Regulation of Acupuncture: A Complementary Therapy Framework
Full Report
Executive Summary
Press Release
Fact Sheet
Study Description
On the request of the Legislature, the Commission reviewed the regulation of acupuncture in California. SB 1951 and AB 1943 requested that the Commission make recommendations on specific issues by September 2004. SB 1951 (Figueroa 2002) comprised the core of the work required. Key issues included scope of practice and educational requirements for acupuncturists, the process for accrediting acupuncture schools and for examining licensees.
Agenda
Overview
For this report, the Commission was asked by the Governor and Legislature to assess some longstanding and contentious issues regarding the state’s regulation of the acupuncture profession. Specifically SB 1951 and AB 1943 requested that the Commission review the scope of practice and educational requirements for acupuncturists, the process for accrediting acupuncture schools and for examining licensees.
During its review, the Commission identified three underlying tensions or conflicts that make it difficult to assess and reconcile the demands of the profession with the role of state government:
- The nexus between traditional Oriental and Western medicine is poorly defined.
- The profession has sought to elevate its standing through the regulatory process.
- Acupuncturists and the Acupuncture Board are concerned that relying on national standards and procedures will hold back the profession in California.
The Commission concluded that the Accreditation Commission of Acupuncture and Oriental Medicine should be relied upon to validate the quality of acupuncture training schools. The Commission, however, concluded that the State should continue to use its own examination as the regulatory threshold to practice in California, rather than rely on the national exam. The Commission also identified additional opportunities for the State’s consumer protection agencies, including the Acupuncture Board, to safeguard patients against practices or products that can threaten their safety and the public health – perhaps more importantly, measures to control infections.

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October 222003Acupuncture Regulation1:00 p.m.Advisory Committee MeetingAgenda
AGENDA
Advisory Committee Meeting on Acupuncture Regulation
Wednesday, October 22, 2003, 1:00 p.m. – 4:30 p.m.
University of Southern California, Midtown Sacramento Campus
1800 I Street, Sacramento, CA
1:00 p.m. – 1:10 p.m.Opening Remarks/Introductions
(Subcommittee Chairman David Epstein)1:10 p.m. – 1:15 p.m.
Review Advisory Committee Process & Meeting Goals
(Executive Director Jim Mayer)1:15 p.m. – 2:00 p.m.
Explore the role of boards in consumer protection v. advocacy of the profession.
Initiated by comments from Julianne D’Angelo Fellmeth Administrative Director, Center for Public Interest Law2:00 p.m. – 3:00 p.m.
Explore how the scope of practice has evolved and how it should be set, including the roles of the board, the profession, the Legislature and research.
Initiated by comments from Donald Chang Legal Counsel, California Acupuncture Board Department of Consumer Affairs3:00 p.m. – 3:15 p.m. Break
3:15 p.m. – 4:30 p.m.
Explore mechanisms for ensuring competency, via testing and other means.
Initiated by comments from Tracy Ferrel Chief, Office of Examination Resources Department of Consumer Affairs -
September 252003Acupuncture Regulation9:00 a.m., State Capitol, Room 112, Sacramento, CAPublic HearingAgenda
AGENDA
Public Hearing on Acupuncture Regulation
Thursday, September 25, 2003, at 9:00 a.m.
State Capitol, Room 112
Sacramento, CA
Opening RemarksPanel – Evolution of Acupuncture in U.S. & California
- Alan Trachtenberg, M.D., M.P.H., Former Planning Chair, NIH Consensus Conference on Acupuncture; Medical Director, Office of Pharmacologic and Alternative Therapies, U.S. Public Health Service, Center for Substance Abuse Treatment
- Steven Rosenblatt, M.D., Ph.D., L.Ac., Co-founder and former Clinical Director, UCLA Acupuncture Clinic; Former Director, Complementary Medicine Program, Cedars-Sinai Medical Center (Written Testimony)
Panel – Perspectives on Regulation- Sandra Bressler, J.D., Vice President, Center for Medical and Regulatory Policy, California Medical Association (Written Testimony)
- Harley Goldberg, D.O., Director of Complementary and Alternative Medicine, The Permanente Medical Group, Kaiser (Written Testimony)
- Norman R. Hertz, Ph.D., Former Chief, Office of Examination Resources, California Department of Consumer Affairs (Written Testimony)
Panel – California Acupuncture Board- Pei Li Zhong-Fong, L.Ac., Chair, California Acupuncture Board
- Shari Asplund, Vice Chair, California Acupuncture Board
- Marilyn Nielsen, Executive Officer, California Acupuncture Board
- Members of the California Acupuncture Board submitted combined Written Testimony
- The Board also submitted a letter to the Commission in response to written testimony from Norman Hertz:
California Acupucture Board letter to the Commission dated October 6, 2003 (Letter)
Public Comments
- Alan Trachtenberg, M.D., M.P.H., Former Planning Chair, NIH Consensus Conference on Acupuncture; Medical Director, Office of Pharmacologic and Alternative Therapies, U.S. Public Health Service, Center for Substance Abuse Treatment
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September 242003Acupuncture Regulation1:00 – 4:30 p.m., University of Southern California, Midtown SacramAdvisory Committee MeetingAgenda
AGENDA
Advisory Committee Meeting on Acupuncture Regulation
Wednesday, September 24, 2003, 1:00 p.m. – 4:30 p.m.
University of Southern California, Midtown Sacramento Campus
1800 I Street, Sacramento, CA
Meeting Goal: Explore the legislative questions in SB 1951 and AB 1943 on education:- Review and make recommendations on the education requirements for acupuncturists.
- Review increasing curriculum hours for the licensure of acupuncturists in excess of 3,000 hours up to 4,000 hours to fully and effectively provide health services under their scope of practice.
- Reviewing the competence of licensed acupuncturists who are not subject to the 3,000-hour minimum curriculum requirement, and [the] training, testing or continuing education that would be required for these individuals to meet the standards for continued licensure.
1:00 p.m. – 1:15 p.m.
Opening Remarks/Introductions (Subcommittee Chairman David Epstein)
1:15 p.m. – 1:20 p.m.
Review Advisory Committee Process & Meeting Goals (Executive Director Jim Mayer)
1:20 p.m. – 1:25 p.m.
Howard Kong, L.Ac. President, CA State Oriental Medical Association (Written Testimony)
1:25 p.m. – 1:30 p.m.
Matthew Bauer, L.Ac. La Verne Acupuncture (Written Testimony)
1:30 p.m. – 2:45 p.m.
Discussion
2:45 p.m. – 3:00 p.m.
Break
3:00 p.m. – 3:05 p.m.
Fred Lerner, D.C., Ph.D., Chairman National Board of Acupuncture Orthopedics (Written Testimony)
3:10 p.m. – 3:15 p.m.
Donald E. (Deke) Kendall, O.M.D., Ph.D., L.Ac. National Guild for Acupuncture and Oriental Medicine Director for Education and Research (Written Testimony)
3:15 p.m. – 4:30 p.m.
Discussion
- Review and make recommendations on the education requirements for acupuncturists.
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August 282003Acupuncture Regulation9:00 a.m., State Capitol, Room 4203, Sacramento, CAPublic HearingAgenda
AGENDA
Public Hearing on Acupuncture Regulation
Thursday, August 28, 2003, at 9:00 a.m.
State Capitol, Room 4203
Sacramento, CA
Opening RemarksPanel 1 – Overview
- Richard G. Fong, D.C., L.Ac. (Written Testimony)
- Gary Klapman, M.D., L.Ac. (Written Testimony)
Panel 2 – Perspectives on State Issues from Key Stakeholders
- Michelle Lau, L.Ac., President, Council of Acupuncture and Oriental Medicine Associations (CAOMA) (Written Testimony)
- Brian C. Fennen, L.Ac., Executive Director, Council of Acupuncture and Oriental Medicine Associations (CAOMA) (Written Testimony, Attachment 1, Attachment 2)
- Lixin Huang, President, American College of Traditional Chinese Medicine, and President of the Council of Colleges of Acupuncture and Oriental Medicine (Written Testimony)
Panel 3 – Perspectives on National Issues
- Christina Herlihy, Ph.D., Chief Executive Officer, National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) (Written Testimony)
- Penelope Ward, Director of Professional Services, Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM) (Written Testimony)
Panel 4 – Regulatory Perspectives
(Please note: due to time constraints, this panel did not give oral testimony. The panel will testify before the Commission at the next public hearing on acupunture regulation on September 25th, 2003)- Pei Li Zhong-Fong, L.Ac., Chair, California Acupuncture Board
- Shari Asplund, Vice Chair, California Acupuncture Board
- Marilyn Nielsen, Executive Officer, California Acupuncture Board
- Norman R. Hertz, Ph.D., Former Chief, Office of Examination Resources, California Department of Consumer Affairs
Public Comments
- Richard G. Fong, D.C., L.Ac. (Written Testimony)
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August 272003Acupuncture Regulation1:00 - 4:30 p.m., University of Southern California, Midtown SacramAdvisory Committee MeetingAgenda
AGENDA
Advisory Committee Meeting on Acupuncture Regulation
Wednesday, August 27, 2003, 1:00 – 4:30 p.m.
University of Southern California, Midtown Sacramento Campus
1800 I Street, Sacramento, CA
Meeting Goals:- Review consumer protection issues.
- Review scope of practice questions from survey.
- Click here to view questions from survey for reference.
1:00 p.m. – 1:45 p.m.
Opening Remarks and Introductions
David Epstein, Subcommittee Chair, Little Hoover Commission1:45 p.m. – 1:55 p.m.
Advisory Committee Process & Meeting Goals
Jim Mayer, Executive Director, Little Hoover Commission1:55 p.m. – 2:00 p.m.
Review Scope of Study
Hattie Rees Hanley, Project Manager, Little Hoover Commission2:00 p.m. – 3:00 p.m.
Identify & Distill Consumer Protection Issues
3:00 p.m. – 3:10 p.m.
Break
3:10 p.m. – 4:30 p.m.
Identify & Distill Scope of Practice Concerns
There will be an opportunity for public comment at the end of the discussion. Please notify Commission staff if you would like to make a comment.

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October 222003Acupuncture Regulation1:00 p.m.Advisory Committee MeetingAgenda
AGENDA
Advisory Committee Meeting on Acupuncture Regulation
Wednesday, October 22, 2003, 1:00 p.m. – 4:30 p.m.
University of Southern California, Midtown Sacramento Campus
1800 I Street, Sacramento, CA
1:00 p.m. – 1:10 p.m.Opening Remarks/Introductions
(Subcommittee Chairman David Epstein)1:10 p.m. – 1:15 p.m.
Review Advisory Committee Process & Meeting Goals
(Executive Director Jim Mayer)1:15 p.m. – 2:00 p.m.
Explore the role of boards in consumer protection v. advocacy of the profession.
Initiated by comments from Julianne D’Angelo Fellmeth Administrative Director, Center for Public Interest Law2:00 p.m. – 3:00 p.m.
Explore how the scope of practice has evolved and how it should be set, including the roles of the board, the profession, the Legislature and research.
Initiated by comments from Donald Chang Legal Counsel, California Acupuncture Board Department of Consumer Affairs3:00 p.m. – 3:15 p.m. Break
3:15 p.m. – 4:30 p.m.
Explore mechanisms for ensuring competency, via testing and other means.
Initiated by comments from Tracy Ferrel Chief, Office of Examination Resources Department of Consumer Affairs -
September 252003Acupuncture Regulation9:00 a.m., State Capitol, Room 112, Sacramento, CAPublic HearingAgenda
AGENDA
Public Hearing on Acupuncture Regulation
Thursday, September 25, 2003, at 9:00 a.m.
State Capitol, Room 112
Sacramento, CA
Opening RemarksPanel – Evolution of Acupuncture in U.S. & California
- Alan Trachtenberg, M.D., M.P.H., Former Planning Chair, NIH Consensus Conference on Acupuncture; Medical Director, Office of Pharmacologic and Alternative Therapies, U.S. Public Health Service, Center for Substance Abuse Treatment
- Steven Rosenblatt, M.D., Ph.D., L.Ac., Co-founder and former Clinical Director, UCLA Acupuncture Clinic; Former Director, Complementary Medicine Program, Cedars-Sinai Medical Center (Written Testimony)
Panel – Perspectives on Regulation- Sandra Bressler, J.D., Vice President, Center for Medical and Regulatory Policy, California Medical Association (Written Testimony)
- Harley Goldberg, D.O., Director of Complementary and Alternative Medicine, The Permanente Medical Group, Kaiser (Written Testimony)
- Norman R. Hertz, Ph.D., Former Chief, Office of Examination Resources, California Department of Consumer Affairs (Written Testimony)
Panel – California Acupuncture Board- Pei Li Zhong-Fong, L.Ac., Chair, California Acupuncture Board
- Shari Asplund, Vice Chair, California Acupuncture Board
- Marilyn Nielsen, Executive Officer, California Acupuncture Board
- Members of the California Acupuncture Board submitted combined Written Testimony
- The Board also submitted a letter to the Commission in response to written testimony from Norman Hertz:
California Acupucture Board letter to the Commission dated October 6, 2003 (Letter)
Public Comments
- Alan Trachtenberg, M.D., M.P.H., Former Planning Chair, NIH Consensus Conference on Acupuncture; Medical Director, Office of Pharmacologic and Alternative Therapies, U.S. Public Health Service, Center for Substance Abuse Treatment
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September 242003Acupuncture Regulation1:00 – 4:30 p.m., University of Southern California, Midtown SacramAdvisory Committee MeetingAgenda
AGENDA
Advisory Committee Meeting on Acupuncture Regulation
Wednesday, September 24, 2003, 1:00 p.m. – 4:30 p.m.
University of Southern California, Midtown Sacramento Campus
1800 I Street, Sacramento, CA
Meeting Goal: Explore the legislative questions in SB 1951 and AB 1943 on education:- Review and make recommendations on the education requirements for acupuncturists.
- Review increasing curriculum hours for the licensure of acupuncturists in excess of 3,000 hours up to 4,000 hours to fully and effectively provide health services under their scope of practice.
- Reviewing the competence of licensed acupuncturists who are not subject to the 3,000-hour minimum curriculum requirement, and [the] training, testing or continuing education that would be required for these individuals to meet the standards for continued licensure.
1:00 p.m. – 1:15 p.m.
Opening Remarks/Introductions (Subcommittee Chairman David Epstein)
1:15 p.m. – 1:20 p.m.
Review Advisory Committee Process & Meeting Goals (Executive Director Jim Mayer)
1:20 p.m. – 1:25 p.m.
Howard Kong, L.Ac. President, CA State Oriental Medical Association (Written Testimony)
1:25 p.m. – 1:30 p.m.
Matthew Bauer, L.Ac. La Verne Acupuncture (Written Testimony)
1:30 p.m. – 2:45 p.m.
Discussion
2:45 p.m. – 3:00 p.m.
Break
3:00 p.m. – 3:05 p.m.
Fred Lerner, D.C., Ph.D., Chairman National Board of Acupuncture Orthopedics (Written Testimony)
3:10 p.m. – 3:15 p.m.
Donald E. (Deke) Kendall, O.M.D., Ph.D., L.Ac. National Guild for Acupuncture and Oriental Medicine Director for Education and Research (Written Testimony)
3:15 p.m. – 4:30 p.m.
Discussion
- Review and make recommendations on the education requirements for acupuncturists.
-
August 282003Acupuncture Regulation9:00 a.m., State Capitol, Room 4203, Sacramento, CAPublic HearingAgenda
AGENDA
Public Hearing on Acupuncture Regulation
Thursday, August 28, 2003, at 9:00 a.m.
State Capitol, Room 4203
Sacramento, CA
Opening RemarksPanel 1 – Overview
- Richard G. Fong, D.C., L.Ac. (Written Testimony)
- Gary Klapman, M.D., L.Ac. (Written Testimony)
Panel 2 – Perspectives on State Issues from Key Stakeholders
- Michelle Lau, L.Ac., President, Council of Acupuncture and Oriental Medicine Associations (CAOMA) (Written Testimony)
- Brian C. Fennen, L.Ac., Executive Director, Council of Acupuncture and Oriental Medicine Associations (CAOMA) (Written Testimony, Attachment 1, Attachment 2)
- Lixin Huang, President, American College of Traditional Chinese Medicine, and President of the Council of Colleges of Acupuncture and Oriental Medicine (Written Testimony)
Panel 3 – Perspectives on National Issues
- Christina Herlihy, Ph.D., Chief Executive Officer, National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) (Written Testimony)
- Penelope Ward, Director of Professional Services, Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM) (Written Testimony)
Panel 4 – Regulatory Perspectives
(Please note: due to time constraints, this panel did not give oral testimony. The panel will testify before the Commission at the next public hearing on acupunture regulation on September 25th, 2003)- Pei Li Zhong-Fong, L.Ac., Chair, California Acupuncture Board
- Shari Asplund, Vice Chair, California Acupuncture Board
- Marilyn Nielsen, Executive Officer, California Acupuncture Board
- Norman R. Hertz, Ph.D., Former Chief, Office of Examination Resources, California Department of Consumer Affairs
Public Comments
- Richard G. Fong, D.C., L.Ac. (Written Testimony)
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August 272003Acupuncture Regulation1:00 - 4:30 p.m., University of Southern California, Midtown SacramAdvisory Committee MeetingAgenda
AGENDA
Advisory Committee Meeting on Acupuncture Regulation
Wednesday, August 27, 2003, 1:00 – 4:30 p.m.
University of Southern California, Midtown Sacramento Campus
1800 I Street, Sacramento, CA
Meeting Goals:- Review consumer protection issues.
- Review scope of practice questions from survey.
- Click here to view questions from survey for reference.
1:00 p.m. – 1:45 p.m.
Opening Remarks and Introductions
David Epstein, Subcommittee Chair, Little Hoover Commission1:45 p.m. – 1:55 p.m.
Advisory Committee Process & Meeting Goals
Jim Mayer, Executive Director, Little Hoover Commission1:55 p.m. – 2:00 p.m.
Review Scope of Study
Hattie Rees Hanley, Project Manager, Little Hoover Commission2:00 p.m. – 3:00 p.m.
Identify & Distill Consumer Protection Issues
3:00 p.m. – 3:10 p.m.
Break
3:10 p.m. – 4:30 p.m.
Identify & Distill Scope of Practice Concerns
There will be an opportunity for public comment at the end of the discussion. Please notify Commission staff if you would like to make a comment.