In its written objection, CMA said that the state legislature had carefully crafted the Acupuncture Licensure Act to assure "that individuals practicing acupuncture be subject to regulation and control as a primary health care profession" by the Acupuncture Board, but the law does not authorize acupuncturists to conduct histories and physicals, order diagnostic tests, or diagnose disease.

CMA said the proposed training program "anticipates activities by acupuncturists not allowed under current law." CMA does not believe the Acupuncture Board has the legal authority to implement regulations that would essentially expand authorized practice activities for acupuncturists beyond those clearly stated in California Business & Professions Code Section 4937.

CMA also pointed out that the legislature recently asked the Little Hoover Commission, an independent state oversight organization, to study scope of practice and education requirements for acupuncturists and to report back by September 2004, rendering these regulations premature and unnecessary.

Contact: Sandra Bressler, 415/882-5171 or sbressler@cmanet.org.