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Continuing Education - Title 16, Article 8

California Acupuncture Regulations

1399.480. Definitions.
  1. For purposes of this article:
    1. "Approved Provider" means those persons or organizations offering continuing education as approved by the Board.
    2. "Course" means a systematic learning experience, at least one hour in length, which deals with and is designed for the acquisition of knowledge, skills and information relevant to the practice of acupuncture.
    3. "Hour" means at least fifty (50) minutes of participation in an organized learning experience.
1399.481. Criteria for Provider Approval.
  1. In order to be an approved provider, a provider shall submit to the board a provider application on a form provided by the board accompanied by the fee set forth in Section 1399.462. All provider applications and documentation submitted to the board shall be typewritten and in English.
  2. The approval of the provider shall expire two (2) years after it is issued by the board and may be renewed upon the filing of the required application and fee.
  3. Acupuncture schools and colleges which have been approved by the board under Section 4939 of the code and Article 3.5 (commencing with Section 1399.436) who seek to be approved providers shall be required to submit an application to the board accompanied by the appropriate fee, but shall be deemed to have met the requirements for approval under this article.
1399.482. Approved Providers.
  1. For the purpose of this Article, the title "approved provider" can only be used when a person or organization has submitted a provider application form, remitted the appropriate fee and has been issued a provider number.
  2. A person or organization may be issued only one provider number. When two or more approved providers co-sponsor a course, the course shall be identified by only one provider number and that provider shall assume responsibility for recordkeeping, advertising, issuance of certificates and instructor(s) qualifications.
  3. An approved provider shall keep the following records for a period of four years in one identified location:
    1. Course outlines of each approved course given.
    2. Record of time and places of each approved course given.
    3. Course instructor curriculum vitaes or resumes.
    4. The attendance record for each approved course which shows the name, signature and license number of acupuncturists taking the course and a record of any certificates issued to them.
    5. Participant evaluation forms for each approved course given.
  4. Within ten (10) days of completion of an approved course, the provider shall submit to the board the following:
    1. A copy of the attendance record showing the name, signature and license number of any licensed acupuncturists who attended the approved course.
    2. The participant evaluation forms of the approved course.
  5. Approved providers shall issue, within 60 days of the conclusion of an approved course, to each participant who has completed the course, a certificate of completion which contains the following information:
    1. Provider's name and number.
    2. Course title.
    3. Participant's name and, if applicable, his or her acupuncture license number.
    4. Date and location of course.
    5. Number of continuing education hours completed.
    6. Statement directing the acupuncturist to retain the certificate for at least four (4) years from the date of completion of the course.
  6. Approved providers shall notify the board of any changes to the date or location of an approved course. A change to the date of an approved course shall not be prior to the date for which the course was approved, if the new date would occur less than 45 days from receipt of the course request.
  7. Any changes in the content of or instructor(s) for an approved course shall require prior approval of the board. A request to change the content of or instructor(s) for an approved course shall be received by the board at least ten (10) days before the course begins.
  8. Approved providers shall notify the board within 30 days of any changes in organizational structure of a provider and/or the person(s) responsible for the provider's continuing education course, including name, address, or telephone number changes.
  9. Provider approval is non-transferable.
  10. The board may audit during reasonable business hours records, courses, instructors and related activities of an approved provider.
1399.483. Approval Of Continuing Education Courses.
  1. Only an approved provider may obtain approval to offer continuing education courses.
  2. The content of all courses of continuing education shall be relevant to the practice of acupuncture and shall
    1. Be related to the knowledge and/or technical skills required to practice acupuncture, or
    2. Be related to direct and/or indirect patient care.
      Courses in acupuncture practice management or medical ethics shall also be acceptable.
  3. Each course shall include a method by which the course participants evaluate the following:
    1. The extent to which the course met its stated objectives.
    2. The adequacy of the instructor's knowledge of the course subject.
    3. The utilization of appropriate teaching methods.
    4. The applicability or usefulness of the course information.
    5. Other relevant comments.
  4. Courses designed to be completed by an individual on an independent or home study basis shall not exceed 50% of the required continuing education hours.
1399.484. Application for Course Approval.
  1. In order to obtain approval for a course, an approved provider shall submit to the board a request for course approval, in English, on a form provided by the board, or in a similar format which contains the following information:
    1. The provider's name, provider number, address, telephone number and contact person.
    2. Course title, date(s), location(s), and number of continuing education hours.
    3. Type and method of instruction and educational objectives to be met.
    4. A course outline, course description, and instructor information and qualifications.
    5. All proposed public advertisements which are intended to be used by the provider to advertise the course. Where the provider uses a public advertisement which is developed after the course has been approved and which was not provided to the board with the course request, the provider shall mail a copy of that advertisement to the board within ten (10) days after its publication.
  2. Approved providers shall obtain board approval for every course that is offered for continuing education credit. Where a previously approved course is to be repeated, the provider shall apply to the board for approval of each subsequent administration of the course.
  3. All requests for course approval shall be submitted to the board at least 45 days before the course is first offered.
1399.485. Instructors.
  1. It shall be the responsibility of each approved provider to use qualified instructors.
  2. Instructors teaching approved continuing education courses shall have the following minimum qualifications:
    1. An acupuncturist instructor, shall
      1. hold a current valid license to practice acupuncture or is otherwise authorized to act as a guest acupuncturist in accordance with section 4949 of the code and be free of any disciplinary order or probation imposed by the board, and
      2. be knowledgeable, current and skillful in the subject matter of the course as evidenced through:
        1. holding a baccalaureate or higher degree from a college or university and written documentation of experience in the subject matter; or
        2. experience in teaching similar subject matter content within the two years preceding the course; or
        3. have at least one year's experience within the last two years in the specialized area in which he or she is teaching.
    2. A non-acupuncturist instructor shall
      1. be currently licensed or certified in his or her area of expertise if appropriate, and
      2. show written evidence of specialized training, which may include, but not be limited to, a certificate of training or an advanced degree in given subject area, and
      3. have at least one year's teaching experience within the last two years in the specialized area in which he or she teaches.
1399.486. Advertisements.
  1. Information disseminated by approved providers publicizing continuing education shall be true and not misleading and shall include the following:
    1. A clear, concise description of the course content and/or objectives.
    2. The date and location of the course.
    3. The provider's name and telephone number.
    4. The statement "This course has been approved by the California Acupuncture Board, Provider Number _____, for _____ hours of continuing education."
    5. Provider's policy on refunds for cases of non-attendance or cancellations.
  2. A provider shall not describe a course as being board approved until written confirmation of approval by the board has been received by the provider. Where a provider is waiting for a determination by the board on its request for course approval, the provider may advertise that the course is "pending" approval. A provider which advertises that its course is pending approval shall assume all responsibility if a course is subsequently denied by the board.
1399.487. Denial, Withdrawal and Appeal of Approval.
  1. The board may withdraw its approval of a provider or deny a provider application for causes which include, but are not limited to, the following:
    1. Conviction of crime substantially related to the activities of a provider.
    2. Failure to comply with any provision of Chapter 12, Division 2 of the Business and Professions Code and/or Division 13.7 of Title 16 of the California Code of Regulations.
  2. Any material misrepresentation of fact by a provider or applicant in any information required to be submitted to the board is grounds for withdrawal or denial of an application.
  3. The board may withdraw its approval of a provider or a course after giving the provider written notice setting forth its reasons for withdrawal and after giving the provider a reasonable opportunity to be heard by the board or its designee.
  4. Should the board deny approval of a provider or a course request, the applicant may appeal the action by filing a letter stating the reason(s) with the board. The letter of appeal shall be filed with the board within ten (10) days of the mailing of the applicant's notification of the board's denial. The appeal shall be considered by the board or its designee. In the event that the board or its designee considers the appeal after the date of the course for which the appeal is being made, a retroactive approval may be granted.
1399.488. Processing Times for Provider and Course Request Applications.
    1. The board shall inform a provider seeking approval within ten (10) days from receipt of an application of its decision whether the application is complete and accepted for filing or is deficient and what specific information is required.
    2. Once an application is "complete," the board shall inform a provider seeking approval within 30 days after completion of the application of its decision whether the applicant meets the requirements for approval and is approved. "Completion of the application" means that a completed application form together with all required information, documentation and fees have been received by the board.
    3. The minimum, median and maximum processing times for a provider application from the time of receipt of a completed application until the board makes a decision is set forth below:

      Minimum-One (1) day
      Median-Ten (10) days
      Maximum-Thirty (30) days
    1. The board shall inform a provider seeking course approval within ten (10) days from receipt of a request for course approval of its decision whether the request is complete and accepted for filing or is deficient and what specific information is required.
    2. Once a request for course approval is complete, the board shall inform a provider within 30 days of its decision whether the course meets the requirements for approval. "Completion of the application" means that a completed application form together with all required information and documentation have been received by the board.
    3. The minimum, median and maximum processing times for a course request application from the time of receipt of a completed application until the board makes a decision is set forth below:

      Minimum-One (1) day
      Median-Ten (10) days
      Maximum-Thirty (30) days
  3. If a provider seeking approval submits a request for a course approval along with the initial provider application, the course request will not be considered for approval until the provider application is approved. In such cases, the board's processing time for the course request will be in accordance with Section 1399.488(b)(1)-(3).
1399.489. Continuing Education Compliance.
  1. When renewing an initial license which has been issued for less than two years, active licensees shall complete the following hours of board-approved continuing education:

    Period of
    Initial Licensure    		Requiring Continuing
    Education Hours
    6-8 Months10
    9-12 Months15
    13-16 Months20
    17-20 Months25
    21-24 Months30

    Thereafter, all active licensees shall complete 30 hours every two years as a condition of renewal.
  2. Each acupuncturist at the time of license renewal shall sign a statement under penalty of perjury that he or she has or has not complied with the continuing education requirements.
  3. The board may audit once each year a random sample of acupuncturists who have reported compliance with the continuing education requirement. No acupuncturist shall be subject to audit more than once every two (2) years.
  4. It shall constitute unprofessional conduct for any acupuncturist to misrepresent completion of the required continuing education.
  5. Any acupuncturist selected for audit shall be required to submit documentation or records of continuing education coursework he or she has taken and completed.
  6. Each acupuncturist shall retain for a minimum of four (4) years records of all continuing education programs attended which indicate the provider's name, title of the course or program, date(s) and location of course, and number of continuing education credits awarded.
  7. Instructors of approved continuing education courses may receive one hour of CE credit for each classroom hour completed as an instructor, up to a maximum of two (2) hours of continuing education credit per year, regardless of how many hours or courses are taught. Participation as a member of a panel presentation for an approved course shall not entitle the participant to earn continuing education credit as an instructor.
1399.489.1. Inactive License.
  1. Any acupuncturist who is not actively engaged in the practice of acupuncture desiring an inactive license under the provisions of Article 9 (commencing with Section 700) Chapter 1 of Division 2 of the code or to restore an inactive license to active status shall submit an application to the board on a form provided by it. (Active/Inactive License Application (Rev. 5/95). The applicant need not submit his or her certificate or a copy thereof to the board with the application.
  2. In order to restore an inactive license to active status, the licensee shall have completed a minimum of 30 hours of approved continuing education within the last two (2) years in compliance with this article. In the event a license has been inactive less than two (2) years, a minimum of fifteen (15) hours of continuing education will be required.
  3. The inactive status of any licensee shall not deprive the board of its authority to institute or continue a disciplinary proceeding against a licensee upon any ground provided by law or to enter an order suspending or revoking a license or otherwise taking disciplinary action against the licensee on any such ground.

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