(a)  The board, or its designee, may, upon complaint, inspect any of the following:

(1) Any premise in which acupuncture services, as defined in Section 4937, are provided or reasonably suspected of being provided.

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Terms Used In California Business and Professions Code 4961.1

  • Acupuncture: means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control for the treatment of certain diseases or dysfunctions of the body, and includes the techniques of electroacupuncture, cupping, and moxibustion. See California Business and Professions Code 4927
  • Acupuncturist: means an individual to whom a license has been issued to practice acupuncture pursuant to this chapter, which is in effect and is not suspended or revoked. See California Business and Professions Code 4927
  • Board: means the Acupuncture Board. See California Business and Professions Code 4927
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8

(2) Any place of practice registered with the board for which a wall license has been issued pursuant to Section 4961.

(3) Any clinic owned and operated by a school with an approved educational and training program, as defined in Section 4927.5.

(4) Any premise in which acupuncture services, as defined in Section 4937, are provided under a tutorial program, as defined in Section 4940.

(b) All records required by law to be kept by an acupuncturist subject to this chapter, including, but not limited to, records pertaining to the provision of services to patients, shall be open to inspection by the board, or its designee, during an investigation initiated in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action or issuance of a citation and fine by the board. A copy of all those records shall be provided to the board immediately upon request.

(c) Nothing in this section shall be construed to grant the board jurisdiction over the practice of medicine.

(Added by Stats. 2023, Ch. 682, Sec. 9. (AB 1264) Effective January 1, 2024.)