Cal. Code Regs. tit. 16 § 1399.425

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1399.425 - Requirements for Approval of an Acupuncture Tutorial
(a) An acupuncture tutorial shall provide a trainee with a structured learning experience in all the basic skills and knowledge necessary for the independent practice of acupuncture.
(b) An acupuncture tutorial which is in the nature of on-the-job training may be full time or part time employment relationship, however, the training plan and proposed supervision shall be contained in a written agreement between the supervisor and trainee. There shall be no tuition fees charged to the trainee by the supervising acupuncturist.
(c) An acupuncture tutorial shall provide formal clinical training with supplemental theoretical and didactic instruction. The theoretical and didactic training required in subsections (e)(8) through (e)(20) shall be obtained in an approved acupuncture school or another postsecondary educational institution which is accredited or approved under Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code or is accredited by a regional accrediting agency authorized by the U.S. Department of Education.
(d) The clinical training shall consist of a minimum of 2250 hours in the following areas:
(1) Practice observation.
(2) History and physical examination.
(3) Therapeutic treatment planning.
(4) Preparation of the patient.
(5) Sterilization, use, and maintenance of equipment.
(6) Moxibustion.
(7) Electroacupuncture (AC and DC voltages).
(8) Body and auricular acupuncture.
(9) Treatment of emergencies, including cardiopulmonary resuscitation.
(10) Pre- and post-treatment instructions to the patient.
(11) Contraindications and precautions.
(e) The theoretical and didactic training shall consist of a minimum of 1548 hours (approximately 100 semester units) in the following areas:

Minimum Class Hours
(1) Traditional Asian medicine--a survey of the theory and practice of traditional diagnostic and therapeutic procedures.
(2) Acupuncture anatomy and physiology--fundamentals of acupuncture, including the meridian system, special and extra loci, and auriculotherapy.
(3) Acupuncture techniques--instruction in the use of needling techniques, moxibustion, electroacupuncture, including contraindications and complications. Tutorial trainees shall either (1) successfully complete, at a Board-approved acupuncture school, a course which requires a student to pass an examination in clean needle technique that uses as its primary reference the most current edition of the "Clean Needle Technique Manual", published by the National Acupuncture Foundation, or (2) successfully complete a Clean Needle Technique course administered by the Council of Colleges of Acupuncture and Herbal Medicine.
(4) Acupressure.
(5) Breathing techniques--introductory course in qi gong.
(6) Traditional Asian exercise--introductory course in tai chi chuan.660
(7) Traditional Asian herbology including botany.300
(8) Practice management--instruction in the legal and ethical aspects of maintaining a professional practice, including record keeping, professional liability, patient accounts, and referral procedures.
(9) Ethics relating to the practice of acupuncture.30
(10) Clinical medicine--a survey of the clinical practice of medicine, osteopathy, dentistry, psychology, nursing, chiropractic, podiatry, and homeopathy to familiarize practitioners with the practices of other health care practitioners.
(11) History of medicine--a survey of medical history, including transcultural healing practices.
(12) Medical terminology--fundamentals of English language medical terminology.
(13) General sciences--a survey of or courses in general biology, chemistry, and physics.
(14) Anatomy--a survey of microscopic and gross anatomy and neuroanatomy.
(15) General Psychology--including counseling skills.
(16) Physiology--a survey of basic physiology, including neurophysiology, endocrinology, and neurochemistry.
(17) Pathology--a survey of the nature of disease and illness, including microbiology, immunology, psychopathology, and epidemiology.
(18) Clinical sciences--a review of internal medicine, pharmacology, neurology, surgery, obstetrics/gynecology, urology, radiology, nutrition, vitamins, and public health.
(19) Western pharmacology.558
(20) A minimum of eight (8) hours in a certified course offering first-aid and adult/child cardiopulmonary resuscitation (CPR). Such course shall be taken from the American Red Cross, American Heart Association, or other organization with an equivalent course work approved by the Board.

(f) The course work specified in this section shall extend over a minimum period of four (4) academic years, eight (8) semesters, 12 quarters, nine (9) trimesters, or 36 months. No more than 1500 hours of clinical training and/or theoretical and didactic training is to be completed per 12 month period.
(g) The acupuncture services provided by the trainee shall be done in a manner that does not endanger the health and welfare of patients receiving such services.

No trainee shall render acupuncture services to any patient unless the patient has been informed that such services will be rendered by that trainee. The patient on each occasion of treatment shall be informed of the procedure to be performed by the trainee under the supervision of the supervising acupuncturist and have consented in writing prior to performance to permit such rendering of the acupuncture procedure by the trainee. The foregoing requirements shall also be applied to those instances wherein the trainee is to assist the supervisor in the rendering of acupuncture services.

(h) The acupuncture tutorial training program shall be set forth in a written agreement signed by the supervisor and trainee which sets forth, but is not limited to, the training plan, length of training time, method for providing the theoretical and didactic training, and guidelines for supervision of the acupuncture services rendered by the trainee. A copy of such written agreement shall be submitted with the application for approval.
(i) As a condition of approval, or continued approval, all tutorial programs are subject to an on-site visit by representatives of the Board to review and evaluate the status of the program. It will be the responsibility of the trainee and supervisor to reimburse the Board for direct costs incurred in conducting such review and evaluation.
(j) Acupuncture trainees shall have met the following prerequisites prior to the approval of the tutorial program:
(1) Be at least 18 years of age.
(2) Successful completion of an approved high school course of study or passage of a standard equivalency test.
(k) An acupuncture tutorial shall be made available regardless of sex, race, religion, creed, color, or physical handicap.
(l) The requirements of this section shall not apply to persons who commenced a tutorial and registered with the Board as provided in Section 1399.424 prior to January 1, 1999. Such persons shall meet the curriculum and clinical training requirements in effect at the time the Board approved their application for a tutorial program.

Cal. Code Regs. Tit. 16, § 1399.425

1. Amendment of subsection (d)(8) filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment filed 10-14-83; effective thirtieth day thereafter (Register 83, No. 42).
3. Amendment of subsection (c) filed 8-16-89; operative 9-15-89 (Register 89, No. 33).
4. Repealer and new subsections (e)(1)-(11) filed 4-4-94; operative 5-4-94 (Register 94, No. 14).
5. Amendment of subsections (a) and (c) and amendment of NOTE filed 7-25-97; operative 8-24-97 (Register 97, No. 30).
6. Amendment filed 1-4-99; operative 1-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 2).
7. Change without regulatory effect amending section filed 9-30-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 40).
8. Change without regulatory effect amending section and NOTE filed 4-22-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).

Note: Authority cited: Section 4933, Business and Professions Code. Reference: Sections 4940 and 4941, Business and Professions Code.

1. Amendment of subsection (d)(8) filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment filed 10-14-83; effective thirtieth day thereafter (Register 83, No. 42).
3. Amendment of subsection (c) filed 8-16-89; operative 9-15-89 (Register 89, No. 33).
4. Repealer and new subsections (e)(1)-(11) filed 4-4-94; operative 5-4-94 (Register 94, No. 14).
5. Amendment of subsections (a) and (c) and amendment of Note filed 7-25-97; operative 8-24-97 (Register 97, No. 30).
6. Amendment filed 1-4-99; operative 1-4-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 2).
7. Change without regulatory effect amending section filed 9-30-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 40).
8. Change without regulatory effect amending section and Note filed 4-22-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).