Bill Text: CA AB2072 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Workers' compensation: acupuncturists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB2072 Detail]

Download: California-2011-AB2072-Amended.html

---

BILL NUMBER: AB 2072	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 23, 2012

    An act relating to health care practitioners. 
 An act to amend Section 3209.3 of the Labor Code, relating to
workers' compensation. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2072, as amended, Eng.  Acupuncturists: educational
requirements.   Workers' compensation: acupuncturists.
 
   Existing workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, or in the course of, employment. Existing law prohibits an
acupuncturist, as defined, from being authorized to determine
disability for certain purposes relating to workers' compensation
disability payments and benefits.  
   This bill would instead prohibit an acupuncturist from being
authorized to determine disability for these purposes unless he or
she is designated as a qualified medical evaluator pursuant to
specified provisions of law. The bill would also make technical
changes.  
   Existing law, the Acupuncture Licensure Act, provides for the
licensing and regulation of the practice of acupuncture. 

   Existing law establishes the Acupuncture Board which establishes
standards for education and training in the practice of acupuncture.
 
   This bill would state that it is the intent of the Legislature to
enact legislation that would modify the educational requirements for
acupuncturists. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 3209.3 of the   Labor
Code   is amended to read: 
   3209.3.   (a) "Acupuncturist" means a person who holds an
acupuncturist's certificate issued pursuant to Chapter 12 (commencing
with Section 4925) of Division 2 of the Business and Professions
Code.  
   (a) 
    (b)  "Physician" includes physicians and surgeons
holding an M.D. or D.O. degree, psychologists, acupuncturists,
optometrists, dentists, podiatrists, and chiropractic practitioners
licensed by California state law and within the scope of their
practice as defined by California state law. 
   (b) 
    (c)  "Psychologist" means a licensed psychologist with a
doctoral degree in psychology, or a doctoral degree deemed
equivalent for licensure by the Board of Psychology pursuant to
Section 2914 of the Business and Professions Code, and who either has
at least two years of clinical experience in a recognized health
setting or has met the standards of the National Register of the
Health Service Providers in Psychology. 
   (c) 
    (d)  When treatment or evaluation for an injury is
provided by a psychologist, provision shall be made for appropriate
medical collaboration when requested by the employer or the insurer.

   (d) "Acupuncturist" means a person who holds an acupuncturist's
certificate issued pursuant to Chapter 12 (commencing with Section
4925) of Division 2 of the Business and Professions Code. 

   (c) 
    (e)    Nothing in this section shall be
construed to authorize  acupuncturists   an
acupuncturist  to determine disability for the purposes of
Article 3 (commencing with Section 4650) of Chapter 2 of Part 2, or
under Section 2708 of the Unemployment Insurance Code  , unless
he or she is designated as a qualified medical evaluator under
Section 139.2  . 
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would modify the educational requirements
for acupuncturists.