298 $285 $271 $257 $244 $230 $217 $203 $190 $176 $325 December $325 $312 $298 $285 $271 $257 $244 $230 $217 $203 $190 $176
- (d) Effective January 1, 1996, the biennial renewal fee for a licensed acupuncturist shall be three hundred twenty-five dollars ($325).
- (e) An expired license may be renewed at any time within three years after its expiration. The licensee will be required to pay all accrued and unpaid renewal fees, plus any delinquency fee.
- (f) The delinquency fee is twenty-five dollars ($25).
- (g) The application fee for the approval of a school or college shall be one thousand and five hundred dollars ($1,500).
- (h) The fee for a duplicate or replacement engraved wall license shall be fifteen dollars ($15).
- (i) The fee for a duplicate or replacement renewal receipt/pocket license shall be ten dollars ($10).
- (j) The fee for a letter of endorsement shall be ten dollars ($10).
The annual renewal fees shall be due within 30 days of completion of one (1) year of an approved acupuncture tutorial.
The approval fee for each provider of continuing education shall be $150.00.
- (a) The executive officer of the board is authorized to issue a citation which may contain an order of abatement or an administrative fine for violations by a licensee of the statutes contained in the Acupuncture Licensure Act (commencing with Business and Professions Code Section 4925 et seq.) or the regulations adopted by the board. For purposes of this Section and Sections 1399.464, 1399.466, 1399.467, and 1399.468, the term "licensee" refers to either a California licensed acupuncturist or a board approved continuing education provider.
- (b) Each citation shall be in writing and shall describe with particularity the nature and facts of the violation, including a reference to the statute or regulation alleged to have been violated. The citation shall be served upon the licensee personally or by certified mail.
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; fiduciary abuse (as defined in Welfare and Institution Code Section 15610).
- (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.
(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) Such other factors as justice may require.
(b) Notwithstanding the administrative fine amounts specified in subsection (a), a citation may include a fine between $2,501 and $5,000 if one or more of the following circumstances apply:
- (1) The citation involves a violation that has an immediate relationship to the health and safety of another person.
- (2) The cited person has a history of two or more prior citations of the same or similar violations.
- (3) The citation involves multiple violations that demonstrate a willful disregard of the law.
- (4) The citation involves a violation or violations perpetrated against a senior citizen or person with disabilities.
- (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.
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 of these regulations. 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.
- (a) In addition to requesting a hearing provided for in subdivision (b)(4) of section 125.9 of the code, the person cited may, within ten (10) days after service or receipt of the citation, notify the executive officer in writing of his or her 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 his or her action and serve or mail, as provided in subsection (b) of section 1399.463, a copy of his or her findings and decision to the person cited within ten 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 his or her 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 new citation issued. If a hearing is requested for the subsequent citation, it shall be requested within 30 days in accordance with subdivision (b)(4) of section 125.9.
In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the Acupuncture 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 Acupuncture 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.
- (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:
- 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.
- 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.
- Deny any petition to reinstate or reissue the individual's license.
- (b) This section shall not apply to any of the following:
- An individual who has been relieved under Section 290.5 of the Penal Code of his or her duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law or the law of the jurisdiction that required registration.
- An individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code, provided, however, that nothing in this paragraph shall prohibit the board from exercising its discretion to discipline a licensee under any other provision of state law based upon the licensee's conviction under section 314 of the Penal Code.
- Any administrative proceeding that is fully adjudicated prior to the effective date of this regulation. A petition for reinstatement of a revoked or surrendered license shall be considered a new proceeding for purposes of this paragraph, and the prohibition in subsection (a) against reinstating a license shall govern.
In addition to the conduct described in Section 4955 of the Business and Professions 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:
- A provision that prohibits another party to the dispute from contacting, cooperating, or filing a complaint with the board.
- A provision that requires another party to the dispute to attempt to withdraw a complaint the party has filed with the board.
- (b) Failure to provide to the board, as directed, lawfully requested copies of documents within 15 days of receipt of the request or within the time specified in the request, whichever is later, unless the licensee is unable to provide the documents within this time period for good cause, including but not limited to, physical inability to access the records in the time allowed due to illness or travel. This subsection shall not apply to a licensee who does not have access to, and control over, medical records.
- (c) Failure to cooperate and participate in any board investigation pending against the licensee. This subsection shall not be construed to deprive a licensee of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subsection shall not be construed to require a licensee to cooperate with a request that would require the licensee to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the licensee's practice. Any exercise by a licensee of any constitutional or statutory privilege shall not be used against the licensee in a regulatory or disciplinary proceeding against the licensee.
- (d) Failure to report to the board within 30 days any of the following:
- The bringing of an indictment or information charging a felony against the licensee.
- The arrest of the licensee.
- The conviction of the licensee, including any verdict of guilty, or pleas of guilty or no contest, of any felony or misdemeanor.
- Any disciplinary action taken by another licensing entity or authority of this state or of another state or an agency of the federal government or the United States military.
- (e) Failure or refusal to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board.